New South Wales Consolidated Acts

PRIVACY AND PERSONAL INFORMATION PROTECTION ACT 1998 - SECT 3

3 Definitions

(1) In this Act:
"Commonwealth agency" means an entity referred to in paragraph (a)-(h) of the definition of "agency" in the Privacy Act 1988 of the Commonwealth.
"convicted inmate" has the same meaning as it has in the Crimes (Administration of Sentences) Act 1999 .
"exercise" a function includes perform a duty.
"function" includes a power, authority or duty.
"information protection principle" or "principle" means a provision set out in Division 1 of Part 2.
"investigative agency" means any of the following:

(a) the Ombudsman’s Office,

(b) the Independent Commission Against Corruption,

(b1) the Inspector of the Independent Commission Against Corruption,

(c) the Police Integrity Commission,

(c1) the Inspector of the Police Integrity Commission and any staff of the Inspector,

(e) the Health Care Complaints Commission,

(f) the office of Legal Services Commissioner,

(g) a person or body prescribed by the regulations for the purposes of this definition.

"law enforcement agency" means any of the following:

(a) the NSW Police Force, or the police force of another State or a Territory,

(b) the New South Wales Crime Commission,

(c) the Australian Federal Police,

(d) the Australian Crime Commission,

(e) the Director of Public Prosecutions of New South Wales, of another State or a Territory, or of the Commonwealth,

(f) the Department of Corrective Services,

(g) the Department of Juvenile Justice,

(h) a person or body prescribed by the regulations for the purposes of this definition.

"local government authority" means a council, or a county council, within the meaning of the Local Government Act 1993 .
"personal information" is defined in section 4.
"privacy code of practice" or "code" means a privacy code of practice made under Part 3.
"Privacy Commissioner" means the Privacy Commissioner appointed under this Act.
"public register" means a register of personal information that is required by law to be, or is made, publicly available or open to public inspection (whether or not on payment of a fee).
"public sector agency" means any of the following:

(a) a government department or the Teaching Service,

(b) a statutory body representing the Crown,

(c) a declared authority under the Public Sector Management Act 1988 ,

(d) a person or body in relation to whom, or to whose functions, an account is kept of administration or working expenses, if the account:

(i) is part of the accounts prepared under the Public Finance and Audit Act 1983 , or

(ii) is required by or under any Act to be audited by the Auditor-General, or

(iii) is an account with respect to which the Auditor-General has powers under any law, or

(iv) is an account with respect to which the Auditor-General may exercise powers under a law relating to the audit of accounts if requested to do so by a Minister of the Crown,

(e) the NSW Police Force,

(f) a local government authority,

(g) a person or body that:

(i) provides data services (being services relating to the collection, processing, disclosure or use of personal information or that provide for access to such information) for or on behalf of a body referred to in paragraph (a)-(f) of this definition, or that receives funding from any such body in connection with providing data services, and

(ii) is prescribed by the regulations for the purposes of this definition,

but does not include a State owned corporation.
"public sector official" means any of the following:

(a) a person appointed by the Governor, or a Minister, to a statutory office,

(b) a judicial officer within the meaning of the Judicial Officers Act 1986 ,

(c) a person employed in the Government Service, the Teaching Service, the NSW Health Service or the NSW Police Force,

(d) a local government councillor or a person employed by a local government authority,

(e) a person who is an officer of the Legislative Council or Legislative Assembly or who is employed by (or who is under the control of) the President of the Legislative Council or the Speaker of the Legislative Assembly, or both,

(f) a person who is employed or engaged by:

(i) a public sector agency, or

(ii) a person referred to in paragraph (a)-(e),

(g) a person who acts for or on behalf of, or in the place of, or as deputy or delegate of, a public sector agency or person referred to in paragraph (a)-(e).

"publicly available publication" does not include any publication or document declared by the regulations not to be a publicly available document for the purposes of this Act.
"staff of the Inspector of the Independent Commission Against Corruption" means:

(a) any staff employed under section 57E (1) or (2) of the Independent Commission Against Corruption Act 1988 , and

(b) any consultants engaged under section 57E (3) of that Act.

"staff of the Inspector of the Police Integrity Commission" means:

(a) any staff employed under section 92 (1) or (2) of the Police Integrity Commission Act 1996 , and

(b) any consultants engaged under section 92 (3) of that Act.

"State record" has the same meaning as in the State Records Act 1998 .
"Tribunal" means the Administrative Decisions Tribunal established by the Administrative Decisions Tribunal Act 1997 .

(2) Notes included in this Act are explanatory notes and do not form part of this Act.