New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 27 (2) (d))
(cf Act No 18 1974, s 17A)
(1) Without limiting section 27 (2) (a)-(c), matter that is published--(a) to or by the Ombudsman in his or her capacity as the Ombudsman, or(b) to any member of staff of the Ombudsman in his or her capacity as such a member, or(c) to a member of Parliament for the purposes of section 12 (2) of the Ombudsman Act 1974 , or(d) in a report under section 31AA of the Ombudsman Act 1974 , or(e) in a copy of a report previously made public under section 31AA of the Ombudsman Act 1974 where the copy of the report is published under the authority of the Minister for the time being administering that Act.
(2) Subclause (1) (a) applies in relation to an acting Ombudsman, a Deputy Ombudsman and a special officer of the Ombudsman in the same way as it applies in relation to the Ombudsman.
(cf Act No 18 1974, s 17B)
Without limiting section 27 (2) (a)-(c), matter that is published--
(a) to or by the Privacy Commissioner or an acting Privacy Commissioner in his or her capacity as the Privacy Commissioner or an acting Privacy Commissioner, or
(b) to any member of staff of the Privacy Commissioner in his or her capacity as such a member, or
(c) in a report under section 65 of the Privacy and Personal Information Protection Act 1998 , or
(d) in a copy of a report previously made public under section 65 of the Privacy and Personal Information Protection Act 1998 where the copy of the report is published under the authority of the Minister for the time being administering that Act.
Without limiting section 27 (2) (a)-(c), matter that is published--
(a) to or by the Information Commissioner or an acting Information Commissioner in his or her capacity as the Information Commissioner or an acting Information Commissioner, or
(b) to any member of staff of the Information Commissioner in his or her capacity as such a member, or
(c) in a report under section 38 (Special report to Parliament) of the Government Information (Information Commissioner) Act 2009 , or
(d) in a copy of a report previously made public under section 38 of the Government Information (Information Commissioner) Act 2009 where the copy of the report is published under the authority of the Minister for the time being administering that Act.
(cf Act No 18 1974, s 17BA)
(1) Without limiting section 27 (2) (a)-(c), matter that is published--(a) in a report under section 13 (6) of the Law Reform Commission Act 1967 , or(b) in the course of the proceedings of, or in the course of an inquiry held by, the Law Reform Commission under the Law Reform Commission Act 1967 , or(c) by the Law Reform Commission in connection with a reference to it under the Law Reform Commission Act 1967 .
(2) Subclause (1) (b) and (c) does not apply to a report referred to in section 13 of the Law Reform Commission Act 1967 .
(cf Act No 18 1974, ss 17BB and 17BD)
(1) Conciliation officers and conciliators Without limiting section 27 (2) (a)-(c), matter that is published--(a) to or by a conciliation officer or conciliator for the purpose of any proceedings under the Workers Compensation Act 1987 or the Workplace Injury Management and Workers Compensation Act 1998 , or(b) by any such conciliation officer or conciliator where the matter published is a report of a decision or determination in respect of any such proceedings or of the reasons for such a decision or determination, or(c) by any such conciliation officer or conciliator where the matter published is a conciliation certificate under section 84 of the Workplace Injury Management and Workers Compensation Act 1998 .
(2) Insurers Without limiting section 27 (2) (a)-(c), matter that is published--(a) to or by an insurer for the purpose of any claim or any proceedings arising from any claim under the Workers Compensation Act 1987 or the Workplace Injury Management and Workers Compensation Act 1998 , or(b) by an insurer where the matter published is a report of a decision or determination in respect of any such claim and of the reason for that decision or determination, or(c) by the State Insurance Regulatory Authority while providing access to information under section 72 of the Workplace Injury Management and Workers Compensation Act 1998 , or(d) to or by an insurer pursuant to an exchange of information authorised by section 72 of the Workplace Injury Management and Workers Compensation Act 1998 .
(3) References to "insurer" and "claim" In subclause (2), a reference to insurer or claim has the same meaning as it has in the provision of the Workers Compensation Act 1987 or of the Workplace Injury Management and Workers Compensation Act 1998 to which the reference relates.
(cf Act No 18 1974, s 17BC)
Without limiting section 27 (2) (a)-(c), matter that is published--
(a) to or by--(i) a licensed insurer (within the meaning of the Motor Accidents Act 1988 or the Motor Accidents Compensation Act 1999 ), or(ii) the Nominal Defendant,for the purpose of any claim or any proceedings arising from any claim under the Motor Accidents Act 1988 or the Motor Accidents Compensation Act 1999 , or
(b) by any such licensed insurer or the Nominal Defendant where the matter published is a report of a decision or determination in respect of any such claim and of the reason for that decision or determination, or
(c) by the State Insurance Regulatory Authority where the matter published is the whole or any part of the register maintained by the Authority under section 120 of the Motor Accidents Compensation Act 1999 .
(cf Act No 18 1974, s 17C)
Without limiting section 27 (2) (a)-(c), matter that is published under
section 105 of the Health Services Act 1997 that relates to a decision, or
the reasons for a decision, of a public health organisation referred to in
that section.
(cf Act
No 18 1974, s 17CA)
Without limiting section 27 (2) (a)-(c), matter that is published--
(a) by the State Parole Authority or the Serious Offenders Review Council in a report or other document under the Crimes (Administration of Sentences) Act 1999 , or
(b) in the course of any proceedings of the following bodies--(i) the State Parole Authority or a Division or a committee of that Authority,(ii) the Serious Offenders Review Council or a Division or a committee of that Council,(iii) the Serious Offenders Management Committee or a subcommittee of that Committee, or
(c) by a body referred to in paragraph (b) in a report of any proceedings referred to in that paragraph.
Without limiting section 27 (2) (a)-(c), matter that is published--
(a) to or by the Inspector of Custodial Services in his or her capacity as the Inspector of Custodial Services, or
(b) to or by a member of staff of the Inspector in his or her capacity as such a member.
(cf Act No 18 1974, s 17D)
(1) Without limiting section 27 (2) (a)-(c), matter that is published for the purpose of the execution or administration of the Anti-Discrimination Act 1977 --(a) to or by a member of the Civil and Administrative Tribunal, or(b) to or by a member of the Anti-Discrimination Board constituted under the Anti-Discrimination Act 1977 , or(c) to or by the President of the Anti-Discrimination Board, or any officer of the President, to the Registrar of the Civil and Administrative Tribunal, or(d) to a person employed in the Public Service under the Government Sector Employment Act 2013 to assist in the execution or administration of the Anti-Discrimination Act 1977 , or(e) to or by the Public Service Commissioner or a member of staff of the Public Service Commission.
(2) Without limiting section 27 (2) (a)-(c), matter that is published in--(a) a report referred to in section 94A (2) of the Anti-Discrimination Act 1977 of the President of the Anti-Discrimination Board constituted under that Act made to the Civil and Administrative Tribunal, or(b) a report referred to in section 120 (2), 121, 122 or 122R (b) of that Act to the Minister administering that Act.
(cf Act No 18 1974, s 17DA)
Without limiting section 27 (2) (a)-(c), matter that is published--
(a) in the course of an appeal under the Racing Appeals Tribunal Act 1983 , or
(b) by the Racing Appeals Tribunal in an official report of its decision in respect of any such appeal or of the reasons of that Tribunal for a decision.
(cf Act No 18 1974, s
17DB)
Without limiting section 27 (2) (a)-(c), matter that is published--
(a) in the course of proceedings in respect of an inquiry conducted by Racing New South Wales, or
(b) by Racing New South Wales in a report it makes in respect of such an inquiry, or
(c) in the course of proceedings in respect of an investigation conducted by the Integrity Assurance Committee under the Thoroughbred Racing Act 1996 or by that Committee in a report that it makes in respect of such an investigation.
Without limiting section 27 (2) (a)-(c), matter that is published--
(a) by Greyhound Racing New South Wales or the Greyhound Welfare and Integrity Commission in an official report of its decision in respect of any appeal relating to greyhound racing under the Racing Appeals Tribunal Act 1983 or of the reasons for its decision, or
(b) by Harness Racing New South Wales in an official report of its decision in respect of any appeal relating to harness racing under the Racing Appeals Tribunal Act 1983 or of the reasons for its decision, or
(c) in the course of proceedings in respect of an investigation conducted by the Greyhound Welfare and Integrity Commission under the Greyhound Racing Act 2017 or the Harness Racing Integrity Auditor under the Harness Racing Act 2009 or by the Commission or the Integrity Auditor in a report that the Commission or Integrity Auditor makes in respect of such an investigation.
(cf Act No 18 1974, s
17F)
Without limiting section 27 (2) (a)-(c), matter that is published for the
purpose of the execution or administration of the Legal Aid Commission Act
1979 --
(a) to or by the Legal Aid Commission of New South Wales constituted under that Act, or
(b) to or by a member of staff of the Commission or a committee established under that Act.
(1) Without limiting section 27 (2) (a)-(c), matter that is published--(a) to or by any of the following for the purpose of the assessment or referral of a complaint against a medical practitioner or other matter or the holding of any inquiry, performance review, investigation or appeal in respect of a medical practitioner under the Health Practitioner Regulation National Law--(i) the Medical Council of New South Wales,(ii) the Medical Board of Australia,(iii) an Impaired Registrants Panel,(iv) a Performance Review Panel,(v) a Professional Standards Committee,(vi) the Civil and Administrative Tribunal,(vii) a member of any of the bodies referred to above,(viii) an assessor, or(b) by a body or person referred to in paragraph (a) where the matter published is a report of a decision or determination in respect of a complaint against a medical practitioner or other matter or any inquiry, performance review, investigation or appeal in respect of a medical practitioner, or the reasons for such a decision or determination.
(2) In this clause--(a) a reference to the Medical Board of Australia includes a reference to a committee of the Board, and(b) a reference to a member of the Board includes a reference to a member of any such committee, and(c) a reference to the Medical Council of New South Wales includes a reference to a committee of the Council, and(d) a reference to a member of the Council includes a reference to a member of any such committee.
(cf Act No 18 1974, ss 17G and 17U)
Without limiting section 27 (2) (a)-(c), matter that is published--
(a) in a report by an inspector, a mine safety officer, an investigator or a Board of Inquiry under the Work Health and Safety (Mines and Petroleum Sites) Act 2013 for the purposes of the execution or administration of that Act, or
(b) to or by the Minister administering the Work Health and Safety (Mines and Petroleum Sites) Act 2013 or the regulator within the meaning of that Act.
(cf Act No 18 1974, s 17J)
Without limiting section 27 (2) (a)-(c), matter that is published--
(a) to or by any of the following for the purpose of the making or referral of a complaint, or the investigation, hearing or review of a complaint, under Chapter 5 of the Legal Profession Uniform Law (NSW) --(i) the Bar Council,(ii) a member of the Bar Council as such a member,(iii) a committee or subcommittee of the Bar Council, or any member of a committee or subcommittee of the Bar Council,(iv) the Law Society Council,(v) a member of the Law Society Council in his or her capacity as such a member,(vi) a committee or subcommittee of the Law Society Council, or any member of a committee or subcommittee of the Law Society Council,(vii) the Bar Association,(viii) the Law Society,(ix) the Legal Services Commissioner,(x) any member of the staff of any of the above as such a member, or
(b) by a body or person referred to in paragraph (a) where the matter published is a report of the decision or determination of the body or person in respect of a complaint, or of the reasons for such a decision or determination, under Chapter 5 of the Legal Profession Uniform Law (NSW) , or
(c) by a person or body referred to in paragraph (a) to such a person or body, where the matter published is information that is published in accordance with the exercise of functions under Chapter 2 or 3 of the Legal Profession Uniform Law (NSW) or Division 2 of Part 3 of the Legal Profession Uniform Law Application Act 2014 , or
(d) by a person or body referred to in paragraph (a) in a report of the decision or determination of the Bar Council or the Law Society Council in respect of the refusal to issue, cancellation or suspension of a practising certificate, or
(e) in a report of a compliance audit under section 256 of the Legal Profession Uniform Law (NSW) --(i) by a person or body referred to in paragraph (a) to a person or body referred to in that paragraph, pursuant to section 256 of that Law, or(ii) by a person appointed under section 256 of that Law to conduct the compliance audit the subject of the report, to a person or body referred to in paragraph (a), pursuant to that section.
(cf Act No 18 1974, s 17K)
(1) Without limiting section 27 (2) (a)-(c), matter that is published--(a) to or by the Independent Commission Against Corruption, or(b) to or by a Commissioner of the Commission as Commissioner, or(c) to or by the Inspector of the Independent Commission Against Corruption as Inspector, or(d) to any officer of the Commission or officer of the Inspector (within the meaning of the Independent Commission Against Corruption Act 1988 ) as such an officer.
(2) This clause applies in relation to any compulsory examination or public inquiry before the Independent Commission Against Corruption or inquiry before the Inspector of the Independent Commission Against Corruption or any other matter relating to the powers, authorities, duties or functions of the Commission or Inspector.
(cf Act No 18 1974, s 17L)
(1) Without limiting section 27 (2) (a)-(c), matter that is published--(a) to or by the New South Wales Crime Commission, or(b) to any member of the Commission or member of the staff of the Commission in his or her capacity as such a member.
(2) This clause applies in relation to any hearing before the New South Wales Crime Commission or any other matter relating to the powers, authorities, duties or functions of the Commission.
(cf Act No 18 1974, s 17M)
(1) Without limiting section 27 (2) (a)-(c), matter that is published--(a) to or by the Independent Pricing and Regulatory Tribunal of New South Wales, or(b) to any member of the Tribunal or member of the staff of the Tribunal in his or her capacity as such a member.
(2) This clause applies in relation to any hearing before the Independent Pricing and Regulatory Tribunal of New South Wales or any other matter relating to the powers, authorities, duties or functions of the Tribunal.
(cf Act No 18 1974, s 17N)
Without limiting section 27 (2) (a)-(c), matter that is published to or by the
New South Wales Casino Control Authority, or the person presiding at an
inquiry under section 143 of the Casino Control Act 1992 , for the purpose of
such an inquiry.
(cf Act No 18 1974, s
17P)
Without limiting section 27 (2) (a)-(c), matter that is published in a report
to the NSW Trustee and Guardian under section 123 of the
NSW Trustee and Guardian Act 2009 .
(cf Act No 18 1974,
s 17Q)
Without limiting section 27 (2) (a)-(c), matter that is published--
(a) to or by the Auditor-General in his or her capacity as Auditor-General of a disclosure made in relation to a complaint under Division 7 of Part 3 of the Government Sector Audit Act 1983 , or
(b) to or by a member of staff of the Audit Office in his or her capacity as such a member of a disclosure made in relation to a complaint under Division 7 of Part 3 of the Government Sector Audit Act 1983 .
(1) Without limiting section 27(2)(a)-(c)--(a) matter that is published of or concerning a public interest disclosure--if the publication is by the maker of the disclosure and while making the disclosure, or(b) matter that is published of or concerning a public interest disclosure or a disclosure mentioned in the Public Interest Disclosures Act 2022 , section 49(1)(b)--if the publication is by an agency or public official and while exercising a function under that Act in relation to the disclosure.
(2) The Public Interest Disclosures Act 2022 , section 40(2) applies to subclause (1) in the same way it applies to that Act, section 40(1).
(3) However, subclause (2) does not limit other provisions of this Schedule.
(4) Words used in this clause have the same meanings as in the Public Interest Disclosures Act 2022 .
(cf Act No 18 1974,
s 17R)
Without limiting section 27 (2) (a)-(c), matter that is published--
(a) to or by the Health Care Complaints Commission of or concerning a complaint by a complainant under the Health Care Complaints Act 1993 , or
(b) to or by a conciliator for the purpose of the conciliation of a complaint under the Health Care Complaints Act 1993 , or
(c) by any such conciliator in a report, or while furnishing information, under section 53 or 54 of the Health Care Complaints Act 1993 , or
(d) in a report made under section 30 of the Health Care Complaints Act 1993 (or that section as applied by section 61 of that Act), or
(e) in a report made under section 62 (1) of the Health Care Complaints Act 1993 by the Health Care Complaints Commission constituted under that Act.
(1) Without limiting section 27 (2) (a)-(c), matter that is published--(a) to or by the Law Enforcement Conduct Commission, or(b) to or by the Chief Commissioner of the Law Enforcement Conduct Commission in his or her capacity as Chief Commissioner, or(c) to or by the Inspector of the Law Enforcement Conduct Commission in his or her capacity as Inspector, or(d) to any officer or member of staff of the Commission or officer of the Inspector (within the meaning of the Law Enforcement Conduct Commission Act 2016 ) in his or her capacity as such an officer or member.
(2) This clause applies in relation to any examination before an examining Commissioner of the Law Enforcement Conduct Commission or inquiry before the Inspector of the Law Enforcement Conduct Commission or any other matter relating to the powers, authorities, duties or functions of the Commission or Inspector.
(cf Act
No 18 1974, s 17JA)
Without limiting section 27 (2) (a)-(c), matter that is published--
(a) to or by any of the following--(i) the Board of Surveying and Spatial Information,(ii) a member of that Board as such a member,(iii) a committee or subcommittee of that Board, or any member of a committee or subcommittee of that Board,for the purpose of the making or referral of a complaint of professional incompetence or professional misconduct, or the investigation of such a complaint, made in relation to a registered surveyor under the Surveying and Spatial Information Act 2002 , or
(b) by a body or person referred to in paragraph (a) of a report of the decision or determination of the body or person in respect of a complaint, or of the reasons for such a decision or determination, made in relation to a registered surveyor under the Surveying and Spatial Information Act 2002 .
Without limiting section 27 (2) (a)-(c), matter that is published to or by the Civil and Administrative Tribunal under the Civil and Administrative Tribunal Act 2013 (including matter that is published by that Tribunal in an official report of a decision of that Tribunal or of the reasons of that Tribunal for a decision).
(1) Without limiting section 27(2)(a)-(c), matter published by the Independent Planning Commission or the former Planning Assessment Commission in a report or other document, including an audio/video record, an audio record or a transcription record, under the Environmental Planning and Assessment Act 1979 .
(2) In this clause--
"former Planning Assessment Commission" means the Planning Assessment Commission of New South Wales constituted under section 23B of the Environmental Planning and Assessment Act 1979 , as in force before its repeal by the Environmental Planning and Assessment Amendment Act 2017 .
"Independent Planning Commission" means the Independent Planning Commission of New South Wales constituted under section 2.7 of the Environmental Planning and Assessment Act 1979 .
Without limiting section 27(2)(a)-(c), matter that is published--
(a) to or by the Anti-slavery Commissioner or an acting Anti-slavery Commissioner in their capacity as the Anti-slavery Commissioner or an acting Anti-slavery Commissioner, or
(b) to a member of staff of the Anti-slavery Commissioner in their capacity as a member, or
(c) in a strategic plan under the Modern Slavery Act 2018 , section 11, or
(d) in a report under the Modern Slavery Act 2018 , section 13, 19 or 20, or
(e) in a register under the Modern Slavery Act 2018 , or
(f) in annual reporting information under the Modern Slavery Act 2018 , section 31.