NSWIn ForceAct
Ombudsman Act 1974
43Sharing of information by relevant agencies
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#### 43 Sharing of information by relevant agencies
43 Sharing of information by relevant agencies
> > (1) Two or more relevant agencies may enter into an arrangement for the sharing of information held by them (an information sharing arrangement).
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> > (2) Under an information sharing arrangement, any agency that is party to the arrangement may be authorised to do either or both of the following (but only to the extent that the activity concerned is reasonably necessary to assist the agency to carry out its functions)—
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> > > (a) to receive information obtained by any other such agency with respect to a complaint dealt with by that other agency,
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> > > (b) to be present during any investigation or hearing conducted by any other such agency with respect to a complaint.
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> > (3) An agency that, under an information sharing arrangement, is authorised to receive information obtained by some other agency may do so, and the agency by which the information was obtained may provide the information to the agency so authorised, despite any other Act or law.
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> > (4) An agency that, under an information sharing arrangement, is authorised to be present during an investigation or hearing conducted by some other agency may do so, despite any other Act or law.
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> > (5) For the purpose of enabling an agency so authorised to be present during such an investigation, the agency may exercise any power of entry exercisable by the other agency, and has all the immunities of the other agency with respect to the exercise of any such power, despite any other Act or law.
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> > (6) Despite any other provision of this section, an agency must not, except with the complainant’s express consent—
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> > > (a) disclose to any other agency any information obtained by it with respect to a complaint, or
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> > > (b) permit any other agency to be present during any investigation or hearing conducted by it with respect to a complaint,
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> > if the agency has (or should have) reason to suspect that the information is or includes sensitive personal information about the complainant.
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> > (7) This section does not limit the operation of any other Act under which an agency is authorised or required to disclose information to another agency.
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> **s 43:** Ins 2002 No 112, Sch 1.18 \[1\].