New South Wales Consolidated Regulations

PRIVACY CODE OF PRACTICE (GENERAL) 2003 - REG 10

10 Collection, use and disclosure of personal information by human services agencies

(1) In this clause:
"allied agency" means an agency (other than a public sector agency) that is wholly or partly funded by a human services agency and that is approved in writing by the head of that human services agency as an allied agency for the purposes of this clause.
"senior officer" means a senior member of staff of a human services agency who has been nominated in writing for the purposes of this clause by the head of that agency.
"substantial adverse impact" includes, but is not limited to, serious physical or mental harm, significant loss of benefits or other income, imprisonment, loss of housing or the loss of a carer.

(2) Despite the information protection principles, a human services agency may collect and use personal information about an individual, and may disclose personal information about the individual to another human services agency or an allied agency, if the collection, use or disclosure is in accordance with a written authorisation given by a senior officer of the agency.

(3) An authorisation under subclause (2) must specify:

(a) the period (maximum 12 months) for which the authorisation has effect, and

(b) the classes of personal information to which the authorisation is to apply ( "the specified information"), and

(c) the human services agencies or allied agencies (if any) to whom the specified information may be disclosed ( "the specified agencies").

(4) A senior officer may give an authorisation under subclause (2) only if the officer is satisfied that:

(a) the individual to whom the specified information relates is a person to whom services are provided or proposed to be provided by a human services agency or an allied agency, and

(b) the individual (or a person authorised by or under the Act or any other law to give consent on the individual’s behalf) has failed to consent to the agency collecting or using the specified information, or disclosing the specified information to the specified agencies, and

(c) there are reasonable grounds to believe that there is a risk of substantial adverse impact on the individual or some other person if collection or use of the specified information, or disclosure of the specified information to the specified agencies, does not occur, and

(d) the collection or use of the specified information, or disclosure of the specified information to the specified agencies, is likely to assist in developing or giving effect to a case management plan or service delivery plan that relates to the individual, and

(e) reasonable steps have been taken to ensure that the individual has been notified by the agency of each of the following:

(i) the specified information,

(ii) the specified agencies,

(iii) the period for which the authorisation is proposed to be sought to have effect.

Note: Notification under this paragraph would normally be in writing. However, other notification methods may be more appropriate in the case of certain clients. For example, if the client is illiterate.