provides a mechanism for the approval of information sharing agreements for the sharing of information between or within agencies; and

authorises exemptions from or modifications to—

reduces any uncertainty about whether personal information can be lawfully shared for the provision of the public services, and in the circumstances, described in approved information sharing agreements.

limits the collection, use, or disclosure of personal information that is authorised or required by or under any enactment; and

compels agencies to enter into an information sharing agreement if those agencies are already allowed to share personal information—

this Part does not limit section 7, 54 or 57; and

this Part and Parts 10 and 11 do not limit one another.

duplicate an information sharing provision by providing for an agency to share the same personal information as specified in the information sharing provision—

extend an information sharing provision that is not a restricted information sharing provision by providing for an agency to share the same personal information as specified in the information sharing provision—

duplicate a restricted information sharing provision by providing for an agency to share the same personal information as specified in the restricted information sharing provision—

extend in any manner specified in paragraph (b) a restricted information sharing provision only if—

a public sector agency:

a private sector agency:

a part of a public sector agency:

a part of a private sector agency.

a public sector agency that is a department; or

part of a public sector agency that is a department.

a public sector agency that is not a department; or

a private sector agency.

amend the Schedule of Parties to add or remove agencies as parties:

substitute a new Schedule of Parties.

specify with due particularity the purpose of the information sharing agreement:

set out the information referred to in section 96K:

contain an overview of the operational details about the sharing of information under the agreement:

specify the safeguards that will apply to protect the privacy of individuals and ensure that any interference with their privacy is minimised:

if a party to the agreement is a private sector agency, state which public sector agency will be responsible for dealing with complaints about an alleged interference with privacy if the private sector agency is unable to be held to account for those complaints:

state that every party to the agreement must give any reasonable assistance that is necessary in the circumstances to allow the Commissioner or an individual who wishes to make a complaint about an interference with privacy to determine the agency against which the complaint should be made:

if entered into under section 96G,—

the fees and charges that are payable under the agreement; and

any other business processes relating to the sharing of information under the agreement.

any 1 or more of the information privacy principles (except principles 6 and 7):

any code of practice (except any code of practice that modifies principles 6 and 7).

state, if applicable,—

state the public service or public services the provision of which the information sharing agreement is intended to facilitate:

specify with due particularity the personal information or the type of personal information to be shared under the agreement:

set out the parties, or classes of parties, to the agreement and designate 1 of the parties as the lead agency:

for every party to the agreement,—

state how a copy of the agreement can be accessed.

expires on a date appointed in the Order in Council (if any); or

is revoked.

a description of each of the following:

the name of the agreement; and

the name of the lead agency for the agreement; and

the Internet site address where a copy of the agreement can be accessed.

the Acts and Regulations Publication Act 1989; and

the Regulations (Disallowance) Act 1989.

be satisfied of the matters set out in subsection (2); and

have regard to any submissions made under section 96O(1)(a) in relation to the information sharing agreement that is proposed for approval by the Order in Council.

that the information sharing agreement will facilitate the provision of any public service or public services:

that the type and quantity of personal information to be shared under the agreement are no more than is necessary to facilitate the provision of that public service or those public services:

that the agreement does not unreasonably impinge on the privacy of individuals and contains adequate safeguards to protect their privacy:

that the benefits of sharing personal information under the agreement are likely to outweigh the financial and other costs of sharing it:

that any potential conflicts or inconsistencies between the sharing of personal information under the agreement and any other enactment have been identified and appropriately addressed.

consult with, and invite submissions on the proposed agreement from,—

have regard to any submissions made under paragraph (a).

must consider the privacy implications of the proposed agreement; and

may make any submissions under subsection (1)(a)(i) that he or she thinks fit.

any comment that he or she wishes to make about the consultation that the agencies carried out under section 96O(1)(a); and

any submissions that he or she made to the agencies under section 96O(1)(a)(i).

may publish a report under subsection (1); but

must consult the relevant Minister before doing so.

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

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

an approved information sharing agreement provides that a party to the agreement may—

if an approved information sharing agreement does not provide in the manner specified in paragraph (a), the Commissioner, on the application of a party to an approved information sharing agreement, allows the party in the circumstances of a particular case to—

make a copy of the agreement—

prepare a report on the operation of the agreement at the intervals required by the Commissioner under section 96U; and

carry out any other responsibilities imposed by this Part.

the costs of reporting:

the degree of public interest in information about the matters prescribed in those regulations:

the significance of the privacy implications of the approved information sharing agreement.

in the lead agency’s annual report under the Public Finance Act 1989, if it is required annually; or

in the lead agency’s annual report under the Public Finance Act 1989 that immediately follows the end of each interval specified under section 96U(1)(b).

annually; or

at less frequent intervals that the Commissioner may specify.

the costs of reporting:

the degree of public interest in information about the matters prescribed in regulations made under this Act:

the significance of the privacy implications of the approved information sharing agreement.

give written notice of the amendment to—

make a copy of the amendment—

the fees and charges payable under the agreement; or

the name or description of a party to the agreement; or

any terms or conditions of the agreement that the lead agency considers, after consulting the Commissioner, do not, or are unlikely to, have any effect on the privacy implications of the agreement.

at the end of a period of 12 months after the Order in Council approving the agreement is made; and

at any time that the Commissioner considers appropriate for any subsequent reviews.

consult the following about the review:

consider any submissions made on the review.

operating in an unusual or unexpected way (that is, in a way that was not foreseen by the Commissioner or the parties to the agreement at the time the agreement was entered into):

failing to facilitate the provision of the public service or public services to which it relates:

unreasonably impinging on the privacy of individuals:

operating in such a way that the costs of sharing personal information under the agreement outweigh the benefits of sharing it.

the parties to the agreement should amend it in 1 or more material respects; or

the Order in Council by which the agreement was approved should be revoked.

present a copy of a report under section 96X(1) to the House of Representatives within 5 working days after receiving it from the Commissioner or, if Parliament is not in session, as soon as possible after the commencement of the next session of Parliament; and

as soon as possible after complying with paragraph (a), present a report to the House of Representatives setting out the Government’s response to the report under section 96X(1).

make any amendments to Schedule 2A that are required—

remove any description or matter in Schedule 2A, including all of the descriptions or matters relating to an approved information sharing agreement if the Order in Council by which it was approved has expired or has been revoked:

otherwise amend or replace Schedule 2A.