Direction On Processing Of Personal Information By Public Sector Agencies In Relation To Their Investigative Functions - Privacy NSW : Lawlink NSW

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Direction On Processing Of Personal Information By Public Sector Agencies In Relation To Their Investigative Functions *Privacy and Personal Information* *Protection Act 1998* I, John Feneley, Acting Privacy Commissioner, pursuant to my delegation under section 44 of the Privacy and Personal Information Protection Act 1998, hereby direct pursuant to section 41 of the said Act: 1. This Direction is to apply to each public sector agency, as defined in section 3 of the Privacy and Personal Information Protection Act (the PPIP Act), which is listed in the schedule to the Direction (relevant agency). 2. This Direction applies to the collection, storage, use and disclosure of personal information for the purpose of the exercise by a relevant agency of its investigative functions. 3. This Direction does not apply to “health information”, as defined in section 6 of the Health Records & Information Privacy Act 2002 (HRIP Act). 4. A relevant agency need not comply with sections 9, 10, 13, 14, 15, 17, 18, or 19(1) of the PPIP Act if non-compliance is reasonably necessary for the proper exercise of any of the agency’s investigative functions or its conduct of any lawful investigations. 4A. A relevant agency need not comply with sections 18 or 19(1) of the PPIP Act if non-compliance is reasonably necessary to assist another relevant agency exercising investigative functions or conducting a lawful investigation. 5. The provisions of paragraph 4 of this Direction are not intended to override and do not override any other legal requirement dealing with the collection, use or disclosure of information by a relevant agency. 6. For the purpose of this Direction: “investigation” of a matter includes any examination of or any preliminary or other inquiry, including but not limited to a preliminary inquiry within the meaning of the Public Sector Management Act, into the matter. This includes matters where it is decided to take no further action on the information and matters which arise by way of complaint or otherwise; “investigative functions” of an agency refer to those functions that are directly related to a lawful investigation and that are necessary for the conduct of that lawful investigation; “lawful investigation” means an investigation carried out by an agency under specific legislative authority or where the power to conduct the investigation is necessarily implied or reasonably contemplated under an Act or other law. It covers only those investigations which may lead to the agency taking or instituting formal action in relation to the behaviour under investigation. Such formal action may include, but is not limited to, prosecution, warning, cautioning, the administration of a penalty or the removal of a benefit or approval; 7. This Direction replaces the Directions made on 28th September 2000, 29 December 2000, 1 June 2001, 28 December 2001, 26 June 2002, 29 October 2002, 31 March 2003, 19 December 2003, 31 December 2004 and 31 December 2005. 8. This Direction has effect from 31 October 2006 to 31 December 2006 or until the making of a Privacy Code of Practice for Investigations, whichever is earlier. Signed by me on this 3rd day of November 2006. John Feneley ACTING PRIVACY COMMISSIONER Schedule Public Sector Agencies covered by the Direction Administrative Decisions Tribunal Ambulance Service of NSW Anti-Discrimination Board Art Gallery of NSW Attorney General's Department Audit Office of New South Wales Australian Museum Bicentennial Park Trust Bookmakers Revision Authority Broken Hill Water Board Building and Construction Long Service Leave Payments Corporation Cabinet Office Casino Control Authority Centennial Park and Moore Park Trust Charles Sturt University Co-ordinator General of Rail Cobar Water Board Community Relations Commission Consumer Trading & Tenancy Tribunal Corrections Health Service Council of Law Reporting Department of Ageing, Disability, and Home Care Department of Aboriginal Affairs Department of Commerce Department of Community Services Department of Corrective Services Department of Education and Training Department of Environment and Conservation Department of Gaming and Racing Department of Health Department of Housing Department of Juvenile Justice Department of Lands Department of Local Government Department of Natural Resources Department of Planning Department of Primary Industries Department of Sport and Recreation Department of State and Regional Development Dust Diseases Board Eastern Creek Raceway Far West Health Service Film and Television Office First State Superannuation Trustee Corporation Forests NSW Geographical Names Board Government Information Service Greater Southern Area Health Service Greater Western Area Health Service Harness Racing Authority Health Care Complaints Commission HealthQuest Historic Houses Trust Home Care Service of NSW Hunter/New England Area Health Service Independent Commission Against Corruption Independent Transport Safety and Reliability Regulator Institute for Clinical Excellence Internal Audit Bureau Jenolan Parks Trust Judicial Commission of NSW Lake Illawarra Authority Land and Property Information Service Legal Aid Commission Legal Practitioners Admission Board Lord Howe Island Board Macquarie University Mental Health Review Tribunal Mines Rescue Service Mines Subsidence Board Ministry for Police Ministry for the Arts Ministry of Energy and Utilities Ministry of Transport Motor Accidents Authority Motor Vehicle Repair Industry Council North Coast Area Health Service Northern Sydney/Central Coast Area Health Service NSW Aboriginal Housing Office NSW Aboriginal Land Council NSW Cancer Council NSW Coal Compensation Board NSW Crime Commission NSW Fire Brigades NSW Food Authority NSW Heritage Office NSW Institute of Sport NSW Law Reform Commission NSW Maritime Authority NSW Medical Board NSW Ombudsman's Office NSW Police NSW Rural Fire Service NSW Treasury NSW Vocational and Training Accreditation Board Office of Community Housing Office of Marine Administration Office of State Revenue Office of the Board of Studies Office of the Children's Guardian Office of the Director of Public Prosecutions Office of the Protective Commissioner Office of the Public Guardian Office of the Surveyor-General Office of Transport Safety Investigation Office of Western Sydney Parliamentary Counsel's Office Police Integrity Commission Powerhouse Museum Premier's Department Privacy NSW Professional Standards Council Registry of Births, Deaths & Marriages Roads & Traffic Authority South Eastern Sydney/Illawarra Area Health Service Southern Cross University State Authorities Superannuation Trustee Corporation State Electoral Office State Emergency Service State Library of NSW State Rail Authority of NSW State Records Authority State Sports Centre Trust State Transit Authority State Valuation Office Stewart House Preventorium, Curl Curl Sustainable Energy Development Authority Sydney Catchment Authority Sydney Cricket Ground and Sports Ground Trust Sydney Harbour Foreshore Authority Sydney Olympic Park Authority Sydney Opera House Sydney Ports Corporation Sydney South West Area Health Service Sydney West Area Health Service Taronga and Western Plains Zoo Teacher Housing Authority Tourism New South Wales Tow Truck Authority of New South Wales Transport Safety and Reliability Regulator University of New England University of New South Wales University of Newcastle University of Sydney University of Technology Sydney University of Western Sydney University of Wollongong Waste Recycling & Processing Service of NSW Wentworth Park Trust Westmead Children’s Hospital (The Royal Alexandra Hospital for Children) Wollongong Sports Ground Trust WorkCover Authority Zoological Parks Board of NSW Albury City Council Armidale City Council Armidale Dumaresq Council The Council of the Municipality of Ashfield Auburn Council Ballina Shire Council Balranald Shire Council Bankstown City Council Barraba Shire Council Bathurst City Council The Council of the Shire of Baulkham Hills Bega Valley Shire Council Bellingen Shire Council Berrigan Shire Council Bingara Shire Council Blacktown City Council Bland Shire 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