sec.33Disclosure of personal information outside Australia

### sec.33 Disclosure of personal information outside Australia An agency may disclose an individual’s personal information to an entity outside Australia only if— the individual agrees to the disclosure; or the disclosure is authorised or required under a law; or the agency is satisfied on reasonable grounds that the disclosure is necessary to lessen or prevent a serious threat to the life, health, safety or welfare of an individual, or to public health, safety or welfare; or 2 or more of the following apply— the agency reasonably believes that the recipient of the personal information is subject to a law, binding scheme or contract that effectively upholds principles for the fair handling of personal information that are substantially similar to the QPPs; the disclosure is necessary for the performance of the agency’s functions in relation to the individual; the disclosure is for the benefit of the individual but it is not practicable to seek the agreement of the individual, and if it were practicable to seek the agreement of the individual, the individual would be likely to give the agreement; the agency has taken reasonable steps to ensure that the personal information it discloses will not be held, used or disclosed by the recipient of the information in a way that is inconsistent with the QPPs. s 33 amd 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47 ); 2023 No. 32 s 28 - (a) the individual agrees to the disclosure; or - (b) the disclosure is authorised or required under a law; or - (c) the agency is satisfied on reasonable grounds that the disclosure is necessary to lessen or prevent a serious threat to the life, health, safety or welfare of an individual, or to public health, safety or welfare; or - (d) 2 or more of the following apply— (i) the agency reasonably believes that the recipient of the personal information is subject to a law, binding scheme or contract that effectively upholds principles for the fair handling of personal information that are substantially similar to the QPPs; (ii) the disclosure is necessary for the performance of the agency’s functions in relation to the individual; (iii) the disclosure is for the benefit of the individual but it is not practicable to seek the agreement of the individual, and if it were practicable to seek the agreement of the individual, the individual would be likely to give the agreement; (iv) the agency has taken reasonable steps to ensure that the personal information it discloses will not be held, used or disclosed by the recipient of the information in a way that is inconsistent with the QPPs. - (i) the agency reasonably believes that the recipient of the personal information is subject to a law, binding scheme or contract that effectively upholds principles for the fair handling of personal information that are substantially similar to the QPPs; - (ii) the disclosure is necessary for the performance of the agency’s functions in relation to the individual; - (iii) the disclosure is for the benefit of the individual but it is not practicable to seek the agreement of the individual, and if it were practicable to seek the agreement of the individual, the individual would be likely to give the agreement; - (iv) the agency has taken reasonable steps to ensure that the personal information it discloses will not be held, used or disclosed by the recipient of the information in a way that is inconsistent with the QPPs. - (i) the agency reasonably believes that the recipient of the personal information is subject to a law, binding scheme or contract that effectively upholds principles for the fair handling of personal information that are substantially similar to the QPPs; - (ii) the disclosure is necessary for the performance of the agency’s functions in relation to the individual; - (iii) the disclosure is for the benefit of the individual but it is not practicable to seek the agreement of the individual, and if it were practicable to seek the agreement of the individual, the individual would be likely to give the agreement; - (iv) the agency has taken reasonable steps to ensure that the personal information it discloses will not be held, used or disclosed by the recipient of the information in a way that is inconsistent with the QPPs.