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PRIVACY AND PERSONAL INFORMATION PROTECTION ACT 1998 - SECT 3
Definitions
(1) In this Act--
"Commonwealth agency" means an entity referred to in paragraph (a)-(h) of the
definition of
"agency" in the Privacy Act 1988 of the Commonwealth.
"convicted inmate" has the same meaning as it has in the
Crimes (Administration of Sentences) Act 1999 .
"exercise" a function includes perform a duty.
"function" includes a power, authority or duty.
"Information Commissioner" means the Information Commissioner under the
Government Information (Information Commissioner) Act 2009 .
"information protection principle" or
"principle" means a provision set out in Division 1 of Part 2.
"investigative agency" means-- (a) any of the following-- (i) the Ombudsman's
Office,
(ii) the Independent Commission Against Corruption,
(iii) the
Inspector of the Independent Commission Against Corruption,
(iv) the Law
Enforcement Conduct Commission,
(v) the Inspector of the Law Enforcement
Conduct Commission and any staff of the Inspector,
(vi) the Health Care
Complaints Commission,
(vii) the Office of the Legal Services Commissioner,
(viia) the Ageing and Disability Commissioner,
(viib) the Children's
Guardian,
(viii) a person or body prescribed by the regulations for the
purposes of this definition, or
(b) any other public sector agency with
investigative functions if-- (i) those functions are exercisable under the
authority of an Act or statutory rule (or where that authority is necessarily
implied or reasonably contemplated under an Act or statutory rule), and
(ii)
the exercise of those functions may result in the agency taking or instituting
disciplinary, criminal or other formal action or proceedings against a person
or body under investigation, or
(c) a public sector agency conducting an
investigation for or on behalf of an agency referred to in paragraph (a) or
(b).
"law enforcement agency" means any of the following-- (a) the NSW Police
Force, or the police force of another State or a Territory,
(b) the New South
Wales Crime Commission,
(c) the Australian Federal Police,
(d) the
Australian Crime Commission,
(e) the Director of Public Prosecutions of New
South Wales, of another State or a Territory, or of the Commonwealth,
(f) the
Department of Justice,
(f1) the Independent Gaming and Liquor Authority under
the Gaming and Liquor Administration Act 2007 ,
(g) the NSW Independent
Casino Commission under the Casino Control Act 1992 ,
(g1) the Office of the
Sheriff of New South Wales,
(h) a person or body prescribed by the
regulations for the purposes of this definition.
"local government authority" means a council, a county council or a joint
organisation, within the meaning of the Local Government Act 1993 .
"personal information" is defined in section 4.
"privacy code of practice" or
"code" means a privacy code of practice made under Part 3.
"Privacy Commissioner" means the Privacy Commissioner appointed under this
Act.
"public register" means a register of personal information that is required by
law to be, or is made, publicly available or open to public inspection
(whether or not on payment of a fee).
"public sector agency" means any of the following-- (a) a Public Service
agency or the Teaching Service,
(a1) the office of a political office holder
within the meaning of the Members of Parliament Staff Act 2013 , being the
office comprising the persons employed by the political office holder under
Part 2 of that Act,
(b) a statutory body representing the Crown,
(d) an
auditable entity within the meaning of the Government Sector Audit Act 1983 or
any other entity within the meaning of that Act (or entity of a kind)
prescribed by the regulations, but excluding an entity (or entity of a kind)
prescribed by the regulations,
(e) the NSW Police Force,
(f) a
local government authority,
(g) a person or body that-- (i) provides data
services (being services relating to the collection, processing, disclosure or
use of personal information or that provide for access to such information)
for or on behalf of a body referred to in paragraph (a)-(f) of this
definition, or that receives funding from any such body in connection with
providing data services, and
(ii) is prescribed by the regulations for the
purposes of this definition,
but does not include a State owned corporation.
Note : Section 4B enables the regulations to declare that a
public sector agency is to be regarded as being part of another
public sector agency for the purposes of this Act. It also enables the
regulations to declare that a part of a public sector agency is to be regarded
as being a separate public sector agency from the public sector agency of
which it forms part for the purposes of this Act.
"public sector official" means any of the following-- (a) a person appointed
by the Governor, or a Minister, to a statutory office,
(b) a judicial officer
within the meaning of the Judicial Officers Act 1986 ,
(c) a person employed
in the Public Service, the Transport Service of New South Wales, the Teaching
Service, the NSW Health Service or the NSW Police Force,
(c1) a person
employed by a political office holder under Part 2 of the
Members of Parliament Staff Act 2013 ,
(c2) a person employed by a member of
Parliament under Part 3 of the Members of Parliament Staff Act 2013 ,
(d) a
local government councillor or a person employed by a
local government authority,
(e) a person who is an officer of the Legislative
Council or Legislative Assembly or who is employed by (or who is under the
control of) the President of the Legislative Council or the Speaker of the
Legislative Assembly, or both,
(f) a person who is employed or engaged by--
(i) a public sector agency, or
(ii) a person referred to in paragraph
(a)-(e),
(g) a person who acts for or on behalf of, or in the place of, or as
deputy or delegate of, a public sector agency or person referred to in
paragraph (a)-(e).
"publicly available publication" does not include any publication or document
declared by the regulations not to be a publicly available document for the
purposes of this Act.
"staff of the Inspector of the Independent Commission Against Corruption"
means-- (a) any staff employed under section 57E (1) or (2) of the
Independent Commission Against Corruption Act 1988 , and
(b) any consultants
engaged under section 57E (3) of that Act.
"staff of the Inspector of the Law Enforcement Conduct Commission" means-- (a)
any staff employed under section 128 (1) of the
Law Enforcement Conduct Commission Act 2016 , and
(b) any consultants
engaged under section 128 (4) (c) of that Act.
"State record" has the same meaning as in the State Records Act 1998 .
"Tribunal" means the Civil and Administrative Tribunal. Note : The
Interpretation Act 1987 contains definitions and other provisions that affect
the interpretation and application of this Act.
(2) Notes included in this
Act are explanatory notes and do not form part of this Act.
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