An Act to amend the Crimes (Administration of Sentences) Act 1999, the Summary Offences Act 1988 and the regulations under those Acts in relation to Visiting Magistrates, the powers of correctional officers in places of detention and the disclosure and sharing of information; and for other purposes.
1 Name of Act
This Act is the Crimes (Administration of Sentences) Amendment Act 2016.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
Schedule 1 Amendment of Crimes (Administration of Sentences) Act 1999 No 93
[1]–[16] (Repealed)
[17] Section 257A
Omit the section. Insert instead:257A Authority to disclose and exchange certain information(1) The Commissioner may disclose information obtained by the Commissioner in connection with the exercise of his or her official functions under this or any other Act for any purpose prescribed by the regulations for the purposes of this subsection.(2) The Commissioner may enter into an arrangement (an information sharing arrangement) with the head of a relevant agency for the purpose of sharing or exchanging information that is held by Corrective Services NSW or the relevant agency.(3) Under an information sharing arrangement, each party to the arrangement is authorised:(a) to request and receive prescribed information that is held by the other party to the arrangement, and(b) to disclose prescribed information that is held by the party to the other party to the arrangement.(4) In this section:prescribed information means information of a kind prescribed by the regulations for the purposes of subsection (3) (a) or (b).relevant agency means:(a) a law enforcement agency, or(b) a government agency of a State or Territory that corresponds with Corrective Services NSW, orthat is prescribed by the regulations as a relevant agency.(c) a person or body,(5) A regulation made under this section extends to information obtained before the commencement of the regulation unless the regulation otherwise provides.(6) The power to prescribe a purpose for the purposes of subsection (1) does not imply that the Commissioner may disclose information only for a purpose so prescribed.(7) The authority to disclose, request or receive information under this section applies despite the Privacy and Personal Information Protection Act 1998 and the Health Records and Information Privacy Act 2002.(8) The Minister is to consult with the Minister for Health before recommending the making of a regulation under subsection (1) that may result in the disclosure or use of health information (within the meaning of the Health Records and Information Privacy Act 2002).(9) A failure to comply with subsection (8) does not affect the validity of a regulation.
[18] (Repealed)
sch 1: Am 1987 No 15, sec 30C.
Schedule 2 (Repealed)
sch 2: Am 1987 No 15, sec 30C. Rep 1987 No 15, sec 30C.