New South Wales Consolidated Regulations

PRIVACY CODE OF PRACTICE (GENERAL) 2003 - REG 14

14 Collection and use of personal information and information about personal information held by the Department

(1) The Department is not required to comply with section 10, 11 (b), 13 or 17 of the Act if non-compliance is reasonably necessary to enable the Department to do one or more of the following:

(a) to protect the safety, welfare or well-being of a person,

(b) to supervise an offender effectively,

(c) to provide services and programs to an offender effectively,

(d) to maintain the security or good order of a correctional complex, correctional centre or transitional centre,

(e) to exercise properly the Department’s complaint handling or investigative functions,

(f) to carry out disciplinary or other proceedings before a court or tribunal,

(g) to prepare a comprehensive report to a court, tribunal or other relevant statutory body.

(2) The Department is not required to comply with section 10, 13 or 17 of the Act if non-compliance is reasonably necessary to enable the Department to prevent the disclosure of:

(a) intelligence information provided by an investigative agency or law enforcement agency, or

(b) the identity of an informant or a victim, or

(c) the existence of a surveillance operation.

(3) The Department is not required to comply with section 17 of the Act if non-compliance is reasonably necessary to enable the Department to organise a conference or mediation between an offender and a victim of that offender.