Privacy and Personal Information Protection Act 1998 No 133
Current version for 4 July 2014 to date (accessed 23 November 2014 at 14:24)
Part 2Division 3

Division 3 Specific exemptions from principles

22   Operation of Division

Nothing in this Division authorises a public sector agency to do any thing that it is otherwise prohibited from doing.

23   Exemptions relating to law enforcement and related matters

(1)  A law enforcement agency is not required to comply with section 9 if compliance by the agency would prejudice the agency’s law enforcement functions.
(2)  A public sector agency (whether or not a law enforcement agency) is not required to comply with section 9 if the information concerned is collected in connection with proceedings (whether or not actually commenced) before any court or tribunal.
(3)  A public sector agency (whether or not a law enforcement agency) is not required to comply with section 10 if the information concerned is collected for law enforcement purposes. However, this subsection does not remove any protection provided by any other law in relation to the rights of accused persons or persons suspected of having committed an offence.
(4)  A public sector agency (whether or not a law enforcement agency) is not required to comply with section 17 if the use of the information concerned for a purpose other than the purpose for which it was collected is reasonably necessary for law enforcement purposes or for the protection of the public revenue.
(5)  A public sector agency (whether or not a law enforcement agency) is not required to comply with section 18 if the disclosure of the information concerned:
(a)  is made in connection with proceedings for an offence or for law enforcement purposes (including the exercising of functions under or in connection with the Confiscation of Proceeds of Crime Act 1989 or the Criminal Assets Recovery Act 1990), or
(b)  is to a law enforcement agency (or such other person or organisation as may be prescribed by the regulations) for the purposes of ascertaining the whereabouts of an individual who has been reported to a police officer as a missing person, or
(c)  is authorised or required by subpoena or by search warrant or other statutory instrument, or
(d)  is reasonably necessary:
(i)  for the protection of the public revenue, or
(ii)  in order to investigate an offence where there are reasonable grounds to believe that an offence may have been committed.
(6)  Nothing in subsection (5) requires a public sector agency to disclose personal information to another person or body if the agency is entitled to refuse to disclose the information in the absence of a subpoena, warrant or other lawful requirement.
(7)  A public sector agency (whether or not a law enforcement agency) is not required to comply with section 19 if the disclosure of the information concerned is reasonably necessary for the purposes of law enforcement in circumstances where there are reasonable grounds to believe that an offence may have been, or may be, committed.

24   Exemptions relating to investigative agencies

(1)  An investigative agency is not required to comply with section 9 or 10 if compliance with those sections might detrimentally affect (or prevent the proper exercise of) the agency’s complaint handling functions or any of its investigative functions.
(2)  An investigative agency is not required to comply with section 17 if the use of the information concerned for a purpose other than the purpose for which it was collected is reasonably necessary in order to enable the agency to exercise its complaint handling functions or any of its investigative functions.
(3)  An investigative agency is not required to comply with section 18 if the information concerned is disclosed to another investigative agency.
(4)  The exemptions provided by subsections (1)–(3) extend to any public sector agency, or public sector official, who is investigating or otherwise handling a complaint or other matter that could be referred or made to an investigative agency, or that has been referred from or made by an investigative agency.
(5)  The exemptions provided by subsections (1)–(3) extend to the Department of Local Government, or any officer of that Department, who is investigating or otherwise handling (formally or informally) a complaint or other matter even though it is or may be the subject of a right of appeal conferred by or under an Act.
(6)  The Ombudsman’s Office is not required to comply with section 9 or 10.
(7)  An investigative agency is not required to comply with section 12 (a).

25   Exemptions where non-compliance is lawfully authorised or required

A public sector agency is not required to comply with section 9, 10, 13, 14, 15, 17, 18 or 19 if:
(a)  the agency is lawfully authorised or required not to comply with the principle concerned, or
(b)  non-compliance is otherwise permitted (or is necessarily implied or reasonably contemplated) under an Act or any other law (including the State Records Act 1998).

26   Other exemptions where non-compliance would benefit the individual concerned

(1)  A public sector agency is not required to comply with section 9 or 10 if compliance by the agency would, in the circumstances, prejudice the interests of the individual to whom the information relates.
(2)  A public sector agency is not required to comply with section 10, 18 or 19 if the individual to whom the information relates has expressly consented to the agency not complying with the principle concerned.

27   Specific exemptions (ICAC, ICAC Inspector and Inspector’s staff, NSW Police Force, PIC, Inspector of PIC and Inspector’s staff and NSW Crime Commission)

(1)  Despite any other provision of this Act, the Independent Commission Against Corruption, the Inspector of the Independent Commission Against Corruption, the staff of the Inspector of the Independent Commission Against Corruption, the NSW Police Force, the Police Integrity Commission, the Inspector of the Police Integrity Commission, the staff of the Inspector of the Police Integrity Commission and the New South Wales Crime Commission are not required to comply with the information protection principles.
(2)  However, the information protection principles do apply to the Independent Commission Against Corruption, the Inspector of the Independent Commission Against Corruption, the staff of the Inspector of the Independent Commission Against Corruption, the NSW Police Force, the Police Integrity Commission, the Inspector of the Police Integrity Commission, the staff of the Inspector of the Police Integrity Commission and the New South Wales Crime Commission in connection with the exercise of their administrative and educative functions.

28   Other exemptions

(1)  The Ombudsman’s Office, Health Care Complaints Commission, Anti-Discrimination Board and Guardianship Board are not required to comply with section 19.
(2)  The information protection principles do not apply in respect of personal information collected or held by the Community Relations Commission if:
(a)  the information is collected or held by the Commission for the purpose only of translating the information, and
(b)  all documents held by the Commission in which the information is contained are destroyed or returned to the person who submitted the information for translation when the Commission is satisfied that the documents are no longer required for the provision of the translation service, and
(c)  in a case where it is necessary for the information to be given to another person in connection with the provision of the translation service, everything reasonably within the power of the Commission is done to prevent unauthorised disclosure of the information by that other person.
(3)  Nothing in section 17, 18 or 19 prevents or restricts the disclosure of information:
(a)  by a public sector agency to another public sector agency under the administration of the same Minister if the disclosure is for the purposes of informing that Minister about any matter within that administration, or
(b)  by a public sector agency to any public sector agency under the administration of the Premier if the disclosure is for the purposes of informing the Premier about any matter.
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