Contents (1998 - 133)
Privacy and Personal Information Protection Act 1998 No 133
Part 8 Miscellaneous
62 Corrupt disclosure and use of personal information by public sector officials
(1) A public sector official must not, otherwise than in connection with the lawful exercise of his or her official functions, intentionally disclose or use any personal information about another person to which the official has or had access in the exercise of his or her official functions.Maximum penalty: 100 penalty units or imprisonment for 2 years, or both.(2) A person must not induce or attempt to induce a public sector official (by way of a bribe or other similar corrupt conduct) to disclose any personal information about another person to which the official has or had access in the exercise of his or her official functions.Maximum penalty: 100 penalty units or imprisonment for 2 years, or both.(3) Subsection (1) does not prohibit a public sector official from disclosing any personal information about another person if the disclosure is made in accordance with the Public Interest Disclosures Act 1994.(4) In this section, a reference to a public sector official includes a reference to a person who was formerly a public sector official.
63 Offering to supply personal information that has been disclosed unlawfully
(1) A person who offers to supply (whether to a particular person or otherwise), or holds himself or herself out as being able to supply (whether to a particular person or otherwise), personal information that the person knows, or ought reasonably to know, has been or is proposed to be disclosed in contravention of section 62 is guilty of an offence.Maximum penalty: 100 penalty units or imprisonment for 2 years, or both.(2) If a person is convicted of an offence under section 62 or 63 (1), the court may order the confiscation of any money or other benefit alleged to have been obtained by the person in connection with the offence and for that money or other benefit to be forfeited to the Crown.
64, 65 (Repealed)
66 Personal liability of Privacy Commissioner and others
A matter or thing done (or omitted to be done) by the Privacy Commissioner, a member of the staff of the Privacy Commissioner, a member of the Information and Privacy Advisory Committee or a person acting under the direction of the Privacy Commissioner does not, if the matter or thing was done (or omitted to be done) in good faith for the purpose of executing this Act or any other Act, subject the Privacy Commissioner, the member of staff, the member of the Information and Privacy Advisory Committee or the person so acting personally to any action, liability, claim or demand.
66A Protection from liability
(1) Civil proceedings do not lie against a person in respect of loss, damage or injury of any kind suffered by another person by reason only of any of the following acts done in good faith:(a) the making of a complaint or application under this Act,(b) the making of a statement to, or the giving of a document or information to, the Privacy Commissioner, whether or not pursuant to a requirement under section 37.(2) If a public sector agency provides an individual with access to personal information under this Act, and the access was required by section 14 (Access to personal information held by agencies), or an employee, officer or agent of the public sector agency believed in good faith that the access was required by section 14:(a) no action for defamation or breach of confidence lies against the public sector agency, any employee, officer or agent of the agency or the Crown by reason of the provision of access, and(b) no action for defamation or breach of confidence in respect of any publication involved in, or resulting from, the giving of access lies against the person who provided the personal information to the public sector agency by reason of the person having supplied the information to the agency, and(c) the public sector agency, or any employee, officer or agent of the public sector agency, or any other person concerned in giving access to the personal information is not guilty of an offence merely because of the giving of access.(3) The provision of access to personal information in the circumstances referred to in subsection (2) must not be taken to constitute, for the purposes of the law relating to defamation or breach of confidence, an authorisation or approval of the publication of the health information by the person to whom access to the information is provided.
(1) A public sector agency may charge a fee for any of the following matters:(a) giving an individual a copy of health information,(b) giving an individual an opportunity to inspect and take notes of the health information,(c) amending health information at the request of an individual,(d) any other matter prescribed by the regulations.(2) Any fee charged must not exceed such fee (if any) prescribed by the regulations for the matter concerned.
67 Disclosure by Privacy Commissioner or staff member
(1) The Privacy Commissioner or a member of the staff of the Privacy Commissioner must not disclose any information obtained by him or her in the course of his or her office, unless the disclosure is made:(a) with the consent of the person the subject of the information, or(b) for the purpose of discharging functions of the Privacy Commissioner or member of staff under this or any other Act.Maximum penalty: 10 penalty units.(2) Subsection (1) does not prevent the Privacy Commissioner from furnishing any information relating to:(a) a matter arising under a law of another State, a Territory or the Commonwealth, orto a person exercising under a law of that other State, that Territory or the Commonwealth functions similar to those exercised by the Commissioner under this Act or any other Act.(b) an undertaking that is or was being carried out jointly by New South Wales and another State, a Territory or the Commonwealth,(3) Subsection (1) does not operate to render admissible in evidence in any proceedings any document that would not have been so admissible if this section had not been enacted.
68 Offences relating to dealings with Privacy Commissioner
(1) A person must not:(a) without lawful excuse, wilfully obstruct, hinder or resist the Privacy Commissioner or a member of the staff of the Privacy Commissioner in the exercise of functions under this or any other Act, or(b) without lawful excuse, refuse or wilfully fail to comply with any lawful requirement of the Privacy Commissioner or a member of the staff of the Privacy Commissioner under this or any other Act, or(c) wilfully make any false statement to or mislead, or attempt to mislead, the Privacy Commissioner or a member of the staff of the Privacy Commissioner in the exercise of functions under this or any other Act.Maximum penalty: 10 penalty units.(2) A person must not directly or indirectly:(a) if the person is not the Privacy Commissioner—represent that he or she is the Privacy Commissioner, or(b) if the person has not been appointed under this Act as acting Privacy Commissioner—represent that he or she has been so appointed, or(c) if the person is not a person to whom a delegation has been made under this Act or the Health Records and Information Privacy Act 2002—represent that he or she is such a person, or(d) if the person is not a member of the staff of the Privacy Commissioner—represent that he or she is a member of that staff.Maximum penalty: 10 penalty units.(3) For the purposes of subsection (2), a person represents that a state of affairs exists if the person does or says anything, or causes, permits or suffers anything to be done or said, whereby it is represented, or whereby a belief may be induced, that the state of affairs exists.
69 Legal rights not affected
(1) Nothing in Part 2 or 3 gives rise to, or can be taken into account in, any civil cause of action, and without limiting the generality of the foregoing, nothing in Part 2 or 3:(a) operates to create in any person any legal rights not in existence before the enactment of this Act, or(b) affects the validity, or provides grounds for review, of any judicial or administrative act or omission.(2) Subsection (1) is subject to sections 21 and 32.
70 Proceedings for offences
Proceedings for an offence against this Act are to be dealt with summarily before the Local Court.
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.(2) Without affecting the generality of subsection (1), the regulations may make provision for or with respect to:(a) the manner in which privacy codes of practice are to be prepared and developed, and(b) exempting specified persons or public sector agencies, or classes of persons or public sector agencies, from:(i) any of the requirements of this Act or the regulations relating to the collection, use or disclosure of specified classes of personal information, or(ii) any other provision of this Act.(3) A regulation may create an offence punishable by a penalty not exceeding 50 penalty units.
74 Savings, transitional and other provisions
Schedule 4 has effect.
75 Review of Act
(1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.(2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.(3) A report of the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.