INFORMATION PRIVACY ACT 2009 - SECT 34 Meaning of service arrangement

INFORMATION PRIVACY ACT 2009 - SECT 34

34 Meaning of service arrangement

(1) In this Act, a
"service arrangement" is a contract or other arrangement entered into after the commencement of this section under which an entity other than an agency (the
"contracted service provider" ) agrees or otherwise arranges with an agency (the
"contracting agency" ) to provide services.

(2) For subsection (1) —

(a) the services must be for the purposes of the performance of 1 or more of the contracting agency’s functions; and

(b) the services must be provided either—

(i) directly to the contracting agency; or

(ii) to another entity on the contracting agency’s behalf; and

(c) the contracted service provider must not be in the capacity of employee of the contracting agency in providing the services.