New South Wales Consolidated Regulations

PRIVACY AND PERSONAL INFORMATION PROTECTION REGULATION 2005 - REG 8

8 Aboriginal Trust Funds Repayment Scheme exemption

(1) In this clause:
"ATFRS agency" means the Department of Aboriginal Affairs, the State Records Authority or the Premier’s Department.
"ATFR Scheme" means the Aboriginal Trust Funds Repayment Scheme established by the NSW Government.

(2) An ATFRS agency is exempt from sections 8- 11 and 15- 19 of the Act in respect of the collection, holding, use and disclosure of personal information in connection with the implementation and operation of the ATFR Scheme if:

(a) before collecting, using or disclosing any personal information about a claimant or potential claimant under the ATFR Scheme, the ATFRS agency ensures that the claimant or potential claimant (or if the person is deceased, a relative of the person) is notified of the following:

(i) the fact that personal information may be collected, held, used and disclosed,

(ii) the purposes for which that information may be collected, held, used and disclosed,

(iii) the persons or agencies to which that information may be disclosed,

(iv) any rights of the person under the Act relating to that collection, holding, use or disclosure, and

(b) the ATFRS agency takes reasonable steps to ensure that personal information affected by the exemption is not unreasonably or unnecessarily disclosed.

(3) A public sector agency is exempt from sections 17- 19 of the Act in respect of a disclosure of personal information to an ATFRS agency in connection with the implementation and operation of the ATFR Scheme.