An Act to amend the Privacy and Personal Information Protection Act 1998 to prohibit damages from being payable for contraventions of privacy laws in relation to persons serving sentences of imprisonment; and for other purposes.
1 Name of Act
This Act is the Privacy and Personal Information Protection Amendment (Prisoners) Act 2002.
2 Commencement
This Act commences on the date of assent.
3 Amendment of Privacy and Personal Information Protection Act 1998 No 133
The Privacy and Personal Information Protection Act 1998 is amended as set out in Schedule 1.
Schedule 1 Amendments
(Section 3)
[1] Section 3 Definitions
Insert in alphabetical order:convicted inmate has the same meaning as it has in the Crimes (Administration of Sentences) Act 1999.
[2] Section 53 Internal review by public sector agencies
Insert after section 53 (7):(7A) A public sector agency may not pay monetary compensation under subsection (7) if:(a) the applicant is a convicted inmate or former convicted inmate or a spouse, partner, relative, friend or an associate of a convicted inmate or former convicted inmate, and(b) the application relates to conduct of a public sector agency in relation to the convicted inmate or former convicted inmate, and(c) the conduct occurred while the convicted inmate or former convicted inmate was a convicted inmate, or relates to any period during which the convicted inmate or former convicted inmate was a convicted inmate.
[3] Section 54 Role of Privacy Commissioner in internal review process
Insert “, (7A)” after “Section 53 (7)” in section 54 (5).
[4] Section 55 Review of conduct by Tribunal
Omit “subsection (3)” from section 55 (2) (a).Insert instead “subsections (4) and (4A)”.
[5] Section 55 (4A)
Insert after section 55 (4):(4A) The Tribunal may not make an order under subsection (2) (a) if:(a) the applicant is a convicted inmate or former convicted inmate or a spouse, partner, relative, friend or an associate of a convicted inmate or former convicted inmate, and(b) the application relates to conduct of a public sector agency in relation to the convicted inmate or former convicted inmate, and(c) the conduct occurred while the convicted inmate or former convicted inmate was a convicted inmate, or relates to any period during which the convicted inmate or former convicted inmate was a convicted inmate.
[6] Schedule 4 Savings, transitional and other provisions
Omit “this Act.” from clause 1 (1). Insert instead:the following Acts:this Act
[7] Schedule 4, clause 1 (2)
Omit “this Act”. Insert instead “the Act concerned”.