CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 257A
Authority to disclose and exchange certain information
CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 257A
Authority to disclose and exchange certain information
257A Authority to disclose and exchange certain information
(1) The
Commissioner may disclose information obtained by the Commissioner, or to
which the Commissioner otherwise has or had access, 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
(a1) an
intelligence agency of an Australian jurisdiction, or
(b) a government agency
of a State or Territory that corresponds with Corrective Services NSW, or
(c)
a person or body prescribed by the regulations as a relevant agency.
(5) A
regulation made under this section extends to information obtained before the
commencement of the regulation unless the regulation otherwise provides.
(5A)
The disclosure, sharing and exchange of information in accordance with
subsection (1) or under an information sharing arrangement must comply with
any conditions prescribed by the regulations for the purposes of this section.
(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.
(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.
