Privacy and Personal Information Protection Amendment (Prisoners) Act 2002 (NSW)

An Act to amend the Privacy and Personal Information Protection Act 1998 to prohibit damages from being payable for contraventions of privacy laws in relation to persons serving sentences of imprisonment; and for other purposes.

1Name of Act

This Act is the Privacy and Personal Information Protection Amendment (Prisoners) Act 2002.

2Commencement

This Act commences on the date of assent.

3Amendment of Privacy and Personal Information Protection Act 1998 No 133

The Privacy and Personal Information Protection Act 1998 is amended as set out in Schedule 1.

Schedule 1Amendments

(Section 3)

[1]Section 3 Definitions

Insert in alphabetical order:

convicted inmate has the same meaning as it has in the Crimes (Administration of Sentences) Act 1999.

[2]Section 53 Internal review by public sector agencies

Insert after section 53 (7):

(7A)

A public sector agency may not pay monetary compensation under subsection (7) if:

• (a)

  the applicant is a convicted inmate or former convicted inmate or a spouse, partner, relative, friend or an associate of a convicted inmate or former convicted inmate, and

• (b)

  the application relates to conduct of a public sector agency in relation to the convicted inmate or former convicted inmate, and

• (c)

  the conduct occurred while the convicted inmate or former convicted inmate was a convicted inmate, or relates to any period during which the convicted inmate or former convicted inmate was a convicted inmate.

[3]Section 54 Role of Privacy Commissioner in internal review process

Insert “, (7A)” after “Section 53 (7)” in section 54 (5).

[4]Section 55 Review of conduct by Tribunal

Omit “subsection (3)” from section 55 (2) (a).

Insert instead “subsections (4) and (4A)”.

[5]Section 55 (4A)

Insert after section 55 (4):

(4A)

The Tribunal may not make an order under subsection (2) (a) if:

• (a)

  the applicant is a convicted inmate or former convicted inmate or a spouse, partner, relative, friend or an associate of a convicted inmate or former convicted inmate, and

• (b)

  the application relates to conduct of a public sector agency in relation to the convicted inmate or former convicted inmate, and

• (c)

  the conduct occurred while the convicted inmate or former convicted inmate was a convicted inmate, or relates to any period during which the convicted inmate or former convicted inmate was a convicted inmate.

[6]Schedule 4 Savings, transitional and other provisions

Omit “this Act.” from clause 1 (1). Insert instead:

the following Acts:

• •

  this Act

• •

  Privacy and Personal Information Protection Amendment (Prisoners) Act 2002

[7]Schedule 4, clause 1 (2)

Omit “this Act”. Insert instead “the Act concerned”.