Victorian Numbered Acts

HUMAN SERVICES (COMPLEX NEEDS) ACT 2009 (NO. 16 OF 2009) - SECT 9

Before the Secretary determines whether a person is an eligible person, the Secretary must notify the person in writing—

        (a)     that the Secretary will consider whether the person appears to be an eligible person under section 7, unless the person refuses to be considered for eligibility; and

        (b)     that if, following consideration of the person, the Secretary determines that the person is an eligible person, the Secretary will develop, or cause a service provider to develop, a care plan that relates to the person, unless the person refuses to be the subject of a care plan; and

        (c)     that the Secretary may seek to obtain from any person or organisation personal information or health information about the person for the purpose of considering whether the person is an eligible person or developing a care plan that relates to the person; and

        (d)     that a service provider referred to in paragraph (b) may seek to obtain from any person or organisation personal information or health information about the person for the purpose of developing a care plan that relates to the person; and

        (e)     that a service provider identified in a care plan that relates to the person may disclose personal information or health information about the person to another service provider identified in the care plan if the first-mentioned service provider is satisfied that the disclosure—

              (i)     is in the best interests of the person; and

              (ii)     would assist the second-mentioned service provider in giving effect to the care plan; and

        (f)     that the Secretary may disclose personal information or health information about the person to a service provider identified in a care plan that relates to the person if the Secretary is satisfied that the disclosure—

              (i)     is in the best interests of the person; and

              (ii)     would assist the service provider in giving effect to the care plan; and

        (g)     of how to contact the Secretary; and

        (h)     that the person may at any time—

              (i)     refuse to be considered for eligibility; or

              (ii)     refuse to be the subject of a care plan.