New South Wales Consolidated Acts

CHILDREN'S GUARDIAN ACT 2019 - SECT 160

160 Disclosure of information for research purposes

(1) The Children's Guardian may enter into arrangements with a researcher or a research organisation for the purposes of permitting the disclosure of information to the researcher or research organisation (including health information and personal information) that is held by the Children's Guardian, a designated agency or an accredited adoption service provider.

(2) The Children's Guardian is not to enter into arrangements under this section unless satisfied that the arrangements will ensure--

(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 researcher or research organisation as confidential, and

(c) as far as 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, 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 researcher or 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) A disclosure of information made in good faith under the arrangements does not--

(a) constitute a contravention of a provision as to confidentiality in this Act, and

(b) constitute a contravention of the Health Records and Information Privacy Act 2002 or the Privacy and Personal Information Protection Act 1998 .

(4) The provisions of the Health Records and Information Privacy Act 2002 apply to health information disclosed under the arrangements as if the researcher or 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 set out in that Act.

(5) 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" means an organisation prescribed by the regulations or under the Adoption Act 2000 .