New South Wales Consolidated Acts

CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 254A

254A Disclosure of information for research purposes

(1) The Secretary may enter into arrangements with a research organisation for the purposes of permitting the disclosure to the research organisation of information (including health information and personal information) that is held by the Department, the Children's Guardian, a designated agency or an accredited adoption service provider about any of the following persons (an
"affected person" )--

(a) a person involved in an adoption or prospective adoption as a birth parent, adoptive parent, young person or child,

(b) an authorised carer,

(c) a child or young person in out-of-home care,

(d) a child or young person the subject of a final care order if the Children's Court has determined or accepted the Secretary's assessment that there is no realistic possibility of the child or young person being restored to his or her birth parents or adoptive parents.

(2) The Secretary is not to enter into arrangements under this section unless satisfied that those arrangements will ensure that--

(a) reasonable steps will be taken to de-identify information disclosed under the arrangements, and

(b) information disclosed under the arrangements will be treated by the research organisation as confidential, and

(c) as far as is reasonably practicable, no publication that uses or is based on information disclosed under the arrangements will enable the identity of an affected person to be ascertained, and

(d) as far as is reasonably practicable, any personal information disclosed under the arrangements will be used or dealt with in accordance with the information protection principles set out in sections 12, 17, 18 and 19 of the Privacy and Personal Information Protection Act 1998 as those principles would apply if the research organisation were a public sector agency.

Note : The Privacy and Personal Information Protection Act 1998 requires public sector agencies to deal with personal information in accordance with the information protection principles set out in that Act.

(3) Before entering into arrangements for the disclosure of information under this section, the Secretary must consult with the Privacy Commissioner in relation to those arrangements.

(4) A disclosure of information made in good faith under the arrangements does not constitute a contravention of any provision as to confidentiality in this Act and does not constitute a contravention of the Health Records and Information Privacy Act 2002 or the Privacy and Personal Information Protection Act 1998 .

(5) The provisions of the Health Records and Information Privacy Act 2002 apply to health information disclosed under the arrangements as if the research organisation were a private sector person (within the meaning of that Act).

Note : The Health Records and Information Privacy Act 2002 requires a private sector person that collects, holds or uses health information to comply with the health privacy principles provided for by that Act.

(6) In this section--

"health information" has the same meaning as in the Health Records and Information Privacy Act 2002 .

"personal information" has the same meaning as in the Privacy and Personal Information Protection Act 1998 .

"research organisation" has the same meaning as in the Adoption Act 2000 .