New South Wales Consolidated Acts

PRIVACY AND PERSONAL INFORMATION PROTECTION ACT 1998 - SECT 24

24 Exemptions relating to investigative agencies

(1) An investigative agency is not required to comply with section 9 or 10 if compliance with those sections might detrimentally affect (or prevent the proper exercise of) the agency’s complaint handling functions or any of its investigative functions.

(2) An investigative agency is not required to comply with section 17 if the use of the information concerned for a purpose other than the purpose for which it was collected is reasonably necessary in order to enable the agency to exercise its complaint handling functions or any of its investigative functions.

(3) An investigative agency is not required to comply with section 18 if the information concerned is disclosed to another investigative agency.

(4) The exemptions provided by subsections (1)-(3) extend to any public sector agency, or public sector official, who is investigating or otherwise handling a complaint or other matter that could be referred or made to an investigative agency, or that has been referred from or made by an investigative agency.

(5) The exemptions provided by subsections (1)-(3) extend to the Department of Local Government, or any officer of that Department, who is investigating or otherwise handling (formally or informally) a complaint or other matter even though it is or may be the subject of a right of appeal conferred by or under an Act.

(6) The Ombudsman’s Office is not required to comply with section 9 or 10.

(7) An investigative agency is not required to comply with section 12 (a).