6Privacy management plan exemptions

6 Privacy management plan exemptions

6 Privacy management plan exemptions

(1) A public sector agency (the relevant agency) is exempt from the provisions of section 33 of the Act if the privacy management plan of another agency states that the plan extends to the relevant agency and—

(a) the staff of the relevant agency are part of the staff of another public sector agency, or

(b) the Minister has, by order published in the Gazette, declared that the relevant agency is taken not to be a separate agency for the purposes of section 33 of the Act but is taken to be included in another public sector agency.

(2) An Official Community Visitor appointed for the purposes of the Community Services (Complaints, Reviews and Monitoring) Act 1993 is not to be regarded as a separate public sector agency and instead is to be regarded for the purposes of section 33 of the Act as part of and included in the Ombudsman’s Office, but only if the privacy management plan of the Ombudsman’s Office states that the plan extends to an Official Community Visitor.

(3) An Official Community Visitor appointed for the purposes of the Ageing and Disability Commissioner Act 2019 is not to be regarded as a separate public sector agency and instead is to be regarded for the purposes of section 33 of the Act as part of and included in the Office of the Ageing and Disability Commissioner, but only if the privacy management plan of the Office of the Ageing and Disability Commissioner states that the plan extends to an Official Community Visitor.