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PROTECTION OF INFORMATION (ENTRY REGISTRATION INFORMATION RELATING TO COVID-19 AND OTHER INFECTIOUS DISEASES) ACT 2021 - SECT 3

3 .         Terms used

                In this Act —

        authorised officer has the meaning given in the Public Health Act 2016 section 4(1);

        CEO means the chief executive officer of the department of the Public Service principally assisting in the administration of this Act;

        Chief Health Officer has the meaning given in the Public Health Act 2016 section 4(1);

        commencement day means the day on which section 6 comes into operation;

        contact tracing , in relation to an infectious disease emergency, means the process of identifying, notifying, communicating with, managing and directing —

            (a)         individuals who —

                  (i)         may be, or may have been, a source of infection; or

                  (ii)         may have been in contact, directly or indirectly, with, or in the proximity of, an individual who may be, or may have been, a source of infection;

                or

            (b)         the parents, guardians or carers of, or other persons who have responsibility for the care of, such individuals;

        Department’s website means a website maintained by or on behalf of the department of the Public Service principally assisting in the administration of this Act;

        entry registration information

            (a)         means relevant information about the presence of persons at a place, obtained, on the occasion of their entry to the place, for the purposes of contact tracing in relation to an infectious disease emergency by the use of the mobile application known as “SafeWA”, or some other contact tracing register or system, whether or not obtained under the Emergency Management Act 2005 or the Public Health Act 2016 ; but

            (b)         does not include —

                  (i)         such information obtained in the ordinary course of carrying on a business or undertaking if the information would have been obtained in any case for purposes other than contact tracing; or

                  (ii)         statistical or summary information;

        entry registration record means any record of entry registration information, including a record in the form of data, text, images or sound;

        Health Department means the department of the Public Service principally assisting in the administration of the Public Health Act 2016 ;

        infectious disease emergency means —

            (a)         an emergency situation or a state of emergency declared under the Emergency Management Act 2005 in respect of an emergency relating to a plague or epidemic (as referred to in paragraph (d) of the definition of hazard in section 3 of that Act); or

            (b)         a public health state of emergency declared under the Public Health Act 2016 in respect of a public health emergency relating to an infectious disease; or

            (c)         a serious public health risk, in respect of an infectious disease, in relation to which an authorised officer is authorised under the Public Health Act 2016 section 152(1) to exercise serious public health incident powers; or

            (d)         if a COVID-19 declaration is made under the Emergency Management Act 2005 Part 6A (as that Part is in force before the coming into operation of the Emergency Management Amendment (Temporary COVID-19 Provisions) Act 2022 section 30) — the occurrence of COVID-19 in the area to which the declaration applies while the declaration is in force;

        initial storage period , for an entry registration record, has the meaning given in section 8(1);

        prescribed means prescribed by regulations made under this Act;

        records contractor means a person engaged under a contract for services to provide services relating to the storage, maintenance, processing or destruction of entry registration records;

        relevant information means any of the following —

            (a)         a person’s name and contact details;

            (b)         details of a person’s presence at a place, including —

                  (i)         the time and date at which the person entered the place; and

                  (ii)         details of any persons accompanying the person;

            (c)         any other information approved by the Minister for the purposes of this definition;

        responsible person , for an entry registration record, means —

            (a)         for a record in the possession or control of an agency as defined in the Public Sector Management Act 1994 section 3(1) — the chief executive officer, as defined in that section, of that agency; or

            (b)         for a record in the possession or control of a records contractor — the records contractor; or

            (c)         for any other record — the person in possession or control of the record;

        serious public health incident powers has the meaning given in the Public Health Act 2016 section 4(1);

        statistical or summary information means statistical or summary information that could not reasonably be expected to lead to the identification of an individual;

        use , in relation to information, includes the following —

            (a)         to possess the information;

            (b)         to copy the information;

            (c)         to control the use of the information;

            (d)         to seize the information;

            (e)         to require the production of the information.

        [Section 3 amended: No. 33 of 2022 s. 17.]



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