New South Wales Consolidated Acts

PRIVACY AND PERSONAL INFORMATION PROTECTION ACT 1998 - SECT 24

24 Exemptions relating to investigative agencies

(1) An investigative agency is not required to comply with section 9, 10, 13, 14, 15, 18 or 19 (1) if compliance with those sections might detrimentally affect (or prevent the proper exercise of) the agency's complaint handling functions or any of its investigative functions.

(2) An investigative agency is not required to comply with section 17 if the use of the information concerned for a purpose other than the purpose for which it was collected is reasonably necessary in order to enable the agency to exercise its complaint handling functions or any of its investigative functions.

(3) An investigative agency is not required to comply with section 18 or 19 (1) if the information concerned is disclosed to another investigative agency.

(4) A public sector agency (whether or not an investigative agency) is not required to comply with section 18 or 19 (1) if non-compliance is reasonably necessary to assist another public sector agency that is an investigative agency in exercising its investigative functions.

(5) An investigative agency is not required to comply with section 18 if--

(a) the information concerned is disclosed to a complainant, and

(b) the disclosure is reasonably necessary for the purpose of--

(i) reporting the progress of an investigation into the complaint made by the complainant, or

(ii) providing the complainant with advice as to the outcome of the complaint or any action taken as a result of the complaint.

(6) The exemptions provided by subsections (1)-(5) extend to--

(a) any public sector agency, or public sector official, who is investigating or otherwise handling a complaint or other matter that could be referred or made to an investigative agency, or that has been referred from or made by an investigative agency, and

(b) the Office of Local Government, or any person employed in that Office, who is investigating or otherwise handling (formally or informally) a complaint or other matter even though it is or may be the subject of a right of appeal conferred by or under an Act.

(7) The Ombudsman's Office is not required to comply with section 9 or 10.

(8) An investigative agency is not required to comply with section 12 (a).