Privacy Notice for Corporate Records

Corporate Records Family History requests

The personal or health information that you provide to the Corporate Records Unit (Block P, Holker Street, Silverwater, NSW 2128) of Corrective Services NSW (CSNSW) may be used for identification purposes and to process your application. Staff members of CSNSW who process or store your application will view some or all of the personal information that you have provided.

In order for your application to be accepted, you may be required to provide such information as is reasonably necessary to enable the requested document to be identified and provided to you.

You may refuse to provide personal information, as applicable. However, if you refuse to provide certain information, your application may not be able to be processed, or processed to the greatest benefit to yourself.

General

Access to and amendment of your personal information

Please be advised that the Freedom of Information Act 1989 was repealed on 1 July 2010 and replaced with the Government Information (Public Access) Act 2009 (GIPA Act).

GIPA Act

Under section 9(1) of the GIPA Act, if you make an access application for information held by Corrective Services NSW (CSNSW), you have a right to be provided with access to the information unless there is an overriding public interest against disclosure of the information. Under section 8 of the GIPA Act, you may make an informal request for the release of information held by CSNSW.

PPIP Act

Under section 15 of the Privacy and Personal Information Protection Act 1998 (PPIP Act), you have the right to request the amendment of personal information about you that is held by CSNSW.

Under section 14 of the PPIP Act, you have the right to request access to personal information about you that is held by CSNSW.

Nevertheless, section 20(5) of the PPIP Act provides:

"Without limiting the generality of section 5, the provisions of the Government Information (Public Access) Act 2009 that impose conditions or limitations (however expressed) with respect to any matter referred to in section 13, 14 or 15 are not affected by this Act, and those provisions continue to apply in relation to any such matter as if those provisions were part of this Act."

This sub-section has the effect of importing into any decision regarding access to personal information under section 14 of the PPIP Act (otherwise known as Information Protection Principle 7), the provisions of the GIPA Act, which impose conditions or limitations with respect to any matter referred to in section 14 of the PPIP Act. Accordingly, any request for access to personal information made under section 14 of the PPIP Act will be processed as if it had been made under the GIPA Act.

HRIP Act

In addition, under clauses 7 and 8 of Schedule 1 to the Health Records and Information Privacy Act 2002 (HRIP Act), also known as Health Privacy Principles (HPPs) 7 and 8, you may request access to or amendment of your health information held by CSNSW.

However, section 22(3) of HRIP Act provides:

 

"Without limiting the generality of subsection (1), the provisions of the Government Information (Public Access) Act 2009 and the Privacy and Personal Information Protection Act 1998 that impose conditions or limitations (however expressed) with respect to any matter referred to in HPP 6 (Information about health information held by organisations), HPP 7 (Access to health information) or HPP 8 (Amendment of health information) are not affected by this Act, and those provisions continue to apply in relation to any such matter as if those provisions were part of this Act."

 

Accordingly, any request for access to health information made under HPP 7 will be processed as if it had been made under the GIPA Act and any request for the amendment of health information made under HPP 8 will be processed as if it had been made under section 15 of the PPIP Act.

Enquiries

All enquiries about the application of the above legislation should be made to the Manager, Information Access & Privacy Unit on telephone number (02) 8346 1067.