New South Wales Consolidated Acts

BUILDING AND DEVELOPMENT CERTIFIERS ACT 2018 - SECT 108

108 Exchange of information

(1) The Secretary may enter into an arrangement with a relevant agency for the purpose of sharing or exchanging information held by the Secretary or the agency.

(2) The information to which an arrangement may relate is limited to information that is reasonably necessary to--

(a) assist in the exercise of the functions of the Secretary, or

(b) assist in the exercise of a relevant function by the relevant agency.

(3) Under an arrangement, each party to the arrangement is authorised--

(a) to disclose information to another party to the arrangement, and

(b) to request and receive information held by another party to the arrangement.

(4) This section does not--

(a) require the Secretary to provide information to a relevant agency only in accordance with an arrangement under this section if that information can otherwise be lawfully provided, or

(b) limit the operation of any other Act or law under which a relevant agency is authorised or required to request and receive, or disclose, information to another person or body.

(5) The authority to request and receive, or to disclose, information under this section is subject to the Privacy and Personal Information Protection Act 1998 and the Health Records and Information Privacy Act 2002 .

(6) In this section--

"government sector agency" means--

(a) a Public Service agency or other government sector agency within the meaning of the Government Sector Employment Act 2013 , or

(b) a NSW Government agency, or

Note--: See the Interpretation Act 1987 , section 13A.

(c) an entity constituted by or under an Act or exercising public functions, such as a State owned corporation, being an entity prescribed by the regulations for this definition.

"relevant agency" means--

(a) a local council, or

(b) an agency of this or any other Australian jurisdiction that exercises, under legislation, a relevant function, or

(c) an insurer that provides insurance required by this Act, or

(c1) a government sector agency, or

(d) any other person or body prescribed by the regulations.

"relevant function" means a function in connection with--

(a) registration, an approval or an equivalent authorisation, or

(b) the regulation of certification work, building work or work authorised to be carried out under an equivalent authorisation, or

(c) insurance required by or under this Act or required by law with respect to building work or an equivalent authorisation, or

(d) any other function prescribed by the regulations.