IPC CEO - Instrument of Authorisation

Read the full document below or download it here IPC CEO - Instrument of Authorisation May 2019

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:   29 May 2019

 

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

Assistant 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

Assistant Director, LCRA

Manager Systems and Corporate Services

Section 8

Informal release of government information.

Director Business Improvement

Director Investigation and Reporting

Assistant 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

Assistant Director, LCRA

Manager Systems and Corporate Services

Senior Project Officer

Section 16

Providing advice and assistance to persons who request government information.

Director Business Improvement

Director Investigation and Reporting

Assistant Director, LCRA

Manager Systems and Corporate Services

Senior Project 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

Assistant Director, LCRA

Manager Systems and Corporate Services

Senior Project Officer

Business Services, Systems & Improvement Officer

Section 21

Reviewing, amending and updating Agency Information guide.

Director Business Improvement

Director Investigation and Reporting

Assistant Director, LCRA

Manager Systems and Corporate Services

Senior Project Officer

Business Services, Systems & Improvement Officer

Section 25

Keeping a disclosure log.

Director Business Improvement

Director Investigation and Reporting

Assistant Director, LCRA

Manager Systems and Corporate Services

Section 26

Recording certain information in the disclosure log.

Director Business Improvement

Director Investigation and Reporting

Assistant 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

Assistant 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

Assistant Director, LCRA

Manager Systems and Corporate Services

Section 35

Publishing register on the Government tenders website.

Director Business Improvement

Director Investigation and Reporting

Assistant 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

Assistant 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

Assistant 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

Assistant Director, LCRA

Manager Systems and Corporate Services

Section 45

Transferring access application (agency-initiated).

Director Business Improvement

Director Investigation and Reporting

Assistant Director, LCRA

Manager Systems and Corporate Services

Senior Project Officer

Business Services, Systems & Improvement Officer

Section 46

Transferring access application (applicant-initiated).

Director Business Improvement

Director Investigation and Reporting

Assistant Director, LCRA

Manager Systems and Corporate Services

Senior Project Officer

Business Services, Systems & Improvement Officer

Section 47

Giving notice of transfer.

Director Business Improvement

Director Investigation and Reporting

Assistant Director, LCRA

Manager Systems and Corporate Services

Senior Project Officer

Business Services, Systems & Improvement Officer

Section 49(3)

Giving notice about amendment of access application.

Director Business Improvement

Director Investigation and Reporting

Assistant Director, LCRA

Manager Systems and Corporate Services

Senior Project Officer

Business Services, Systems & Improvement Officer

Section 50(3)

Giving notice about withdrawal of application.

Director Business Improvement

Director Investigation and Reporting

Assistant Director, LCRA

Manager Systems and Corporate Services

Senior Project Officer

Business Services, Systems & Improvement Officer

Section 51

Making an initial decision as to validity of application.

Director Business Improvement

Director Investigation and Reporting

Assistant Director, LCRA

Manager Systems and Corporate Services

Senior Project Officer

Section 51A

Deciding to waive, reduce or refund application fees.

Director Business Improvement

Director Investigation and Reporting

Assistant Director, LCRA

Manager Systems and Corporate Services

Section 52

Providing assistance with invalid applications.

Director Business Improvement

Director Investigation and Reporting

Assistant Director, LCRA

Manager Systems and Corporate Services

Senior Project Officer

Business Services, Systems & Improvement Officer

Section 53

Undertaking reasonable searches for information held by the agency.

Director Business Improvement

Director Investigation and Reporting

Assistant Director, LCRA

Manager Systems and Corporate Services

Senior Project 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

Assistant Director, LCRA

Manager Systems and Corporate Services

Senior Project Officer

Business Services, Systems & Improvement Officer

Section 54A

Consulting with other agencies.

Director Business Improvement

Director Investigation and Reporting

Assistant Director, LCRA

Manager Systems and Corporate Services

Senior Project Officer

Business Services, Systems & Improvement Officer

Section 55

Considering personal factors in response to an access application.

Director Business Improvement

Director Investigation and Reporting

Assistant Director, LCRA

Manager Systems and Corporate Services

Senior Project Officer

Business Services, Systems & Improvement Officer

Section 55(5)

Requiring evidence concerning personal factors.

Director Business Improvement

Director Investigation and Reporting

Assistant 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

Assistant Director, LCRA

Manager Systems and Corporate Services

Senior Project 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

Assistant Director, LCRA

Manager Systems and Corporate Services

Senior Project Officer

Business Services, Systems & Improvement Officer

Section 58

Deciding access application.

Director Business Improvement

Director Investigation and Reporting

Assistant Director, LCRA

Manager Systems and Corporate Services

Senior Project Officer

Section 59

Deciding that information is already available to the applicant.

Director Business Improvement

Director Investigation and Reporting

Assistant Director, LCRA

Manager Systems and Corporate Services

Senior Project Officer

Section 60

Deciding to refuse to deal with access application.

Director Business Improvement

Director Investigation and Reporting

Assistant Director, LCRA

Manager Systems and Corporate Services

Senior Project Officer

Section 61

Giving notice of decision to refuse to provide access.

Director Business Improvement

Director Investigation and Reporting

Assistant Director, LCRA

Manager Systems and Corporate Services

Senior Project Officer

Business Services, Systems & Improvement Officer

Section 62

Giving notice of processing charges.

Director Business Improvement

Director Investigation and Reporting

Assistant Director, LCRA

Manager Systems and Corporate Services

Senior Project Officer

Business Services, Systems & Improvement Officer

Section 64

Imposing a processing charge for access application.

Director Business Improvement

Director Investigation and Reporting

Assistant 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

Assistant Director, LCRA

Manager Systems and Corporate Services

Section 66

Discounting processing charge for special public benefit.

Director Business Improvement

Director Investigation and Reporting

Assistant 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

Assistant Director, LCRA

Manager Systems and Corporate Services

Section 68

Requiring advance payment of processing charge.

Director Business Improvement

Director Investigation and Reporting

Assistant 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

Assistant Director, LCRA

Manager Systems and Corporate Services

Section 71

Refunding advance deposit.

Director Business Improvement

Director Investigation and Reporting

Assistant Director, LCRA

Manager Systems and Corporate Services

Section 72

Providing forms of access to information.

Director Business Improvement

Director Investigation and Reporting

Assistant Director, LCRA

Manager Systems and Corporate Services

Senior Project Officer

Business Services, Systems & Improvement Officer

Section 73

Providing conditional access to information.

Director Business Improvement

Director Investigation and Reporting

Assistant Director, LCRA

Manager Systems and Corporate Services

Senior Project Officer

Business Services, Systems & Improvement Officer

Section 74

Deleting information from copy of record to be accessed.

Director Business Improvement

Director Investigation and Reporting

Assistant Director, LCRA

Manager Systems and Corporate Services

Senior Project Officer

Business Services, Systems & Improvement Officer

Section 75

Providing access by creating a new record.

Director Business Improvement

Director Investigation and Reporting

Assistant Director, LCRA

Manager Systems and Corporate Services

Senior Project Officer

Business Services, Systems & Improvement Officer

Section 76

Providing access to information not applied for.

Director Business Improvement

Director Investigation and Reporting

Assistant Director, LCRA

Manager Systems and Corporate Services

Senior Project 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

Assistant Director, LCRA

Manager Systems and Corporate Services

Senior Project Officer

Business Services, Systems & Improvement Officer

Section 78

Deferring access to information.

Director Business Improvement

Director Investigation and Reporting

Assistant Director, LCRA

Manager Systems and Corporate Services

Senior Project Officer

Business Services, Systems & Improvement Officer

Section 82

Conducting internal review.

Director Business Improvement

Director Investigation and Reporting

Assistant Director, LCRA

Manager Systems and Corporate Services

Senior Project Officer

Section 83(2)

Accepting an application for internal review out of time.

Director Business Improvement

Director Investigation and Reporting

Assistant Director, LCRA

Manager Systems and Corporate Services

Senior Project Officer

Section 83(3)

Acknowledging receipt of application for internal review.

Director Business Improvement

Director Investigation and Reporting

Assistant Director, LCRA

Manager Systems and Corporate Services

Senior Project Officer

Business Services, Systems & Improvement Officer

Section 86

Deciding when to make internal review decision.

Director Business Improvement

Director Investigation and Reporting

Assistant Director, LCRA

Manager Systems and Corporate Services

Section 127

Waiving, reducing or refunding fees and charges.

Director Business Improvement

Director Investigation and Reporting

Assistant 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

Assistant 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

Assistant Director, LCRA

Manager Investigation and Review

Manager Systems and Corporate Services

Section 53

Conducting an internal review.

Director Business Improvement

Director Investigation and Reporting

Assistant Director, LCRA

Manager Systems and Corporate Services

Senior Project Officer

Section 54

Notifying Privacy Commissioner of internal review process and requesting Privacy Commissioner undertake internal review.

Director Business Improvement

Director Investigation and Reporting

Assistant 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

Assistant Director, LCRA

Manager Systems and Corporate Services

Senior Project Officer

Section 40

Preparing and making of health privacy codes of practice.

Director Investigation and Reporting

Assistant Director, LCRA

Manager Investigation and Review

Section 59

Giving the Privacy Commissioner information.

Director Business Improvement

Director Investigation and Reporting

Assistant 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

Assistant Director, LCRA

Manager Investigation and Review

Manager Systems and Corporate Services

Senior Project Officer

Senior Regulatory Officer

Section 73

Charging fees.

Director Business Improvement

Director Investigation and Reporting

Assistant 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

Assistant Director, LCRA

Manager Investigation and Review

Manager Systems and Corporate Services

Senior Project Officer

Senior Regulatory Officer

Clause 14, Sch 1

Transborder data flows and data flow to Commonwealth agencies.

Director Business Improvement

Director Investigation and Reporting

Assistant Director, LCRA

Manager Investigation and Review

Manager Systems and Corporate Services

Senior Project Officer

Senior Regulatory Officer

Clause 15, Sch 1

Linking of health records.

Director Business Improvement

Director Investigation and Reporting

Assistant Director, LCRA

Manager Investigation and Review

Manager Systems and Corporate Services

Senior Project Officer

Senior Regulatory Officer