108Exchange of information

108 Exchange of information

108 Exchange of information

(1) The Secretary may enter into an arrangement with a relevant agency for the purpose of sharing or exchanging information held by the Secretary or the agency.

(2) The information to which an arrangement may relate is limited to information that is reasonably necessary to—

(a) assist in the exercise of the functions of the Secretary, or

(b) assist in the exercise of a relevant function by the relevant agency.

(3) Under an arrangement, each party to the arrangement is authorised—

(a) to disclose information to another party to the arrangement, and

(b) to request and receive information held by another party to the arrangement.

(4) This section does not—

(a) require the Secretary to provide information to a relevant agency only in accordance with an arrangement under this section if that information can otherwise be lawfully provided, or

(b) limit the operation of any other Act or law under which a relevant agency is authorised or required to request and receive, or disclose, information to another person or body.

(5) The authority to request and receive, or to disclose, information under this section is subject to the Privacy and Personal Information Protection Act 1998 and the Health Records and Information Privacy Act 2002.

(6) In this section—

government sector agency means—

(a) a Public Service agency or other government sector agency within the meaning of the Government Sector Employment Act 2013, or

(b) a NSW Government agency, or

Note—

See the Interpretation Act 1987, section 13A.

(c) an entity constituted by or under an Act or exercising public functions, such as a State owned corporation, being an entity prescribed by the regulations for this definition.