New South Wales Consolidated Regulations

PRIVACY CODE OF PRACTICE (GENERAL) 2003 - REG 17

17 Interpretation

(1) In this Part and in Schedule 3:
"ageing, disability or home care service agency" or "ADHC agency" means any of the following agencies:

(a) the Department of Ageing, Disability and Home Care,

(b) the Home Care Service of New South Wales constituted under the Home Care Service Act 1988 ,

(c) the Disability Council of New South Wales constituted under the Community Welfare Act 1987 .

"personal information custodian", of an individual, means any of the following:

(a) the individual’s guardian (within the meaning of the Guardianship Act 1987 ),

(b) the individual’s attorney (within the meaning of the Powers of Attorney Act 2003 ),

(c) the spouse of the individual, if the relationship between the individual and the spouse is close and continuing,

(d) a person who has the care of the individual (within the meaning of the Guardianship Act 1987 ),

(e) a close friend or relative of the individual (within the meaning of the Guardianship Act 1987 ).

"spouse" means:

(a) a husband or wife, or

(b) the other party to a de facto relationship within the meaning of the Property (Relationships) Act 1984 ,

but where more than one person would so qualify as a spouse, means only the last person so to qualify.

(2) If any personal information that relates to an individual has been collected by an ADHC agency for any purpose related to the provision of ageing, disability or home care services to the individual, that information is, for the purposes of Schedule 3, taken to have been collected also for the following purposes:

(a) to ensure the provision of appropriate services to an individual (whether by the ADHC agency or another body or person),

(b) to ascertain the appropriate priority or placement of the individual in a service,

(c) to prevent harm to the individual or others,

(d) to ensure compliance with the occupational health and safety laws by the agency.