{"id":"nsw:sl-2003-0273","name":"Privacy Code of Practice (General) 2003","slug":"privacy-code-of-practice-general-2003","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"273 of 2003","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178830,"registerId":"nsw-nsw:sl-2003-0273-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Code","content":"#### 1 Name of Code\n\n1 Name of Code\n\n> This Code is the [Privacy Code of Practice (General) 2003](/view/html/inforce/current/sl-2003-0273).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Operation of Code","content":"#### 2 Operation of Code\n\n2 Operation of Code\n\n> This Code modifies the application of the information protection principles and public register provisions of the Act.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Limitations","content":"#### 3 Limitations\n\n3 Limitations\n\n> Nothing in this Code:\n> \n> > (a) (Repealed)\n> \n> > (b) affects a disclosure that is otherwise permitted by law (including, but not limited to, a disclosure made pursuant to the [State Records Act 1998](/view/html/inforce/current/act-1998-017) or the [Government Information (Public Access) Act 2009](/view/html/inforce/current/act-2009-052)), or\n> \n> > (c) prevents an agency from disclosing personal information with the consent of the individual to whom the information relates.\n> \n> **cl 3:** Am 2005 (328), Sch 1 \\[1\\]; 2009 No 54, Sch 2.35.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n4 Definitions\n\n> > (1) In this Code:\n> > \n> > agency means a public sector agency.\n> > \n> > information protection principles means the principles set out in Division 1 of Part 2 of the Act.\n> > \n> > public register provisions means the provisions of Part 6 of the Act.\n> > \n> > the Act means the [Privacy and Personal Information Protection Act 1998](/view/html/inforce/current/act-1998-133).\n> > \n> > Note—\n> > \n> > The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Code.\n> \n> > (2) Notes included in this Code do not form part of this Code.\n> \n> **cl 4:** Am 2005 No 98, Sch 2.47.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Inter-agency transfers of personal information","content":"# Part 2 Inter-agency transfers of personal information\n\nPart 2 Inter-agency transfers of personal information","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Application of Part","content":"#### 5 Application of Part\n\n5 Application of Part\n\n> This Part applies to the exchange of personal information between the agencies specified in Schedule 1.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Permitted transfers of personal information","content":"#### 6 Permitted transfers of personal information\n\n6 Permitted transfers of personal information\n\n> The information protection principles are modified to the extent necessary to permit the transfer between the agencies, of the personal information, and for the purposes, described in Schedule 1.","sortOrder":7},{"sectionNumber":"Part 3","sectionType":"part","heading":"Public registers","content":"# Part 3 Public registers\n\nPart 3 Public registers","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Application of Part","content":"#### 7 Application of Part\n\n7 Application of Part\n\n> This Part applies to the disclosure of personal information contained in public registers.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Modification of Part 6 of the Act","content":"#### 8 Modification of Part 6 of the Act\n\n8 Modification of Part 6 of the Act\n\n> > (1) Part 6 of the Act is modified to the extent necessary to permit a disclosure referred to in subclause (2).\n> \n> > (2) An agency specified in Column 2 of Schedule 2 that is responsible for keeping a public register (or that part of a register) described in Column 1 may, subject to any conditions set out in Column 1, disclose personal information kept in the register (or part of the register) without being satisfied that the information is to be used for a purpose relating to the purpose of the register or the Act under which the register is kept.","sortOrder":10},{"sectionNumber":"Part 4","sectionType":"part","heading":"Human services","content":"# Part 4 Human services\n\nPart 4 Human services\n\n**pt 4:** Ins 2005 (328), Sch 1 \\[2\\].","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Definition","content":"#### 9 Definition\n\n9 Definition\n\n> In this Part:\n> \n> human services agency means a public sector agency that provides any one or more of the following types of services to the public:\n> \n> > (a) welfare services,\n> \n> > (b) health services,\n> \n> > (c) mental health services,\n> \n> > (d) disability services,\n> \n> > (e) drug and alcohol treatment services,\n> \n> > (f) housing and support services,\n> \n> > (g) education services.\n> \n> **cll 9:** Ins 2005 (328), Sch 1 \\[2\\].","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Collection, use and disclosure of personal information by human services agencies","content":"#### 10 Collection, use and disclosure of personal information by human services agencies\n\n10 Collection, use and disclosure of personal information by human services agencies\n\n> > (1) In this clause:\n> > \n> > 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.\n> > \n> > 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.\n> > \n> > 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.\n> \n> > (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.\n> \n> > (3) An authorisation under subclause (2) must specify:\n> > \n> > > (a) the period (maximum 12 months) for which the authorisation has effect, and\n> > \n> > > (b) the classes of personal information to which the authorisation is to apply (the specified information), and\n> > \n> > > (c) the human services agencies or allied agencies (if any) to whom the specified information may be disclosed (the specified agencies).\n> \n> > (4) A senior officer may give an authorisation under subclause (2) only if the officer is satisfied that:\n> > \n> > > (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\n> > \n> > > (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\n> > \n> > > (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\n> > \n> > > (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\n> > \n> > > (e) reasonable steps have been taken to ensure that the individual has been notified by the agency of each of the following:\n> > > \n> > > > (i) the specified information,\n> > > \n> > > > (ii) the specified agencies,\n> > > \n> > > > (iii) the period for which the authorisation is proposed to be sought to have effect.\n> > > \n> > > Note—\n> > > \n> > > 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.\n> \n> **cll 10:** Ins 2005 (328), Sch 1 \\[2\\].","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Collection of personal information from and about third parties","content":"#### 11 Collection of personal information from and about third parties\n\n11 Collection of personal information from and about third parties\n\n> > (1) A human services agency is not required to comply with section 9 of the Act if it is unreasonable or impracticable in the circumstances to do so.\n> \n> > (2) A human services agency is not required to comply with section 9 or 10 of the Act if:\n> > \n> > > (a) the personal information collected is about an individual other than a relevant client of the agency, and\n> > \n> > > (b) the personal information is collected from any of the following:\n> > > \n> > > > (i) a relevant client,\n> > > \n> > > > (ii) a non-government organisation engaged by the agency to provide services for or to it,\n> > > \n> > > > (iii) another human services agency, and\n> > \n> > > (c) the personal information is reasonably relevant and reasonably necessary to enable the agency to provide services to a relevant client.\n> \n> > (3) In this clause:\n> > \n> > relevant client of a human services agency means an individual to whom the agency is providing welfare services, health services or mental health services.\n> \n> **cl 11:** Ins 2005 (328), Sch 1 \\[2\\]. Subst 2015 No 69, Sch 2.2 \\[1\\].","sortOrder":14},{"sectionNumber":"Part 5","sectionType":"part","heading":"Correctional services","content":"# Part 5 Correctional services\n\nPart 5 Correctional services\n\n**pt 5, hdg:** Ins 2006 (579), Sch 1. Subst 2010 (235), Sch 1 \\[1\\].\n\n**pt 5:** Ins 2006 (579), Sch 1.","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Definitions","content":"#### 12 Definitions\n\n12 Definitions\n\n> > (1) In this Part:\n> > \n> > correctional centre and correctional complex have the same meanings as in the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093).\n> > \n> > Department means the Department of Justice and Attorney General.\n> > \n> > NSW Police Force has the same meaning as in the [Police Act 1990](/view/html/inforce/current/act-1990-047).\n> > \n> > offender means a person who is one or more of the following:\n> > \n> > > (a) an offender within the meaning of section 3 (1) or 107 of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093),\n> > \n> > > (b) a person in custody within the meaning of section 249 of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093),\n> > \n> > > (c) a person who is the subject of a parole order within the meaning of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093),\n> > \n> > > (d) a person who is the subject of an intensive correction order, a community correction order, a conditional release order (with or without conviction), an intervention program order, a non-association order or a place restriction order within the meaning of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) that is in force,\n> > \n> > > (e) a person who has been granted bail and in respect of whom a court has sought a pre-sentence report from the Department.\n> > \n> > provide services and programs to an offender includes the preparation of a case plan for the offender and any assessment of the offender’s suitability for, or conduct in, a program.\n> > \n> > staff member means a member of staff of the Department and includes:\n> > \n> > > (a) a person working under contract, and\n> > \n> > > (b) an Official Visitor appointed under section 228 of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093), and\n> > \n> > > (c) a minister of religion or other spiritual advisor appointed to a correctional centre pursuant to a regulation made under section 79 (x1) of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093).\n> > \n> > transitional centre has the same meaning as in the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093).\n> > \n> > victim means a victim of crime within the meaning of section 5 of the [Victims Rights Act 1996](/view/html/repealed/current/act-1996-114).\n> \n> > (2) For the purposes of this Part, the following services or programs provided to an offender are taken to be provided by the Department:\n> > \n> > > (a) a service or program provided on behalf of the Department,\n> > \n> > > (b) a service or program provided because of a requirement placed on the offender by a court or any of the following bodies within the meaning of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093):\n> > > \n> > > > (i) the Parole Authority,\n> > > \n> > > > (ii) the Review Council,\n> > > \n> > > > (iii) the Probation and Parole Service.\n> \n> **cl 12:** Ins 2006 (579), Sch 1. Am 2007 No 27, Sch 4.24 \\[1\\]; 2010 (235), Sch 1 \\[2\\]; 2017 No 53, Sch 4.24.","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"Collection from a person other than the individual","content":"#### 13 Collection from a person other than the individual\n\n13 Collection from a person other than the individual\n\n> The Department is not required to comply with section 9 of the Act in relation to personal information collected by the Department in any of the following circumstances:\n> \n> > (a) the information is collected from the NSW Police Force or the Australian Crime Commission and is about:\n> > \n> > > (i) a criminal charge or criminal conviction against a staff member (including the making of an apprehended violence order against the staff member) that may affect the staff member’s suitability for employment, or\n> > \n> > > (ii) an application for, or the making of, an apprehended violence order against an offender,\n> \n> > (b) the information is about an offender and collection from a person other than the offender is reasonably necessary to enable the Department:\n> > \n> > > (i) to protect the safety, welfare or well-being of the offender, or\n> > \n> > > (ii) to supervise the offender effectively, or\n> > \n> > > (iii) to provide services and programs to the offender effectively,\n> \n> > (c) the collection is reasonably necessary to enable the Department:\n> > \n> > > (i) to maintain the security or good order of a correctional complex, correctional centre or transitional centre, or\n> > \n> > > (ii) to verify information about an individual supplied to it by the individual, or\n> > \n> > > (iii) to organise a conference or mediation between an offender and a victim of that offender, or\n> > \n> > > (iv) to compile statistical data, but only if it is impractical to collect the information directly from the individual to whom it relates and the information is not information of a kind referred to in section 19 (1) of the Act, or\n> > \n> > > (v) to investigate an allegation of misconduct against a staff member.\n> \n> **cl 13:** Ins 2006 (579), Sch 1. Am 2007 No 27, Sch 4.24 \\[2\\]; 2016 No 55, Sch 2.10.","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Collection and use of personal information and information about personal information held by the Department","content":"#### 14 Collection and use of personal information and information about personal information held by the Department\n\n14 Collection and use of personal information and information about personal information held by the Department\n\n> > (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:\n> > \n> > > (a) to protect the safety, welfare or well-being of a person,\n> > \n> > > (b) to supervise an offender effectively,\n> > \n> > > (c) to provide services and programs to an offender effectively,\n> > \n> > > (d) to maintain the security or good order of a correctional complex, correctional centre or transitional centre,\n> > \n> > > (e) to exercise properly the Department’s complaint handling or investigative functions,\n> > \n> > > (f) to carry out disciplinary or other proceedings before a court or tribunal,\n> > \n> > > (g) to prepare a comprehensive report to a court, tribunal or other relevant statutory body.\n> \n> > (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:\n> > \n> > > (a) intelligence information provided by an investigative agency or law enforcement agency, or\n> > \n> > > (b) the identity of an informant or a victim, or\n> > \n> > > (c) the existence of a surveillance operation.\n> \n> > (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.\n> \n> **cll 14:** Ins 2006 (579), Sch 1.","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Alteration of personal information","content":"#### 15 Alteration of personal information\n\n15 Alteration of personal information\n\n> The Department is not required to comply with section 15 of the Act in relation to personal information if:\n> \n> > (a) the information has been obtained in the course of an investigation, and\n> \n> > (b) the person who is the subject of the information seeks to have the information amended during the investigation, and\n> \n> > (c) amending the information at that time will detrimentally affect (or prevent the proper exercise of) the Department’s complaint handling functions or any of its investigative functions, and\n> \n> > (d) the information will be amended as soon as practicable after the conclusion of the investigation.\n> \n> **cll 15:** Ins 2006 (579), Sch 1.","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Disclosure of personal information","content":"#### 16 Disclosure of personal information\n\n16 Disclosure of personal information\n\n> The Department is not required to comply with section 18 or 19 (1) of the Act if non-compliance is reasonably necessary to enable the Department to do one or more of the following:\n> \n> > (a) to protect the safety, welfare or well-being of a person,\n> \n> > (b) to provide services and programs to an offender effectively,\n> \n> > (c) to permit one or more of the following to exercise its functions properly in relation to an offender:\n> > \n> > > (i) the Department of Family and Community Services,\n> > \n> > > (ii) the Ministry of Health,\n> > \n> > > (iii) the Justice Health and Forensic Mental Health Network,\n> > \n> > Note—\n> > \n> > This does not permit the Department to disclose health information as health information is regulated by the [Health Records and Information Privacy Act 2002](/view/html/inforce/current/act-2002-071).\n> \n> > (d) to disclose personal information to a person for the purposes of an investigation, but only if the disclosure is made to a person:\n> > \n> > > (i) to verify the information, or\n> > \n> > > (ii) to obtain professional or technical advice about the information.\n> \n> **cl 16:** Ins 2006 (579), Sch 1. Am 2010 (235), Sch 1 \\[3\\]; 2015 No 69, Sch 2.2 \\[2\\].","sortOrder":20},{"sectionNumber":"Part 6","sectionType":"part","heading":"Community care","content":"# Part 6 Community care\n\nPart 6 Community care\n\n**pt 6, hdg:** Ins 2006 (580), Sch 1 \\[1\\]. Subst 2015 No 69, Sch 2.2 \\[3\\].\n\n**pt 6:** Ins 2006 (580), Sch 1 \\[1\\].","sortOrder":21},{"sectionNumber":"17","sectionType":"section","heading":"Interpretation","content":"#### 17 Interpretation\n\n17 Interpretation\n\n> > (1) In this Part and in Schedule 3:\n> > \n> > authorised employee of a community care agency means:\n> > \n> > > (a) if the agency is a Government Department (or part of a Government Department)—an employee of the Department appointed by the Secretary of the Department, or\n> > \n> > > (b) if the agency is the Civil and Administrative Tribunal—a member of staff of the Tribunal appointed by the President of the Tribunal.\n> > \n> > community care agency means any of the following:\n> > \n> > > (a) the Department of Family and Community Services (including any office or branch of the Department or any Public Service executive agency that is related to the Department for the purposes of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040)),\n> > \n> > > (b) Juvenile Justice in the Department of Justice,\n> > \n> > > (c) the Civil and Administrative Tribunal.\n> > \n> > personal information custodian, of an individual, means any of the following:\n> > \n> > > (a) the individual’s guardian (within the meaning of the [Guardianship Act 1987](/view/html/inforce/current/act-1987-257)),\n> > \n> > > (b) the individual’s attorney (within the meaning of the [Powers of Attorney Act 2003](/view/html/inforce/current/act-2003-053)),\n> > \n> > > (c) the spouse of the individual, if the relationship between the individual and the spouse is close and continuing,\n> > \n> > > (d) a person who has the care of the individual (within the meaning of the [Guardianship Act 1987](/view/html/inforce/current/act-1987-257)),\n> > \n> > > (e) a close friend or relative of the individual (within the meaning of the [Guardianship Act 1987](/view/html/inforce/current/act-1987-257)).\n> > \n> > spouse means:\n> > \n> > > (a) the person to whom a person is legally married (including the husband or wife of a person), or\n> > \n> > > (b) a de facto partner,\n> > \n> > but where more than one person would so qualify as a spouse, means only the last person so to qualify.\n> > \n> > Note—\n> > \n> > “De facto partner” is defined in section 21C of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015).\n> \n> > (2) If any personal information that relates to an individual has been collected by a community care agency for any purpose related to the provision of services to the individual, that information is, for the purposes of Schedule 3, taken to have been collected also for the following purposes:\n> > \n> > > (a) to ensure the provision of appropriate services to an individual (whether by the community care agency or another body or person),\n> > \n> > > (b) to ascertain the appropriate priority or placement of the individual in a service,\n> > \n> > > (c) to prevent harm to the individual or others,\n> > \n> > > (d) to ensure compliance with the occupational health and safety laws by the agency.\n> \n> **cl 17:** Ins 2006 (580), Sch 1 \\[1\\]. Am 2010 No 19, Sch 3.80 \\[1\\] \\[2\\]; 2010 (235), Sch 1 \\[4\\]; 2015 No 69, Sch 2.2 \\[4\\] \\[5\\]; 2016 No 27, Sch 5.7; 2018 No 28, Sch 1.30.","sortOrder":22},{"sectionNumber":"18","sectionType":"section","heading":"Modification of certain information protection principles","content":"#### 18 Modification of certain information protection principles\n\n18 Modification of certain information protection principles\n\n> The information protection principles are modified in their application to community care agencies as set out in Schedule 3.\n> \n> **cl 18:** Ins 2006 (580), Sch 1 \\[1\\]. Am 2015 No 69, Sch 2.2 \\[6\\].","sortOrder":23},{"sectionNumber":"Part 7","sectionType":"part","heading":"Registry of Births, Deaths and Marriages","content":"# Part 7 Registry of Births, Deaths and Marriages\n\nPart 7 Registry of Births, Deaths and Marriages\n\n**pt 7:** Ins 2009 (638), Sch 1. Subst 2017 (696), Sch 1.","sortOrder":24},{"sectionNumber":"19","sectionType":"section","heading":"Collection, use and disclosure for document validation services","content":"#### 19 Collection, use and disclosure for document validation services\n\n19 Collection, use and disclosure for document validation services\n\n> > (1) Despite the information protection principles, the Registry of Births, Deaths and Marriages may collect, use or disclose personal information for the verification (by way of a validation service) of personal information contained in a proof of identity document issued by the Registrar of Births, Deaths and Marriages if:\n> > \n> > > (a) the document has been presented to a government or non-government agency or organisation authorised to use the validation service, and\n> > \n> > > (b) the collection, use or disclosure is in accordance with any applicable operating protocols of the validation service.\n> \n> > (2) In this clause:\n> > \n> > validation service means:\n> > \n> > > (a) the CertValid certificate validation service operated by the Registry of Births, Deaths and Marriages, or\n> > \n> > > (b) the National Document Verification Service managed by the Commonwealth Attorney-General’s Department.\n> \n> **cl 19:** Ins 2009 (638), Sch 1. Subst 2017 (696), Sch 1.","sortOrder":25},{"sectionNumber":"20","sectionType":"section","heading":null,"content":"#### 20\n\n20, 21 (Repealed)","sortOrder":26},{"sectionNumber":"Part 8","sectionType":"part","heading":"Domestic Violence Intervention Court Model","content":"# Part 8 Domestic Violence Intervention Court Model\n\nPart 8 Domestic Violence Intervention Court Model\n\n**pt 8 (cll 22–26):** Ins 2010 (235), Sch 1 \\[5\\].","sortOrder":28},{"sectionNumber":"22","sectionType":"section","heading":"Definitions","content":"#### 22 Definitions\n\n22 Definitions\n\n> In this Part:\n> \n> domestic relationship has the same meaning as in the [Crimes (Domestic and Personal Violence) Act 2007](/view/html/inforce/current/act-2007-080).\n> \n> domestic violence offence has the same meaning as in the [Crimes (Domestic and Personal Violence) Act 2007](/view/html/inforce/current/act-2007-080).\n> \n> person who has been charged with an offence has the same meaning as it has in the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103).\n> \n> scheme—see clause 23.\n> \n> victim of domestic violence means a person who has been, or who is alleged to have been, the victim of a domestic violence offence.\n> \n> **pt 8 (cll 22–26):** Ins 2010 (235), Sch 1 \\[5\\].","sortOrder":29},{"sectionNumber":"23","sectionType":"section","heading":"The scheme","content":"#### 23 The scheme\n\n23 The scheme\n\n> > (1) In this Part:\n> > \n> > scheme means the scheme known as the Domestic Violence Intervention Court Model.\n> \n> > (2) The objects of the scheme are as follows:\n> > \n> > > (a) to ensure the safety of victims of domestic violence and persons in domestic relationships with those victims,\n> > \n> > > (b) to ensure that persons who have been charged with domestic violence offences are dealt with appropriately,\n> > \n> > > (c) to prevent persons who commit domestic violence offences from re-offending,\n> > \n> > > (d) to improve the coordination of services to victims of domestic violence and persons in domestic relationships with those victims,\n> > \n> > > (e) to ensure domestic violence matters are effectively managed throughout the criminal justice process.\n> \n> **pt 8 (cll 22–26):** Ins 2010 (235), Sch 1 \\[5\\].","sortOrder":30},{"sectionNumber":"24","sectionType":"section","heading":"Persons to whom Part applies","content":"#### 24 Persons to whom Part applies\n\n24 Persons to whom Part applies\n\n> This Part applies to the following persons:\n> \n> > (a) a person who has been charged with a domestic violence offence by a police officer in the Campbelltown, Macquarie Fields or Wagga Wagga Local Area Command within the NSW Police Force,\n> \n> > (b) a person against whom proceedings for a domestic violence offence have been commenced in (or moved or adjourned to) the Local Court at Campbelltown, Junee, Temora or Wagga Wagga,\n> \n> > (c) a victim of domestic violence in respect of an offence referred to in paragraph (a) or (b),\n> \n> > (d) a person in a domestic relationship with a victim referred to in paragraph (c).\n> \n> **pt 8 (cll 22–26):** Ins 2010 (235), Sch 1 \\[5\\].","sortOrder":31},{"sectionNumber":"25","sectionType":"section","heading":"Non-compliance with certain information protection principles","content":"#### 25 Non-compliance with certain information protection principles\n\n25 Non-compliance with certain information protection principles\n\n> A public sector agency that participates in the scheme is not required to comply with section 8 (1), 9, 10, 11, 13, 15, 17, 18 or 19 (1) of the [Privacy and Personal Information Protection Act 1998](/view/html/inforce/current/act-1998-133) in respect of the collection, use or disclosure of, or any dealings with, personal information about a person to which this Part applies, if that collection, use, disclosure or dealing is:\n> \n> > (a) for the purposes of the scheme, and\n> \n> > (b) done in accordance with the privacy procedures for the scheme that are approved by the Minister from time to time.\n> \n> **pt 8 (cll 22–26):** Ins 2010 (235), Sch 1 \\[5\\].","sortOrder":32},{"sectionNumber":"26","sectionType":"section","heading":"Access to personal information by victims","content":"#### 26 Access to personal information by victims\n\n26 Access to personal information by victims\n\n> A public sector agency that participates in the scheme is not required to comply with section 14 of the [Privacy and Personal Information Protection Act 1998](/view/html/inforce/current/act-1998-133) in respect of personal information about a person to which this Part applies that is held for the purposes of the scheme, unless the person is a victim of domestic violence.\n> \n> **pt 8 (cll 22–26):** Ins 2010 (235), Sch 1 \\[5\\].","sortOrder":33},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Permitted transfers of personal information","content":"# Schedule 1 Permitted transfers of personal information\n\nSchedule 1 Permitted transfers of personal information\n\n(Clause 6)\n\n**sch 1:** Am 2010 (235), Sch 1 \\[6\\].","sortOrder":34},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Modification of Part 6 of the Act","content":"# Schedule 2 Modification of Part 6 of the Act\n\nSchedule 2 Modification of Part 6 of the Act\n\n(Clause 8)\n\n|  | Column 1 | Column 2 |\n|  | Public register | Agency responsible for keeping the register |\n| 1 | The record maintained under section 58 of the Contaminated Land Management Act 1997, however, this exception does not extend to the name of an individual who is the occupier, owner or polluter of a contaminated site or the address of such an individual if the individual does not reside at a contaminated site. | Environment Protection Authority |\n| 2 | The registers listed in regulation 15.1 of the Road Transport Reform (Dangerous Goods) Regulations 1997 of the Commonwealth that apply in New South Wales as the Road Transport Reform (Dangerous Goods) (New South Wales) Regulations under the Road and Rail Transport (Dangerous Goods) Act 1997, however, this exception does not extend to information relating to the medical condition or the driving history of an individual. | Environment Protection Authority |\n| 3 | The Credit Register for the tradeable emission scheme known as the Hunter River Salinity Trading Scheme, made publicly available by the EPA through the Internet, comprising the name and contact details of a member of the Scheme or an employee or agent of that member and the member’s business facilities, credit holdings and trading history. | Environment Protection Authority |\n| 4 | The information made publicly available by the EPA through the Internet concerning the Waste Reduction Grants Program paid from the Waste Fund set up under section 19 of the Waste Avoidance and Resource Recovery Act 2001 comprising the name and contact details of the person awarded the grant, or an employee or agent of that person, the amount of the grant, the grant number and the details of the project for which the grant was given. | Environment Protection Authority |\n| 5 | The information made publicly available by the EPA through the Internet concerning grants made under the Stormwater Trust Grants Scheme administered by the EPA comprising the name and contact details of the person offered the grant, or an employee or agent of that person, the amount of the grant, the grant number and the details of the project for which the grant was offered. | Environment Protection Authority |\n| 6 | The public register kept under Part 9.5 of the Protection of the Environment Operations Act 1997. | Environment Protection Authority |\n| 7–18 | (Repealed) |  |\n\n**sch 2:** Am 26.3.2004; 2005 (754), Sch 1; 2006 No 59, Sch 7.15; 2009 No 61, Sch 4.9; 2010 No 34, Sch 2.39.","sortOrder":37},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Modification of information protection principles applying to community care agencies","content":"# Schedule 3 Modification of information protection principles applying to community care agencies\n\nSchedule 3 Modification of information protection principles applying to community care agencies\n\n(Clause 18)\n\n**sch 3, hdg:** Ins 2006 (580), Sch 1 \\[2\\]. Subst 2015 No 69, Sch 2.2 \\[7\\].\n\n**sch 3:** Ins 2006 (580), Sch 1 \\[2\\]. Am 2010 (235), Sch 1 \\[7\\]; 2012 No 7, Sch 2.4; 2015 No 69, Sch 2.2 \\[8\\]–\\[12\\].","sortOrder":38}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original scope. It began as a relatively simple code for inter-agency transfers and public registers (Parts 1-3, Schedules 1-2). Through amendments in 2005, 2006, 2009, 2010, and 2015, it has expanded to cover: human services (Part 4), correctional services (Part 5), community care for people lacking capacity (Part 6), birth/death/marriage verification (Part 7), and domestic violence intervention courts (Part 8). Each addition brings distinct policy frameworks and operational rules, transforming what was a narrow administrative code into a comprehensive patchwork of privacy exemptions across multiple sensitive policy areas."},"complexity_factors":["Multiple distinct parts (8 Parts plus 3 Schedules) each with different policy objectives and operational rules","Heavy cross-referencing to the Privacy and Personal Information Protection Act 1998 (sections 8-19) and other legislation (Guardianship Act, Crimes legislation, etc.)","Nested conditional logic in Part 4 (human services) requiring 5 cumulative conditions for authorisation plus defined terms like 'substantial adverse impact'","Complex defined terms including 'personal information custodian' with 5 categories of people who can act for individuals lacking capacity","Multiple overlapping exemptions for correctional services (Part 5) with different triggers for different privacy principles","Schedule 3 contains 9 separate modifications to specific sections of the Act, each with their own conditions and exceptions","Temporal limitations (e.g., 12-month authorisations in clause 10) and capacity-based distinctions throughout","Geographic and jurisdictional limitations in Part 8 (specific Local Area Commands and Local Courts only)"],"plain_english_summary":"This legislation is a **code of practice** (a set of rules that modify how a law works) under New South Wales privacy law. It creates **exceptions to the usual privacy rules** that apply to NSW government agencies, allowing them to collect, use, and share personal information in specific circumstances where the normal restrictions would be impractical or harmful.\n\n**What it does:**\n\n*   **Modifies the main Privacy Act:** The *Privacy and Personal Information Protection Act 1998* sets out rules (called \"information protection principles\") that agencies must follow when handling personal information. This Code creates carve-outs and modifications to those rules.\n\n*   **Allows information sharing between specific agencies:** Schedule 1 permits certain agencies to share personal information—for example, letting the Sheriff verify vehicle ownership details with the Roads and Traffic Authority.\n\n*   **Relaxes rules for public registers:** Schedule 2 allows certain agencies (mainly the Environment Protection Authority) to disclose personal information from public registers without having to check that the person receiving it will use it for the register's intended purpose.\n\n*   **Creates special rules for human services:** Part 4 lets human services agencies (health, welfare, housing, etc.) share information without consent in urgent situations where there's a risk of \"substantial adverse impact\" (serious harm, loss of benefits, imprisonment, etc.) and the person has refused consent. Senior officers can authorise this for up to 12 months.\n\n*   **Exempts correctional services from many privacy rules:** Part 5 gives the Department of Justice broad exemptions from privacy principles when dealing with offenders, staff, and victims—allowing collection from third parties, use of information without the usual limits, and disclosure for safety, security, and service delivery.\n\n*   **Helps community care agencies assist vulnerable people:** Part 6 and Schedule 3 create special rules for agencies helping people who lack capacity (due to disability, age, etc.). These agencies can collect information from family members or carers, and allow \"personal information custodians\" (guardians, attorneys, spouses, carers) to access and correct records on behalf of the individual.\n\n*   **Permits identity verification services:** Part 7 lets the Registry of Births, Deaths and Marriages share information for document validation services (like CertValid or the National Document Verification Service).\n\n*   **Supports domestic violence intervention:** Part 8 creates a scheme for specific courts (Campbelltown, Wagga Wagga, etc.) where participating agencies are exempt from most privacy rules when handling domestic violence cases, provided they follow approved privacy procedures.\n\n**Who it affects:**\n\n*   NSW public sector agencies (government departments, courts, etc.)\n*   People interacting with these agencies—particularly vulnerable people (those with disabilities, offenders, domestic violence victims, people in crisis)\n*   \"Allied agencies\" (non-government organisations funded by human services agencies)\n\n**Why it matters:**\n\nThis Code recognises that strict privacy rules can sometimes prevent government agencies from helping people effectively or protecting public safety. It tries to balance privacy protection with practical needs—like stopping domestic violence, managing offenders, or delivering urgent services to people who can't consent due to incapacity. However, it also gives significant discretion to agencies to bypass normal privacy safeguards, particularly in correctional and community care settings."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Code expressly modifies the default scope of the Privacy Act by permitting specified departures from the information protection principles and public register rules (cl 2). It authorises particular inter‑agency data exchanges (cl 6; Sch 1), allows register disclosures otherwise constrained by Part 6 (cl 8; Sch 2), and creates bespoke exceptions and procedural rules for human services (cl 10–11), correctional services (cl 13–16), community care (cl 17–18; Sch 3) and other schemes (cl 19; cl 22–26). These changes shift decision authority to agency heads, senior officers or authorised employees in defined circumstances."},"complexity_factors":["Multiple sector‑specific carve‑outs across Parts (human services cl 9–11; correctional services cl 12–16; community care cl 17–18 & Sch 3; registry cl 19; domestic violence cl 22–26) increasing breadth and contextual nuance.","Frequent modification of the core information protection principles and public register provisions rather than standalone rules (cl 2; cl 6; cl 8), requiring cross‑reading of the Act and this Code.","Numerous discretionary decision points: written authorisations by senior officers (cl 10(2)), head approvals for allied agencies and authorised employees (cl 10; Sch 3(1)), and employees authorised to act when no custodian exists (Sch 3 cl 6(2)).","Prescriptive procedural conditions and limits that must be checked (eg authorisation period capped at 12 months cl 10(3)(a); notification requirements cl 10(4)(e); recordkeeping and accessibility obligations Sch 3 cll 2,6,7).","Cross‑references to multiple other statutes and specialised regulatory registers (eg Health Records Act, Crimes Acts, various environmental and transport regulations), complicating legal alignment (see definitions and notes throughout).","Different thresholds for non‑compliance and exceptions (eg ‘reasonably necessary’, ‘substantial adverse impact’, ‘best interests’ tests at cl 10, cl 14, Sch 3 cl 6) which are fact‑sensitive and open to interpretation.","Schedules that list participating agencies, permitted transfers and specific public registers (Sch 1–3) mean scope is partly governed outside the main body and may change by amending schedules."],"plain_english_summary":"This Code changes how the Privacy and Personal Information Protection Act applies for certain public‑sector activities by creating sector‑specific exceptions and permissions. It permits specified inter‑agency transfers, public‑register disclosures, and tailored rules for human services, correctional services, community care, registry validation services and a domestic‑violence court scheme. It matters because agency heads or nominated officers can authorise collection, use or disclosure in defined circumstances (eg cl 10), so decision‑makers, not individuals, often determine when privacy rules yield to operational needs."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Given the instrument has been amended more than 20 times over 15 years, it is highly likely that the scope has evolved from the original 2003 version — typically reflecting machinery-of-government changes (agencies being created, merged, or abolished), expansion or contraction of exemptions, and alignment with updated privacy standards. However, the actual content of the amendments was not available for specific analysis."},"complexity_factors":["Operates as a subordinate instrument under the Privacy and Personal Information Protection Act 1998, requiring knowledge of the parent Act to fully understand its effect","Over 20 amendments since 2003 mean the current rules may differ significantly from the original, and historical compliance questions require checking the correct version","The actual substantive rules were not included in the provided text, making complete analysis impossible","Interaction between this code and the general Information Protection Principles in the parent Act can create layered obligations that are not immediately obvious","Applies across a wide range of NSW government agencies with varying functions, meaning practical impact differs significantly depending on context"],"plain_english_summary":"This NSW government code of practice sets binding rules for how public sector agencies collect, store, use, and disclose personal information under the Privacy and Personal Information Protection Act 1998. It governs interactions between members of the public and NSW government bodies, shaping everyday privacy protections for names, contact, health and financial details.\n\nNote: the specific substantive rules of the code weren’t provided here—this summary describes the instrument’s purpose and scope, not its detailed provisions."}},"importantCases":[],"_links":{"self":"/api/acts/privacy-code-of-practice-general-2003","history":"/api/acts/privacy-code-of-practice-general-2003/history","analysis":"/api/acts/privacy-code-of-practice-general-2003/analysis","conflicts":"/api/acts/privacy-code-of-practice-general-2003/conflicts","importantCases":"/api/acts/privacy-code-of-practice-general-2003/important-cases","documents":"/api/acts/privacy-code-of-practice-general-2003/documents"}}