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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Child Protection (Offenders
Registration) Amendment Bill 2008
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Child Protection (Offenders Registration)
Act 2000 No 42 2
4 Repeal of Act 2
Schedule 1 Amendments 3
b2008-086-18.d07
New South Wales
Child Protection (Offenders
Registration) Amendment Bill 2008
No , 2008
A Bill for
An Act to amend the Child Protection (Offenders Registration) Act 2000 with respect
to the collection, use and disclosure of information concerning registrable persons
under that Act.
Clause 1 Child Protection (Offenders Registration) Amendment Bill 2008
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Child Protection (Offenders Registration) Amendment 3
Act 2008. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
3 Amendment of Child Protection (Offenders Registration) Act 2000 No 42 7
The Child Protection (Offenders Registration) Act 2000 is amended as 8
set out in Schedule 1. 9
4 Repeal of Act 10
(1) This Act is repealed on the day following the day on which this Act 11
commences. 12
(2) The repeal of this Act does not, because of the operation of section 30 13
of the Interpretation Act 1987, affect any amendment made by this Act. 14
Page 2
Child Protection (Offenders Registration) Amendment Bill 2008
Amendments Schedule 1
Schedule 1 Amendments 1
(Section 3) 2
[1] Section 19BA 3
Insert after section 19B: 4
19BA Exemption of certain agencies from privacy protection legislation 5
(1) A scheduled agency: 6
(a) may collect and use personal information about a 7
registrable person, and 8
(b) may disclose personal information about a registrable 9
person to another scheduled agency, 10
if the collection, use or disclosure accords with a written 11
authorisation given by a senior officer of the agency. 12
(2) An authorisation under this section must specify: 13
(a) the period (maximum 12 months) for which it has effect, 14
and 15
(b) the agencies to which the personal information may be 16
disclosed. 17
(3) A senior officer of a scheduled agency may give an authorisation 18
under this section only if the officer is satisfied that: 19
(a) there are reasonable grounds to suspect that there is a risk 20
of substantial adverse impact on: 21
(i) the registrable person, or 22
(ii) some other person or class of persons, 23
if the collection or use of the personal information, or the 24
disclosure of the personal information to one or more of 25
the agencies specified in the authorisation, does not occur, 26
or 27
(b) the collection or use of the personal information, or the 28
disclosure of the personal information to one or more of 29
the agencies specified in the authorisation, is likely to 30
assist in developing or giving effect to a case management 31
plan for the registrable person. 32
(4) This section has effect despite anything to the contrary in the 33
Privacy and Personal Information Protection Act 1998 or the 34
Health Records and Information Privacy Act 2002. 35
Page 3
Child Protection (Offenders Registration) Amendment Bill 2008
Schedule 1 Amendments
(5) In this section: 1
personal information means anything that constitutes personal 2
information for the purposes of both the Privacy and Personal 3
Information Protection Act 1998 and the Health Records and 4
Information Privacy Act 2002, but does not include anything that 5
is not personal information for the purposes of either of those 6
Acts. 7
Note. The two Acts referred to in this definition define personal 8
information in terms that differ only in relation to what they exclude: 9
something that is personal information for the purposes of one Act, but 10
not the other, is consequently not personal information for the purposes 11
of this section. 12
scheduled agency means an agency listed in Schedule 1. 13
senior officer, in relation to a scheduled agency, means a 14
member of staff of the agency whom the head of the agency has 15
nominated in writing as being a senior officer for the purposes of 16
this section. 17
substantial adverse impact includes, but is not limited to, serious 18
physical or mental harm, sexual abuse, significant loss of benefits 19
or other income, imprisonment, loss of housing or the loss of a 20
carer. 21
(6) The regulations may amend or substitute Schedule 1. 22
[2] Schedule 1 23
Insert before Schedule 2: 24
Schedule 1 Scheduled agencies 25
(Section 19BA) 26
The NSW Police Force 27
The Department of Ageing, Disability and Home Care 28
The Department of Community Services 29
The Department of Corrective Services 30
The Department of Education and Training 31
The Department of Health 32
Housing NSW 33
The Department of Juvenile Justice 34
The Greater Southern Area Health Service 35
The Greater Western Area Health Service 36
Page 4
Child Protection (Offenders Registration) Amendment Bill 2008
Amendments Schedule 1
The Hunter and New England Area Health Service 1
The North Coast Area Health Service 2
The Northern Sydney and Central Coast Area Health Service 3
The South Eastern Sydney and Illawarra Area Health Service 4
The Sydney South West Area Health Service 5
The Sydney West Area Health Service 6
The Children's Hospital at Westmead 7
Justice Health 8
Page 5
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