1 Name of Act
2 Commencement
3 Definitions
4 Definition of “personal information”
4A Exclusion of health information from definition of “personal information”
4B Regulations may declare whether agency is part of or separate from a public sector agency
5 Government Information (Public Access) Act 2009 not affected
6 Courts, tribunals and Royal Commissions not affected
7 Crown bound by Act
Part 2 Information protection principles
8 Collection of personal information for lawful purposes
9 Collection of personal information directly from individual
10 Requirements when collecting personal information
11 Other requirements relating to collection of personal information
12 Retention and security of personal information
13 Information about personal information held by agencies
14 Access to personal information held by agencies
15 Alteration of personal information
16 Agency must check accuracy of personal information before use
17 Limits on use of personal information
18 Limits on disclosure of personal information
19 Special restrictions on disclosure of personal information
Division 2 General provisions relating to principles
20 General application of information protection principles to public sector agencies
21 Agencies to comply with principles
Division 3 Specific exemptions from principles
22 Operation of Division
23 Exemptions relating to law enforcement and related matters
24 Exemptions relating to investigative agencies
25 Exemptions where non-compliance is lawfully authorised or required
26 Other exemptions where non-compliance would benefit the individual 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)
28 Other exemptions
Part 3 Privacy codes of practice and management plans
Division 1 Privacy codes of practice
29 Operation of privacy codes of practice
30 Modification of information protection principles
31 Preparation and making of privacy codes of practice
32 Agencies to comply with privacy codes of practice
Division 2 Privacy management plans
33 Preparation and implementation of privacy management plans
Division 1 Appointment of Privacy Commissioner
34 Appointment of Privacy Commissioner
35 Veto of proposed appointment of Privacy Commissioner
35A Remuneration
35B Vacancy in office
35C Removal from office
35D Filling of vacancy
35E Public Sector Employment and Management Act 2002
35F Appointment of acting Privacy Commissioner
35G Staff of Privacy Commissioner
35H Delegation
Division 2 Functions of Privacy Commissioner
36 General functions
37 Requirement to give information
38 Inquiries and investigations
39 General procedure for inquiries and investigations
40 Personal information digest
41 Exempting agencies from complying with principles and codes
42 Information about compliance arrangements
43 Disclosure of Cabinet or Executive Council information
44 (Repealed)
44A Oversight of functions by Joint Committee
Division 3 Complaints relating to privacy
45 Making of privacy related complaints
46 Preliminary assessment of privacy related complaints
47 Referring privacy related complaints to other authorities
48 Dealing with privacy related complaints
49 Resolution of privacy related complaints by conciliation
50 Reports and recommendations of Privacy Commissioner
51 Effect of dealing with privacy related complaints under this Division
Part 5 Review of certain conduct
52 Application of Part
53 Internal review by public sector agencies
54 Role of Privacy Commissioner in internal review process
55 Review of conduct by Tribunal
56 Appeals to Appeal Panel against decisions and orders of Tribunal
56A Personal information includes health information
57 Disclosure of personal information contained in public registers
58 Suppression of personal information
59 Provisions of this Part prevail
59A–59J(Repealed)
Part 7 Information and Privacy Advisory Committee
60 Establishment of Information and Privacy Advisory Committee
61 Functions of Information and Privacy Advisory Committee
Part 7A Reports by Privacy Commissioner
61A Annual report
61B Report on operation of Act
61C Special report to Parliament
61D Procedure for reporting
62 Corrupt disclosure and use of personal information by public sector officials
63 Offering to supply personal information that has been disclosed unlawfully
64, 65 (Repealed)
66 Personal liability of Privacy Commissioner and others
66A Protection from liability
66B Fees
67 Disclosure by Privacy Commissioner or staff member
68 Offences relating to dealings with Privacy Commissioner
69 Legal rights not affected
70 Proceedings for offences
71 Regulations
72 (Repealed)
73 Repeal of Privacy Committee Act 1975 No 37
74 Savings, transitional and other provisions
75 Review of Act