Privacy Code of Practice (General) 2003

This Code is the Privacy Code of Practice (General) 2003.

This Code modifies the application of the information protection principles and public register provisions of the Act.

Nothing in this Code:

(Repealed)

affects a disclosure that is otherwise permitted by law (including, but not limited to, a disclosure made pursuant to the State Records Act 1998 or the Government Information (Public Access) Act 2009), or

prevents an agency from disclosing personal information with the consent of the individual to whom the information relates.

In this Code:

agency means a public sector agency.

information protection principles means the principles set out in Division 1 of Part 2 of the Act.

public register provisions means the provisions of Part 6 of the Act.

the Act means the Privacy and Personal Information Protection Act 1998.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Code.

Notes included in this Code do not form part of this Code.

This Part applies to the exchange of personal information between the agencies specified in Schedule 1.

The information protection principles are modified to the extent necessary to permit the transfer between the agencies, of the personal information, and for the purposes, described in Schedule 1.

This Part applies to the disclosure of personal information contained in public registers.

Part 6 of the Act is modified to the extent necessary to permit a disclosure referred to in subclause (2).

An agency specified in Column 2 of Schedule 2 that is responsible for keeping a public register (or that part of a register) described in Column 1 may, subject to any conditions set out in Column 1, disclose personal information kept in the register (or part of the register) without being satisfied that the information is to be used for a purpose relating to the purpose of the register or the Act under which the register is kept.

In this Part:

human services agency means a public sector agency that provides any one or more of the following types of services to the public:

welfare services,

health services,

mental health services,

disability services,

drug and alcohol treatment services,

housing and support services,

education services.

In this clause:

allied agency means an agency (other than a public sector agency) that is wholly or partly funded by a human services agency and that is approved in writing by the head of that human services agency as an allied agency for the purposes of this clause.

senior officer means a senior member of staff of a human services agency who has been nominated in writing for the purposes of this clause by the head of that agency.

substantial adverse impact includes, but is not limited to, serious physical or mental harm, significant loss of benefits or other income, imprisonment, loss of housing or the loss of a carer.

Despite the information protection principles, a human services agency may collect and use personal information about an individual, and may disclose personal information about the individual to another human services agency or an allied agency, if the collection, use or disclosure is in accordance with a written authorisation given by a senior officer of the agency.

An authorisation under subclause (2) must specify:

the period (maximum 12 months) for which the authorisation has effect, and

the classes of personal information to which the authorisation is to apply (the specified information), and

the human services agencies or allied agencies (if any) to whom the specified information may be disclosed (the specified agencies).

A senior officer may give an authorisation under subclause (2) only if the officer is satisfied that:

the individual to whom the specified information relates is a person to whom services are provided or proposed to be provided by a human services agency or an allied agency, and

the individual (or a person authorised by or under the Act or any other law to give consent on the individual’s behalf) has failed to consent to the agency collecting or using the specified information, or disclosing the specified information to the specified agencies, and

there are reasonable grounds to believe that there is a risk of substantial adverse impact on the individual or some other person if collection or use of the specified information, or disclosure of the specified information to the specified agencies, does not occur, and

the collection or use of the specified information, or disclosure of the specified information to the specified agencies, is likely to assist in developing or giving effect to a case management plan or service delivery plan that relates to the individual, and

reasonable steps have been taken to ensure that the individual has been notified by the agency of each of the following:

the specified information,

the specified agencies,

the period for which the authorisation is proposed to be sought to have effect.

Note—

Notification under this paragraph would normally be in writing. However, other notification methods may be more appropriate in the case of certain clients. For example, if the client is illiterate.

A human services agency is not required to comply with section 9 of the Act if it is unreasonable or impracticable in the circumstances to do so.

A human services agency is not required to comply with section 9 or 10 of the Act if:

the personal information collected is about an individual other than a relevant client of the agency, and

the personal information is collected from any of the following:

a relevant client,

a non-government organisation engaged by the agency to provide services for or to it,

another human services agency, and

the personal information is reasonably relevant and reasonably necessary to enable the agency to provide services to a relevant client.

In this clause:

relevant client of a human services agency means an individual to whom the agency is providing welfare services, health services or mental health services.

In this Part:

correctional centre and correctional complex have the same meanings as in the Crimes (Administration of Sentences) Act 1999.

Department means the Department of Justice and Attorney General.

NSW Police Force has the same meaning as in the Police Act 1990.

offender means a person who is one or more of the following:

an offender within the meaning of section 3 (1) or 107 of the Crimes (Administration of Sentences) Act 1999,

a person in custody within the meaning of section 249 of the Crimes (Administration of Sentences) Act 1999,

a person who is the subject of a parole order within the meaning of the Crimes (Administration of Sentences) Act 1999,

a person who is the subject of an intensive correction order, a community correction order, a conditional release order (with or without conviction), an intervention program order, a non-association order or a place restriction order within the meaning of the Crimes (Sentencing Procedure) Act 1999 that is in force,

a person who has been granted bail and in respect of whom a court has sought a pre-sentence report from the Department.

provide services and programs to an offender includes the preparation of a case plan for the offender and any assessment of the offender’s suitability for, or conduct in, a program.

staff member means a member of staff of the Department and includes:

a person working under contract, and

an Official Visitor appointed under section 228 of the Crimes (Administration of Sentences) Act 1999, and

a minister of religion or other spiritual advisor appointed to a correctional centre pursuant to a regulation made under section 79 (x1) of the Crimes (Administration of Sentences) Act 1999.

transitional centre has the same meaning as in the Crimes (Administration of Sentences) Act 1999.

victim means a victim of crime within the meaning of section 5 of the Victims Rights Act 1996.

For the purposes of this Part, the following services or programs provided to an offender are taken to be provided by the Department:

a service or program provided on behalf of the Department,

a service or program provided because of a requirement placed on the offender by a court or any of the following bodies within the meaning of the Crimes (Administration of Sentences) Act 1999:

the Parole Authority,

the Review Council,

the Probation and Parole Service.