New South Wales Consolidated Acts

PRIVACY AND PERSONAL INFORMATION PROTECTION ACT 1998 - SECT 59ZA

59ZA Access to premises to observe systems, policies and procedures

(1) The Privacy Commissioner may, by written notice given to the head of a public sector agency, direct the head of the agency to provide access to premises occupied or used by the agency on the day and at the time stated in the notice for the purpose of monitoring and reporting on the agency's compliance with this Part.

(2) The head of the agency must comply with the notice.

(3) If the Privacy Commissioner gives a direction under subsection (1), the Privacy Commissioner may--

(a) enter the premises on the day and at the time stated in the notice, and

(b) observe a demonstration of the agency's data handling systems, policies and procedures, and

(c) inspect the following--

(i) a document that is part of the agency's data handling policies and procedures,

(ii) another document shown to the Privacy Commissioner by the agency.

(4) The head of the agency or an officer or employee of the agency is not required to comply with an information protection principle, a Health Privacy Principle, a privacy code of practice or a health privacy code of practice if the head of the agency, officer or employee produces a document for inspection by the Privacy Commissioner under this section.

(5) In this section--

"premises" does not include residential premises.