13Collection from a person other than the individual

13 Collection from a person other than the individual

13 Collection from a person other than the individual

The Department is not required to comply with section 9 of the Act in relation to personal information collected by the Department in any of the following circumstances:

(a) the information is collected from the NSW Police Force or the Australian Crime Commission and is about:

(i) a criminal charge or criminal conviction against a staff member (including the making of an apprehended violence order against the staff member) that may affect the staff member’s suitability for employment, or

(ii) an application for, or the making of, an apprehended violence order against an offender,

(b) the information is about an offender and collection from a person other than the offender is reasonably necessary to enable the Department:

(i) to protect the safety, welfare or well-being of the offender, or

(ii) to supervise the offender effectively, or

(iii) to provide services and programs to the offender effectively,

(c) the collection is reasonably necessary to enable the Department:

(i) to maintain the security or good order of a correctional complex, correctional centre or transitional centre, or

(ii) to verify information about an individual supplied to it by the individual, or

(iii) to organise a conference or mediation between an offender and a victim of that offender, or

(iv) to compile statistical data, but only if it is impractical to collect the information directly from the individual to whom it relates and the information is not information of a kind referred to in section 19 (1) of the Act, or

(v) to investigate an allegation of misconduct against a staff member.

cl 13: Ins 2006 (579), Sch 1. Am 2007 No 27, Sch 4.24 [2]; 2016 No 55, Sch 2.10.