Information Privacy Act 2014

For schedule 1, a permitted general situation exists in relation to the collection, use or disclosure by a public sector agency of personal information about an individual if—

both of the following apply:

it is unreasonable or impracticable to obtain the individual’s consent to the collection, use or disclosure;

the agency reasonably believes that the collection, use or disclosure is necessary to lessen or prevent a serious threat to the life, health or safety of an individual, or to public health or safety; or

both of the following apply:

the agency has reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to the agency’s functions or activities has been, is being or may be engaged in;

the agency reasonably believes that the collection, use or disclosure is necessary in order for the agency to take appropriate action in relation to the matter; or

both of the following apply:

the agency reasonably believes that the collection, use or disclosure is reasonably necessary to assist an entity to locate a person who has been reported as missing;

Note Entity includes an unincorporated body and a person (including a person occupying a position) (see Legislation Act, dict, pt 1).

the collection, use or disclosure complies with the rules made under subsection (2); or

the collection, use or disclosure is reasonably necessary for the establishment, exercise or defence of a legal or equitable claim; or

the collection, use or disclosure is reasonably necessary for the purposes of a confidential alternative dispute resolution process.

For subsection (1) (c) (ii), the information privacy commissioner may make rules relating to the collection, use or disclosure of personal information.

Note See s 56 (Instruments made under this Act).

A rule is a notifiable instrument.

Division 3.2 Compliance with TPPs