6Confidential documents—the Act, s 38A(2)(b)

6 Confidential documents—the Act, s 38A(2)(b)

6 Confidential documents—the Act, s 38A(2)(b)

(1) Confidential documents possessed by an agency, other than a court, must be kept and handled only by—

(a) a person in the agency with at least a baseline security clearance issued by the Australian Government Security Vetting Agency, or

(b) if no one in the agency holds a security clearance referred to in paragraph (a)—

(i) the head of the agency within the meaning of the Act, section 4B(2), or

(ii) the General Counsel of the agency, or

(iii) the chief risk officer of the agency, or

(iv) a person performing the functions of a person referred to in subparagraphs (i)–(iii).

(2) If confidential documents are shared between the agency and the Commissioner of Police, the sharing must be carried out—

(a) in person, or

(b) by registered post, or

(c) using a secure file sharing platform with end-to-end encryption.

(3) The agency, when carrying out an activity relating to the keeping and handling of confidential documents, must—

(a) maintain a record containing the following details—

(i) names of persons, other than a witness protection officer, involved in the activity,

(ii) a description of the activity,

(iii) the dates and times during which the activity was carried out, and

(b) consider the NSW Government Information Classification, Labelling and Handling Guidelines published by the Department of Customer Service in April 2021 and as in force from time to time.

(4) In this section—

court has the same meaning as in the Act, Part 3A.

sharing, of a confidential document, includes the delivery and receipt of the document.