NSWIn ForceAct
Privacy and Personal Information Protection Act 1998
59GAssessors
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#### 59G Assessors
59G Assessors
> > (1) The head of a public sector agency may direct one or more persons to carry out the assessment (each an assessor).
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> > (2) An assessor may be—
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> > > (a) an officer or employee of the agency the subject of the data breach, or
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> > > (b) an officer or employee of another public sector agency acting on behalf of the public sector agency the subject of the data breach, or
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> > > (c) a person acting on behalf of the public sector agency the subject of the data breach, or a person employed by that person.
> > >
> > > Example for paragraph (c)—
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> > > An individual employed by a third party to carry out the assessment for the public sector agency the subject of the data breach.
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> > (3) However, a person who the head of the agency reasonably suspects was involved in an action or omission that led to the breach is not permitted to be an assessor.
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> > (4) An assessor must take all reasonable steps to ensure the assessment is completed within 30 days after the officer or employee of the agency becomes aware under section 59E(1).
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> > (5) In this section—
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> > employee includes an individual engaged by the public sector agency under a contract.
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> **s 59G:** Ins 2009 No 54, Sch 1 \[1\] (transferred from the Freedom of Information Act 1989 No 5). Renumbered and am 2009 No 54, Sch 1 \[1\]–\[11\]). Rep 2010 No 71, Sch 1 \[10\]. Ins 2022 No 74, Sch 1\[11\].