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](/view/html/inforce/current/act-1998-133) and the [Health Records and Information Privacy Act 2002](/view/html/inforce/current/act-2002-071). > > > (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](/view/html/inforce/current/act-2013-040), or > > > > > (b) a NSW Government agency, or > > > > > > Note— > > > > > > See the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015), 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. > > > > relevant agency means— > > > > > (a) a local council, or > > > > > (b) an agency of this or any other Australian jurisdiction that exercises, under legislation, a relevant function, or > > > > > (c) an insurer that provides insurance required by this Act, or > > > > > (c1) a government sector agency, or > > > > > (d) any other person or body prescribed by the regulations. > > > > relevant function means a function in connection with— > > > > > (a) registration, an approval or an equivalent authorisation, or > > > > > (b) the regulation of certification work, building work or work authorised to be carried out under an equivalent authorisation, or > > > > > (c) insurance required by or under this Act or required by law with respect to building work or an equivalent authorisation, or > > > > > (d) any other function prescribed by the regulations. > > **s 108:** Am 2023 No 44, Sch 5.1\[1\] \[2\].