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Direction On The Disclosure Of Information To Victims Of Crime
Privacy and Personal Information
Protection Act 1998
I, Judge K V Taylor, Privacy Commissioner, hereby direct pursuant to section 41 of Privacy and Personal Information Protection Act 1998 as follows:
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.
2. The public sector agencies covered by this Direction may depart from sections 9, 10, 17, 18 and 19 of the PPIP Act to the extent necessary to provide information about offenders to individuals who are victims of crime as defined by section 5 of the Victims Rights Act 1996, and members of their immediate families as defined in section 9 of the Victims Support and Rehabilitation Act 1996.
3. The Direction allows for:
· disclosures to which victims of crime are entitled under the Charter of Rights for Victims of Crime in section 6 of that Act, and
· collection, use, and disclosure of information where this is incidental to such disclosure, and
· disclosures which are otherwise reasonably necessary to inform a victim or a member of the victim’s immediate family about the general location or movements of a relevant offender, where the offender has been convicted of a serious indictable offence as defined in section 4 of the Crimes Act 1900.
4. This Direction does not authorise disclosures of information which are restricted or prohibited under other legislation.
5. This Direction does not apply to “health information”, as defined in section 6 of the Health Records & Information Privacy Act 2002 (HRIP Act).
6. This Direction replaces the Directions made on 30 June 2000, 28 September 2000, 29 December 2000, 1 June 2001, 28 December 2001, 29 April 2002, 26 June 2002, 29 October 2002, 31 March 2003, 19 December 2003, 31 December 2004, 31 December 2005, 29 December 2006 and 28 December 2007.
7. This Direction has effect from 1 January 2009 to 31 December 2009 or until the making of an equivalent Privacy Code of Practice, whichever is earlier.
Signed by me on this 23 day of December 2008.
Judge K V Taylor
Privacy Commissioner
Schedule of Public Sector Agencies covered by the Direction
- Attorney General’s Department of NSW
- Department of Premier and Cabinet
- Department of Aboriginal Affairs
- Department of Ageing, Disability and Home Care
- Department of Community Services
- Department of Corrective Services
- Department of Juvenile Justice
- Department of Health
- Justice Health
- Mental Health Review Tribunal
- NSW Police
- Office of the Director of Public Prosecutions
- Victims of Crime Bureau
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