Department of Health and Human Services
Policy
Consent to Share Client Information
Policy Intent
The intent of this policy is to ensure:

That the rights of clients are respected when gaining consent;

That consent is informed

That client consent is obtained before their information is shared
with another organisation

That capacity is assessed, and the client is informed about what, how
and why information will be recorded, shared and used, and

That collection, storing and renewal of consent forms are in
accordance with the legislation and this policy.
This policy supports clients having the right to information to make their own
choices.
Information sharing between services and professionals is critical in an
integrated and responsive approach to preventing and reducing episodes of
homelessness and housing crisis for each client. The initial identification of
clients’ needs focuses on early intervention and appropriate referrals.
Obtaining client consent at the earliest opportunity is critical to achieving
good outcomes for the client
The same policy intention applies to the right to withdraw or vary consent as
to gaining consent.
The Rights of Clients
Having somewhere to live that is safe and affordable matters to everyone.
The Tasmanian Homelessness Charter Guide is a statement of core values with
many of the rights containing elements relevant to this policy:
Dignity and Respect; within this theme service principles include:

Clients having a say (i.e. agreeing to share information)
Treated Fairly: within this theme service principles include

Decision making clearly explained (i.e. informed consent)
Health and Wellbeing: within this theme service principles include

Accommodation that is safe and free from violence and threats
Privacy and Confidentiality: within this theme service principles include:

Client information is kept securely and confidentially,

Personal information is not shared with another service without
client permission.

Client information handled in accordance with privacy and personal
information laws.
Choices: within this theme service principles include.

Clients having information to make choices.
Informed Consent
Informed consent is when the client understands what they are being asked
to do, why they are asked to do it and the implications for doing or not doing
it.
Sharing of Information
Personal information will only be disclosed to organisations or individuals
with client consent, or if it is authorised by law.
Staff only have access to the information that is necessary for them to provide
the services to clients.
Where staff are not covered by the State Service Act 2000, they will have
police checks updated in accordance with organisational policies and
operational requirements.
The services undertaking the client assessments are responsible for ensuring
that consent has been obtained.
Capacity to consent
It is the responsibility of the agency undertaking the assessment to ensure the
client has the capacity to give consent.
This consent must be lawful and comply with relevant legislation and in
accordance with the agency’s organisational policies and procedures.
Information that can be
shared
The privacy of client personal information is protected by legislation.
Organisations are guardians of personal information and are responsible for
collecting, maintaining and disposing of client information as per the
requirements of the Personal Information Protection Act 2004. Clients have
the right to privacy and confidentiality.
Withdraw or Vary
Consent
A client can withdraw or vary consent to share information at any time in full
or part, in writing.
Client consent remains active for the duration of the occasion of service that
the client has presented for. Once the client’s need has been met or the
client exits the system, the consent will no longer be active as this occasion of
service is considered to have been met.
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This means, a client will be required to complete new client consent if they
present to Housing Connect for any future occasion of service that requires
assistance and support services.
It is the responsibility of the Agency working with the client to ensure client
consent is active for the occasion of service they are providing.
Why we need consent
Consent to share client information is essential to support the client’s
individual application for social housing, and support services. Consent is
obtained from clients depending on the service type that has been accessed.
It is important to note that without client consent, services may decline
referrals on the grounds of insufficient information.
When clients are considered for housing and support services, additional
information and consent will need to be collected from other household
members. Only information that is relevant to housing assistance and
support will be requested and shared.
How consent is gained
Clients give consent in writing by completing a Consent Form.
Verbal consent is available to telephone services providing 24 hour, 7 day per
week services to enable referral to an appropriate service. Once clients have
been referred to a service, the service should (ideally within twelve hours)
gain written client consent.
Consent to Share
The consent form provides the option for clients to share their information
with all relevant services or only with nominated services selected by the
client.
This level of consent is available to all users and the consent is active until the
client’s needs have been met or the client exits the system.
Duty of Care
Duty of Care is to enter a duty of care client note, or alert, or undertaking a
mandatory reporting requirement such as a child protection notification. This
consent is valid for 12 hours.
Restricted Client
A client may be identified as a ‘Restricted Client’ if there is deemed to be a
personal safety issue for the client that may result from such things as Court
Orders or ‘Safe at Home’. ‘Restricted Client’ is at the discretion of the
organisation providing the assistance and support and must be signed off at
Housing Connect Management level within that organisation.
Where a client has been identified as a ‘Restricted Client’, the client
information around this occasion of service will not be visible to any
organisation other than the originating service, at any time now or in the
future.
‘Restricted Client’ status is available to Short-term emergency
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accommodation services (i.e. shelters).
Effect of not consenting
Clients have the right to make their own choice. This includes

Understanding what choices are available;

getting extra support to help make decisions if needed;

understanding what the option means; and

making their own decisions from this information.
Although consent to share information is not a pre-requisite for service, in
practical terms no service is likely to be willing to accept a referral without
any information.
Legal Framework
This Policy adheres to the Residential Tenancy Act 1997; Personal Information
Protection (PIP) Act 2004; Guardianship and Administration Act 1995, Mental
Health Act 1996, Children, Young Persons and Their Families Act 1997; The Right
to Information Act (2009) where relevant.
Exemptions
Within the Department of Health and Human Services (DHHS), client
consent is not required in order to share basic information as per the Personal
Information Protection Act 2004. Basic information means the name, residential
address, postal address, date of birth and gender of an individual.
The Personal Information Protection Act 2004 permits the use and disclosure of
personal information only for the purpose for which it was collected or a
related purpose the person would reasonably expect. Some important
interests, such as protecting health and safety, welfare, or prevention and
investigation of crimes can justify use and disclosure without consent.
Client consent is not required where a mandated notification is necessary.
Client consent remains good practice in these situations, however it is not
required where discussing the intention to notify would jeopardise the health
and safety of service providers, or the individual who is the subject of the
mandated notification.
Responsibilities/
Delegations
Organisations are responsible for ensuring the appropriate application of this
policy according to their funding contracts and agreements.
Disclaimer
This is a statewide policy and must not be re-interpreted so that subordinate
policies exist. Should discrete operational differences exist, these should be
expressed in the form of an operating procedure or protocol.
Procedures and Forms
Consent to Share Information Form
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Additional Information
Basic Personal Information
The Personal Information Protection (PIP) Act 2004 asserts basic information to
mean; the name, residential address, postal address, date of birth and gender
of an individual.
State Service Act 2000
The State Service Act 2000 can be accessed at
State Service Act 2000.
Policy Title and Version
Consent to Share Client Information V2.0
Effective Date
1 October 2013
Review Date
October 2016
Document Number
20100318
Replaces Document Number
20100318
Custodian
Housing Tasmania, Social and Affordable Housing Policy
Approved by
Director Housing Tasmania
This Policy may be varied, withdrawn or replaced at any time. Compliance with this directive is mandatory for the
Department of Health and Human Services. Please Destroy Printed Copies. The electronic version of this
Policy is the approved and current version and is located on the Agency’s intranet. Any printed version is
uncontrolled and therefore not current.
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