Contents (1998 - 133)
Privacy and Personal Information Protection Act 1998 No 133
Status information

Long title

Part 1 Preliminary

1 Name of Act
2 Commencement
3 Definitions
4 Definition of “personal information”
4A Exclusion of health information from definition of “personal information”
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

Division 1 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

Part 4 Privacy Commissioner

Division 1 General

34 Appointment of Privacy Commissioner
35 Staff of Privacy Commissioner

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 Delegation of functions

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

Part 6 Public registers

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

Part 6A Amendment of records

59A Interpretation
59B Right to apply for amendment of agencies’ records
59C Applications for amendment of agencies’ records
59D Persons by whom applications to be dealt with etc
59E Incomplete applications
59F Determination of applications
59G Refusal to amend records
59H Notices of determination
59I Notations to be added to records
59J Right of review under GIPA Act

Part 7 Privacy Advisory Committee

60 Privacy Advisory Committee
61 Functions of Privacy Advisory Committee

Part 8 Miscellaneous

62 Corrupt disclosure and use of personal information by public sector officials
63 Offering to supply personal information that has been disclosed unlawfully
64 Annual report
65 Special report to Parliament
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

 Schedule 1 Provisions relating to Privacy Commissioner

 Schedule 2 Provisions relating to members and procedure of Privacy Advisory Committee

 Schedule 3 (Repealed)

 Schedule 4 Savings, transitional and other provisions

Historical notes