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Legislation administered by Revenue NSW

Key definitions

  • Collection – (of personal information) the way in which Revenue NSW acquires personal or health information, which can include a written or online form, a verbal conversation, a voice recording, or a photograph.
  • Disclosure – (of personal information) occurs when the Revenue NSW makes known to an individual or entity personal or health information not previously known to them.
  • Exemptions from compliance with Information Protection Principles (IPPs) – (general, specific and other exemptions) are provided both within the principles (and under Division 2 and Division 3 of Part 2 of the PPIP Act).
  • Health information – information or an opinion about a person’s physical or mental health or disability, or a person’s express wishes about the future provision of his or her health services or a health service provided or to be provided to a person; See the definition at S6 HRIP Act.
  • Investigative agencies – any of the following: Audit Office of NSW, the Ombudsman NSW, the Independent Commission Against Corruption (ICAC) or the ICAC inspector, the Law Enforcement Conduct Commission (LECC) or the LECC Inspector and any staff of the Inspector, the Health Care Complaints Commission, the Office of the Legal Services Commissioner, and Inspector of Custodial Services.
  • Law enforcement agencies – any of the following: the NSW Police Force or the police force of another State or Territory, the NSW Crime Commission, the Australian Federal Police, the Australian Crime Commission, the Director of Public Prosecutions of NSW or another State or Territory or of the Commonwealth, Department of Communities and Justice, Office of the Sherriff of NSW.
  • Personal information – information or an opinion (including information or an opinion forming part of a database and whether or not recorded in a material form) about an individual whose identity is apparent or can reasonably be ascertained from the information or opinion, including such things as an individual’s fingerprints, retina prints, body samples, or genetic characteristics. Exclusions to the definition of personal information are contained in s4(3) of the PPIP Act and includes health information; (see the definition at s4 PPIP Act and s4(3) PPIP Act and s5 of the HRIP Act).
  • Privacy principles – the Information Protection Principles set out in Division 1 of Part 2 of the PPIP Act and Health Principles set out in Schedule 1 of the HRIP Act. The privacy principles set out the minimum standards for all NSW public sector agencies when handling personal and health information. Within these principles lawful exemptions are provided. Public register – a register of personal information that is required by law to be, or is made, publicly available or open to public inspection, whether or not upon payment of a fee. Note: public register exemptions are provided for in clause 7 of the Privacy and Personal Information Protection Regulation 2014.
  • Staff – any person working in a casual, temporary, or permanent capacity in Revenue NSW, including consultants and contractors.

Offences

Offences can be found in Part 8 of the PPIP Act. It is an offence for the Revenue NSW to:

  • intentionally disclose or use personal information accessed as a part of our work for an unauthorised purpose
  • offer to supply personal information that has been disclosed unlawfully
  • hinder the Privacy Commissioner or a staff member from doing their job.

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