PRIVACY AND PERSONAL INFORMATION PROTECTION ACT 1998 - SCHEDULE 4

PRIVACY AND PERSONAL INFORMATION PROTECTION ACT 1998 - SCHEDULE 4

SCHEDULE 4 – Savings, transitional and other provisions

(Section 74)

1 Savings and transitional regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts--

this Act

Health Records and Information Privacy Act 2002 , but only to the extent that it amends this Act

Privacy and Personal Information Protection Amendment (Prisoners) Act 2002

Privacy and Government Information Legislation Amendment Act 2010

any other Act that amends this Act

(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.

(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as--

(a) to affect in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of any thing done or omitted to be done before the date of its publication.

2 Abolition of Privacy Committee

(1) The Privacy Committee is abolished.

(2) A person who, immediately before the repeal of the Privacy Committee Act 1975 , held office as a member of the Privacy Committee, ceases to hold office on that repeal but is eligible (if otherwise qualified) to be appointed as a member of the Privacy Advisory Committee under this Act.

(3) A person who ceases to hold office because of subclause (1) is not entitled to any remuneration or compensation because of the loss of that office.

3 Existing complaints

A complaint received by the Privacy Committee, but not concluded immediately before the repeal of the Privacy Committee Act 1975 , is to be dealt with by the Privacy Commissioner as if that Act had not been repealed by this Act.

4 Existing reports

A publication to which there was a defence of absolute privilege under section 17B of the Defamation Act 1974 , immediately before the amendment to that section by Schedule 3 to this Act, continues to be subject to that defence.

5 Annual report

The Privacy Commissioner is, in the Privacy Commissioner's first annual report, to report on the activities of the Privacy Committee in the period from the date of the last annual report of the Committee to the date of abolition of the Committee.

6 Provisions consequential on enactment of Health Records and Information Privacy Act 2002

(1) In this clause--


"health information" has the same meaning as in the HRIP Act.


"HRIP Act" means the Health Records and Information Privacy Act 2002 .

(2) A request made under this Act before the commencement of section 4A for access to, or alteration of, health information is to continue to be dealt with by the public sector agency under this Act as if the amendments to this Act by the HRIP Act had not been made.

(3) A complaint concerning health information made to the Privacy Commissioner under Division 3 of Part 4 before the commencement of section 4A and pending immediately before that commencement is to continue to be dealt with under this Act as if the amendments to this Act by the HRIP Act had not been made. This Act (as in force immediately before the commencement of those amendments) continues to apply for that purpose.

(4) An application concerning health information made under section 53 (Internal review by public sector agencies) or section 55 (Review of conduct by Tribunal) before the commencement of section 4A and pending immediately before that commencement is to continue to be dealt with by the public sector agency or the Administrative Decisions Tribunal under this Act as if the amendments to this Act by the HRIP Act had not been made. This Act (as in force immediately before the commencement of those amendments) continues to apply for that purpose.

(5) For the purpose of allowing a complaint or application to be made in respect of conduct concerning health information that was engaged in before the commencement of section 4A, but in respect of which a complaint or application was not pending immediately before that commencement, this Act (as in force immediately before the commencement of the amendments made by the HRIP Act) continues to apply to conduct engaged in before the commencement of section 4A.

7 Provisions consequent on enactment of Privacy and Government Information Legislation Amendment Act 2010

(1) The group of staff employed in the Department of Justice and Attorney General as staff of the Privacy Commissioner or otherwise to enable the Privacy Commissioner to exercise the Privacy Commissioner's functions are removed from that Department and added to the Information and Privacy Commission.

(2) The Privacy Advisory Committee established under this Act before the substitution of Part 7 by the Privacy and Government Information Legislation Amendment Act 2010 is abolished.

(3) An appointment of a person as Privacy Commissioner or acting Privacy Commissioner in force immediately before the commencement of Division 1 of Part 4 (as substituted by the Privacy and Government Information Legislation Amendment Act 2010 ) is taken to have been made under that Division as so substituted.

(4) A delegation in force under section 44 immediately before the repeal of that section is taken to have been made under section 35H.

8 Provisions consequent on enactment of Privacy and Personal Information Protection Amendment (Exemptions Consolidation) Act 2015

(1) The following directions made by the Privacy Commissioner under section 41 are revoked--

(a) Direction on Disclosures of Information by Public Sector Agencies for Research Purposes as renewed by the Privacy Commissioner on 19 June 2015 for the period 1 July 2015 to 31 December 2015,

(b) Direction relating to the Disclosure of Information to Credit Reporting Agencies as renewed by the Privacy Commissioner on 19 June 2015 for the period 1 July 2015 to 31 December 2015,

(c) Direction on Information Transfers between Public Sector Agencies as renewed by the Privacy Commissioner on 19 June 2015 for the period 1 July 2015 to 31 December 2015,

(d) Direction on Processing of Personal Information by Public Sector Agencies in relation to their Investigative Functions as renewed by the Privacy Commissioner on 19 June 2015 for the period 1 July 2015 to 31 December 2015,

(e) Direction on Disclosures of Information by the New South Wales Public Sector to the National Coronial Information System (NCIS) as renewed by the Privacy Commissioner on 19 June 2015 for the period 1 July 2015 to 31 December 2015,

(f) Direction on the Collection of Personal Information about Third Parties by New South Wales Public Sector (Human Services) Agencies from their Clients as renewed by the Privacy Commissioner on 19 June 2015 for the period 1 July 2015 to 31 December 2015,

(g) Direction for the Department of Families and Community Services and Associated Agencies as renewed by the Privacy Commissioner on 19 June 2015 for the period 1 July 2015 to 31 December 2015,

(h) Direction on the Disclosure of Information to Victims of Crime as renewed by the Privacy Commissioner on 19 June 2015 for the period 1 July 2015 to 31 December 2015.

(2) Subclause (1) extends to any direction made before the commencement of this clause that renews a direction referred to in that subclause.