CEO - Executed Instrument of Authorisation to Staff
Read the full document below or download it here CEO - Executed Instrument of Authorisation to Staff August 2021
Instrument of Authorisation
Government Information (Public Access) Act 2009 (NSW)
Privacy and Personal Information Protection Act 1988 (NSW)
Health Records and Information Privacy Act 2002 (NSW)
I, Elizabeth Tydd, Chief Executive Officer (CEO) and principal officer of the Information and Privacy Commission (IPC), authorise the exercise and performance of the IPC’s functions, duties and powers to the officers set out in Schedules 1, 2 and 3 of this instrument.
This instrument authorises the exercise and performance of the IPC’s functions, duties and powers under the:
- Government Information (Public Access) Act 2009
- Privacy and Personal Information Protection Act 1988
- Health Records and Information Privacy Act 2002
This instrument revokes and replaces all previous authorisations.
This instrument takes effect from the date it is executed. It consists of this page and 18 pages containing schedules 1, 2 and 3.
This authority will continue until revoked notwithstanding the termination of my office as CEO of the IPC.
Elizabeth Tydd
Chief Executive Officer, IPC
Date: 26 August 2021
Instrument of Authorisation – Schedule 1
Government Information (Public Access) Act 2009 (NSW)
|
Section |
Description of Function/ Power |
Officer |
|
Section 6 |
Mandatory proactive release of certain government information. |
Director Business Improvement Director Investigation and Reporting Director, Legal Counsel and Regulatory Advice (LCRA) Manager Systems and Corporate Services |
|
Section 7 |
Authorised proactive release of government information. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services |
|
Section 8 |
Informal release of government information. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services |
|
Section 9(3) |
Making a reviewable decision in connection with an access application. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services Senior Policy Officer |
|
Section 16 |
Providing advice and assistance to persons who request government information. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services Senior Policy Officer Business Services, Systems & Improvement Officer |
|
Section 20 |
Having an Agency Information Guide and making it publicly available. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services Senior Policy Officer Business Services, Systems & Improvement Officer |
|
Section 21 |
Reviewing, amending and updating Agency Information guide. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services Senior Policy Officer Business Services, Systems & Improvement Officer |
|
Section 25 |
Keeping a disclosure log. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services |
|
Section 26 |
Recording certain information in the disclosure log. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services |
|
Section 27 |
Keeping a register of government contracts of $150,000 or more (including GST). |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services |
|
Section 32 |
Recording information about why confidential information not included on the register. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services |
|
Section 35 |
Publishing register on the Government tenders website. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services Manager, Communication and Corporate Affairs |
|
Section 36 |
Dealing with disputes concerning register of government contract provisions in GIPA Act. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services |
|
Section 41(2) |
Approving additional facilities for making an access application. |
Director Business Improvement Director Investigation and Reporting Director, LCRA |
|
Section 44(2) |
Deciding to split an application into two or more for the purpose of transfer. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services |
|
Section 45 |
Transferring access application (agency-initiated). |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services Senior Policy Officer Business Services, Systems & Improvement Officer |
|
Section 46 |
Transferring access application (applicant-initiated). |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services Senior Policy Officer Business Services, Systems & Improvement Officer |
|
Section 47 |
Giving notice of transfer. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services Senior Policy Officer Business Services, Systems & Improvement Officer |
|
Section 49(3) |
Giving notice about amendment of access application. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services Senior Policy Officer Business Services, Systems & Improvement Officer |
|
Section 50(3) |
Giving notice about withdrawal of application. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services Senior Policy Officer Business Services, Systems & Improvement Officer |
|
Section 51 |
Making an initial decision as to validity of application. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services Senior Policy Officer |
|
Section 51A |
Deciding to waive, reduce or refund application fees. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services |
|
Section 52 |
Providing assistance with invalid applications. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services Senior Policy Officer Business Services, Systems & Improvement Officer |
|
Section 53 |
Undertaking reasonable searches for information held by the agency. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services Senior Policy Officer Business Services, Systems & Improvement Officer Data Projects & Systems Support Officer |
|
Section 54 |
Consulting on public interest considerations. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services Senior Policy Officer Business Services, Systems & Improvement Officer |
|
Section 54A |
Consulting with other agencies. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services Senior Policy Officer Business Services, Systems & Improvement Officer |
|
Section 55 |
Considering personal factors in response to an access application. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services Senior Policy Officer Business Services, Systems & Improvement Officer |
|
Section 55(5) |
Requiring evidence concerning personal factors. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services |
|
Section 56(3) |
Deciding whether authorised objector entitled to object and whether to include information in disclosure log. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services Senior Policy Officer Business Services, Systems & Improvement Officer |
|
Section 57 |
Determining time period for deciding access application. and notifying applicant of extension of time. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services Senior Policy Officer Business Services, Systems & Improvement Officer |
|
Section 58 |
Deciding access application. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services Senior Policy Officer |
|
Section 59 |
Deciding that information is already available to the applicant. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services Senior Policy Officer |
|
Section 60 |
Deciding to refuse to deal with access application. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services Senior Policy Officer |
|
Section 61 |
Giving notice of decision to refuse to provide access. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services Senior Policy Officer Business Services, Systems & Improvement Officer |
|
Section 62 |
Giving notice of processing charges. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services Senior Policy Officer Business Services, Systems & Improvement Officer |
|
Section 64 |
Imposing a processing charge for access application. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services |
|
Section 65 (see also cl. 10 of the regulations) |
Discounting processing charge for financial hardship. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services |
|
Section 66 |
Discounting processing charge for special public benefit. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services |
|
Section 67 |
Waiver of processing charge for personal information of the applicant. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services |
|
Section 68 |
Requiring advance payment of processing charge. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services |
|
Section 70 |
Refusing to deal with application because of failure to pay advance deposit. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services |
|
Section 71 |
Refunding advance deposit. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services |
|
Section 72 |
Providing forms of access to information. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services Senior Policy Officer Business Services, Systems & Improvement Officer |
|
Section 73 |
Providing conditional access to information. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services Senior Policy Officer Business Services, Systems & Improvement Officer |
|
Section 74 |
Deleting information from copy of record to be accessed. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services Senior Policy Officer Business Services, Systems & Improvement Officer |
|
Section 75 |
Providing access by creating a new record. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services Senior Policy Officer Business Services, Systems & Improvement Officer |
|
Section 76 |
Providing access to information not applied for. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services Senior Policy Officer Business Services, Systems & Improvement Officer |
|
Section 77(3) |
Extending the period to which access rights may be exercised. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services Senior Policy Officer Business Services, Systems & Improvement Officer |
|
Section 78 |
Deferring access to information. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services Senior Policy Officer Business Services, Systems & Improvement Officer |
|
Section 82 |
Conducting internal review. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services Senior Policy Officer |
|
Section 83(2) |
Accepting an application for internal review out of time. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services Senior Policy Officer |
|
Section 83(3) |
Acknowledging receipt of application for internal review. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services Senior Policy Officer Business Services, Systems & Improvement Officer |
|
Section 86 |
Deciding when to make internal review decision. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services |
|
Section 127 |
Waiving, reducing or refunding fees and charges. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services |
Instrument of Authorisation – Schedule 2
Privacy and Personal Information Protection Act 1988 (NSW)
|
Section |
Description of Function/ Power |
Officer |
|
Section 8 |
Collecting personal information for a lawful purpose. |
All officers of IPC |
|
Section 9 |
Collecting personal information directly from the person. |
All officers of IPC |
|
Section 10 |
Taking reasonable steps to notify person of specified factors when collecting personal information. |
All officers of IPC |
|
Section 11 |
Taking reasonable steps relating to collection of personal information. |
All officers of IPC |
|
Section 12 |
Ensuring retention and security of personal information. |
All officers of IPC |
|
Section 13 |
Taking reasonable steps to inform person about whether personal information held by agency. |
All officers of IPC |
|
Section 14 |
Providing access to personal information held by agency. |
All officers of IPC |
|
Section 15 |
Altering personal information on request. |
All officers of IPC |
|
Section 16 |
Checking accuracy of personal information before use. |
All officers of IPC |
|
Section 17 |
Using personal information in specified circumstances. |
All officers of IPC |
|
Sections 18 and 19 |
Disclosing personal information in specified circumstances. |
All officers of IPC |
|
Section 33 |
Preparing, amending and implementing of privacy management plan. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Investigation and Review Manager Systems and Corporate Services |
|
Section 47 |
Dealing with privacy complaints referred from the Privacy Commissioner. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Investigation and Review Manager Systems and Corporate Services |
|
Section 53 |
Conducting an internal review. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services Senior Policy Officer |
|
Section 54 |
Notifying Privacy Commissioner of internal review process and requesting Privacy Commissioner undertake internal review. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services |
Instrument of Authorisation – Schedule 3
Health Records and Information Privacy Act 2002 (NSW)
|
Section |
Description of Function/ Power |
Officer |
|
Section 21 |
Dealing with complaints about the conduct of the IPC. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Systems and Corporate Services Senior Policy Officer |
|
Section 40 |
Preparing and making of health privacy codes of practice. |
Director Investigation and Reporting Director, LCRA Manager Investigation and Review |
|
Section 59 |
Giving the Privacy Commissioner information. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Investigation and Review Manager Systems and Corporate Services |
|
Section 63 |
Giving the Privacy Commissioner information about compliance arrangements. |
Director Investigation and Reporting Director, LCRA Manager Investigation and Review Manager Systems and Corporate Services Senior Policy Officer Senior Regulatory Officer |
|
Section 73 |
Charging fees. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Investigation and Review Manager Systems and Corporate Services |
|
Clause 1, Sch 1 |
Collecting health information for a lawful purpose. |
All officers of IPC |
|
Clause 2, Sch 1 |
Taking reasonable steps relating to collection of health information. |
All officers of IPC |
|
Clause 3, Sch 1 |
Collecting health information directly from the person. |
All officers of IPC |
|
Clause 4, Sch 1 |
Taking reasonable steps to notify person of specified factors when collecting health information. |
All officers of IPC |
|
Clause 5, Sch 1 |
Ensuring retention and security of health information. |
All officers of IPC |
|
Clause 6, Sch 1 |
Taking reasonable steps to inform person about whether health information held by agency. |
All officers of IPC |
|
Clause 7, Sch 1 |
Providing access to health information held by agency. |
All officers of IPC |
|
Clause 8, Sch 1 |
Amending health information on request. |
All officers of IPC |
|
Clause 9, Sch 1 |
Checking accuracy of health information before use. |
All officers of IPC |
|
Clause 10, Sch 1 |
Using health information in specified circumstances. |
All officers of IPC |
|
Clause 11, Sch 1 |
Disclosing health information in specified circumstances. |
All officers of IPC |
|
Clause 12, Sch 1 |
Assigning identifiers. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Investigation and Review Manager Systems and Corporate Services Senior Policy Officer Senior Regulatory Officer |
|
Clause 14, Sch 1 |
Transborder data flows and data flow to Commonwealth agencies. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Investigation and Review Manager Systems and Corporate Services Senior Policy Officer Senior Regulatory Officer |
|
Clause 15, Sch 1 |
Linking of health records. |
Director Business Improvement Director Investigation and Reporting Director, LCRA Manager Investigation and Review Manager Systems and Corporate Services Senior Policy Officer Senior Regulatory Officer |
