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Where am I now? Lawlink > privacynsw > NSW Privacy Laws > Direction On Disclosures Of Information By The New South Wales Public Sector To The National Coronial Information System (NCIS)
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Direction On Disclosures Of Information By The New South Wales Public Sector To The National Coronial Information System (NCIS)
Privacy and Personal Information
Protection Act 1998
I, Judge K V Taylor, Privacy Commissioner, hereby make the following Direction pursuant to section 41 of the Privacy and Personal Information Act 1998 :
1. The Victorian Institute of Forensic Medicine administers the NCIS on behalf of Australian Coronial authorities. New South Wales public sector agencies provide personal information to the NCIS under Licence and Access Agreements which determine how the information is used by the Victorian Institute of Forensic Medicine and accessed by third parties.
2. This Direction authorises disclosures of personal information by New South Wales public sector agencies to the NCIS which would otherwise breach section 18 or sub-section 19(1) of the Privacy and Personal Information Protection Act (the PPIP Act).
3. Disclosures authorised under paragraph 2 are subject to the condition that each public sector agency which discloses personal information to the NCIS is satisfied that the use and disclosure of such information by the Victorian Institute of Forensic Medicine is consistent with the Licence and Access Agreement signed by the Director General of the Attorney General’s Department on behalf of New South Wales on 14th December 2000 or an Agreement entered into between the Agency and the Victorian Institute of Forensic Medicine which has similar conditions to the Licence and Access Agreement.
4. This Direction does not apply to “health information”, as defined in section 6 of the Health Records & Information Privacy Act 2002 (HRIP Act).
5. This Direction replaces the Directions made on 18 February 2002, 26 June 2002, 20 October 2002, 31 March 2003, 19 December 2003, 31 December 2004 ,31 December 2005, 29 December 2006 and 28 December 2007.
6. This Direction has effect from 1 January 2009 and remains in force until 31 December 2009, or until the making of a Privacy Code of Practice authorising disclosures to the NCIS, whichever is earlier.
Note: This Direction is not made with the intention of waiving any application of sub-section 19(2) of the PPIP Act , which limits disclosures to jurisdictions outside New South Wales. Under sub-section 19(5), sub-section 19(2) only comes into force after 1 July 2001, or until a code on disclosures outside New South Wales is made, whichever is later. It was intended that a Code for disclosures outside New South Wales would replace this Direction.
Signed by me on this 23 day of December 2008.
K V Taylor
Privacy Commissioner
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