19Meaning of permitted general situation in relation to the

19 Meaning of permitted general situation in relation to the collection, use or disclosure of personal information— sch 1 (1) For schedule 1, a permitted general situation exists in relation to the collection, use or disclosure by a public sector agency of personal information about an individual if— (a) both of the following apply: (i) it is unreasonable or impracticable to obtain the individual’s consent to the collection, use or disclosure; (ii) the agency reasonably believes that the collection, use or disclosure is necessary to lessen or prevent a serious threat to the life, health or safety of an individual, or to public health or safety; or (b) both of the following apply: (i) the agency has reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to the agency’s functions or activities has been, is being or may be engaged in; (ii) the agency reasonably believes that the collection, use or disclosure is necessary in order for the agency to take appropriate action in relation to the matter; or

Territory privacy principles Part 3 Important concepts—Territory privacy principles Division 3.1 Section 19 R13 16/12/25 Information Privacy Act 2014 Effective: 16/12/25 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) both of the following apply: (i) the agency reasonably believes that the collection, use or disclosure is reasonably necessary to assist an entity to locate a person who has been reported as missing; Note Entity includes an unincorporated body and a person (including a person occupying a position) (see Legislation Act, dict, pt 1). (ii) the collection, use or disclosure complies with the rules made under subsection (2); or (d) the collection, use or disclosure is reasonably necessary for the establishment, exercise or defence of a legal or equitable claim; or (e) the collection, use or disclosure is reasonably necessary for the purposes of a confidential alternative dispute resolution process. (2) For subsection (1) (c) (ii), the information privacy commissioner may make rules relating to the collection, use or disclosure of personal information. Note See s 56 (Instruments made under this Act). (3) A rule is a notifiable instrument.

Part 3 Territory privacy principles Division 3.2 Compliance with TPPs Section 20 page 14 Information Privacy Act 2014 Effective: 16/12/25 R13 16/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 3.2 Compliance with TPPs