New South Wales Consolidated Acts

PRIVACY AND PERSONAL INFORMATION PROTECTION ACT 1998 - SECT 27C

27C Exemptions relating to credit information

(1) A courts agency is not required to comply with section 17 or 18 if--

(a) compliance would prevent the courts agency from disclosing to a credit reporting body that an individual is a default judgment debtor and the amount of the debt, and

(b) the courts agency is satisfied that the credit reporting body has given an enforceable undertaking not to retain the information disclosed to it after the expiry of the applicable retention period.

(2) The
"applicable retention period" for the purposes of subsection (1) (b) is--

(a) if the debt of the default judgment debtor is satisfied--the period of 2 years commencing on the date that the debt was satisfied, or

(b) if the debt of the default judgment debtor remains unsatisfied--the period of 5 years commencing on the date the judgment was given,

whichever is the earlier.

(3) In this section--

"courts agency" means--

(a) the Department of Justice (including any Public Service executive agency that is related to the Department for the purposes of the Government Sector Employment Act 2013 ), and

(b) any court or tribunal referred to in Schedule 1 to the Civil Procedure Act 2005 .

"credit reporting body" has the same meaning as in the Privacy Act 1988 of the Commonwealth.

"default judgment debtor" means an individual against whom a default judgment has been given by a court or tribunal under the uniform rules within the meaning of the Civil Procedure Act 2005 .