Subpart 3—Matters relating to operation of approved information sharing agreements

Subpart 3: inserted, on 27 February 2013, by section 8 of the Privacy Amendment Act 2013 (2013 No 1).

Notice of adverse action

Heading: inserted, on 27 February 2013, by section 8 of the Privacy Amendment Act 2013 (2013 No 1).

96Q Requirement to give notice of adverse action

(1)

A party to an approved information sharing agreement must give written notice to an individual before it takes any adverse action against the individual on the basis (whether wholly or in part) of personal information about the individual that was shared under the agreement.

(2)

The notice must—

(a)

give details of the adverse action that the party proposes to take and the personal information about the individual on which the action is based; and

(b)

state that the individual has 10 working days from the receipt of the notice in which to dispute the correctness of that personal information.

(3)

To avoid doubt, an individual who is given the notice may take any steps that are available under any enactment to dispute any proposed adverse action against him or her, but he or she may show cause under this section as to why the proposed adverse action should not be taken only on the basis that it is based on incorrect personal information.

Section 96Q: inserted, on 27 February 2013, by section 8 of the Privacy Amendment Act 2013 (2013 No 1).