New South Wales Consolidated Acts

PRIVACY AND PERSONAL INFORMATION PROTECTION ACT 1998 - SECT 59G

59G Assessors

(1) The head of a public sector agency may direct one or more persons to carry out the assessment (each an
"assessor" ).

(2) An assessor may be--

(a) an officer or employee of the agency the subject of the data breach, or

(b) an officer or employee of another public sector agency acting on behalf of the public sector agency the subject of the data breach, or

(c) a person acting on behalf of the public sector agency the subject of the data breach, or a person employed by that person.

Example for paragraph (c)--: An individual employed by a third party to carry out the assessment for the public sector agency the subject of the data breach.

(3) However, a person who the head of the agency reasonably suspects was involved in an action or omission that led to the breach is not permitted to be an assessor.

(4) An assessor must take all reasonable steps to ensure the assessment is completed within 30 days after the officer or employee of the agency becomes aware under section 59E(1).

(5) In this section--

"employee" includes an individual engaged by the public sector agency under a contract.