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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Service NSW (One-stop Access to
Government Services) Amendment
(COVID-19 Information Privacy) Bill 2021
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Service NSW (One-stop Access to Government
Services) Act 2013 No 39 3
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2021
New South Wales
Service NSW (One-stop Access to
Government Services) Amendment
(COVID-19 Information Privacy) Bill 2021
Act No , 2021
An Act to amend the Service NSW (One-stop Access to Government Services) Act 2013 to provide
additional safeguards on certain information collected during the COVID-19 pandemic.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Service NSW (One-stop Access to Government Services) Amendment (COVID-19 Information Privacy) Bill
2021 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Service NSW (One-stop Access to Government Services) Amendment
(COVID-19 Information Privacy) Act 2021.
2 Commencement
This Act commences on the date of assent to this Act.
Page 2
Service NSW (One-stop Access to Government Services) Amendment (COVID-19 Information Privacy) Bill
2021 [NSW]
Schedule 1 Amendment of Service NSW (One-stop Access to Government Services) Act 2013 No 39
Schedule 1 Amendment of Service NSW (One-stop Access to
Government Services) Act 2013 No 39
[1] Clause 3 Definitions
Omit section 3(1), definition of information. Insert instead--
health information has the same meaning as in the Health Records and
Information Privacy Act 2002.
information includes personal information and health information.
[2] Part 3A
Insert after Part 3--
Part 3A Information collected during COVID-19 pandemic--
additional protections
17A Objective of Part
The objective of this Part is to recognise that--
(a) the collection of information about the location or movement of people
during the COVID-19 pandemic plays a vital role in protecting people
from serious illness and death, and
(b) people are generally compelled to provide the information under
extraordinary powers that have been invoked because of the pandemic,
and
(c) people expect the information provided will be used only for the
purposes of protecting them from the pandemic, and
(d) inappropriate use or disclosure of the information may increase the
circumstances in which information is not provided and consequently
increase the risk of serious illness or death.
17B Information collected by CEO in relation to COVID-19
(1) This section applies to personal information or health information held by the
CEO if the information was collected--
(a) in the exercise of a function under an order made under the Public
Health Act 2010, section 7 in response to COVID-19 (a public health
order), or
(b) under authority of a public health order, or
(c) for the purpose of COVID-19 contact tracing and because of a direction
given by the Minister under section 4(c).
(2) The information held must not be used or disclosed except--
(a) for the purposes for which it was collected, or
(b) for the purposes of contact tracing, including in another Australian
jurisdiction, or
(c) for information collected in relation to the issue of a permit--for the
purposes of investigating or prosecuting a breach of a public health
order related to the permit, or
(d) for information collected in relation to a declaration provided when
entering or leaving New South Wales--for the purposes of
Page 3
Service NSW (One-stop Access to Government Services) Amendment (COVID-19 Information Privacy) Bill
2021 [NSW]
Schedule 1 Amendment of Service NSW (One-stop Access to Government Services) Act 2013 No 39
investigating or prosecuting a breach of a public health order related to
the declaration, or
(e) for information about an individual--to provide access to the
information for--
(i) the individual, or
(ii) if the individual is under 16 years of age--a person having
parental responsibility for the individual, or
(iii) if the individual lacks capacity to access the information--a
person having the care of the individual.
(3) Nothing in this section prevents the proper disposal of the information.
(4) This section extends to information collected by the CEO--
(a) before the commencement of this section, or
(b) that was not required to be provided to the CEO.
(5) This section has effect despite--
(a) another provision of this Act, or
(b) another Act or law, including a warrant or an order of a court.
(6) A failure to comply with this section is taken to be conduct to which the
Privacy and Personal Information Protection Act 1998, Part 5 applies.
17C Review of Part
(1) The Minister must review this Part to determine whether the policy objectives
of the Part remain valid and whether the terms of the Part remain appropriate
for securing the objectives.
(2) The review must be undertaken as soon as possible after the period of 1 year
from the commencement of this Part.
(3) A report on the outcome of the review must be tabled in each House of
Parliament within 6 months after the end of the period of 1 year.
Page 4
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