Privacy Commissioner's Instrument of Delegation of Authority

You can read the document below or download it here Privacy Commissioner's Instrument of Delegation of Authority Privacy and Personal Information Protection Act 1998 and Health Records and Information Privacy Act 2002

Instrument of Delegation

Privacy and Personal Information Protection Act 1998 (NSW) and Health Records and Information Privacy Act 2002 (NSW)

I, Samantha Gavel, Privacy Commissioner, under section 35H of the Privacy and Personal Information Protection Act 1998 (NSW) (PPIP Act), do, by this instrument, revoke all previous delegations made under that Act and delegate the exercise and performance of matters arising under, or incidental to the functions, authorities, duties and powers set out in Schedule 1 and Schedule 2 to this instrument, to the officers set out in those schedules.

The Privacy Commissioner has such functions as may be conferred or imposed on the Commissioner  under the PPIP Act or any other Act: section 36(1), PPIP Act.

This instrument delegates the functions, authorities, duties and powers of the Privacy Commissioner under:

  • Privacy and Persona/Information  Protection Act  1998 (NSW)
  • Health Records and Information Privacy Act 2002 (NSW) (HRIP Act)

The delegates may not sub-delegate.

This instrument takes  effect from  the  date  it is executed. It consists of this page and 16 pages containing Schedule 1 and Schedule 2.

This delegation will continue until revoked notwithstanding the termination of my office as Privacy Commissioner.

Samantha Gavel

Privacy Commissioner

Date: 27/11/2018  

Instrument of Delegation - Schedule 1

Privacy and Persona/Information Protection Act 1998 (NSW)

 

Column 1

Column 2

Column 3

Delegation No
Section
Description of Function/ Power
 
Officer

1

Section 36(2)(a)

Promoting the adoption and monitoring compliance with the information protection principles.

Director Business Improvement

Director Investigation and Reporting

 Assistant Director, LCRA

Manager Investigation and Review

Senior Project Officer

Senior Investigation and Review Officer

 Legal Officer Ill

 Investigation and Review Officer

 

2

Section 36(2)(b)

Preparing and publishing guidelines relating to the protection of personal information and other privacy matters, and promoting the adoption of such guidelines.

Director Investigation and

Reporting

Assistant Director, LCRA Manager Investigation and

Review

Manager, Communications  & Corporate Affairs

 

3

Section 36(2) (k), PPIP Act

To receive complaints about privacy related matters (including a complaint to which Part 5 applies)

Intake and Review Officers

Senior Project Officers, Performance Reporting and Projects

Manager, Performance Reporting and Projects

Investigation and Review Officers

Senior Investigation and Review Officers

Manager, Investigation and Review

Principal Review Officer

Director, Investigation and Reporting

Director, Business Improvement

 

4

Section 37, PPIP Act

To require any person or public service agency to give a statement  of information, to produce a document  or other thing and to give a copy of any document to allow the exercise of the delegated functions of the Privacy Commissioner

Manager, Investigation and Review

Principal Review Officer

Director, Investigation and Reporting

Director, Business Improvement

 

5

Section 45(4), PPIP Act

To require information about a complaint to be provided in a particular form or manner

Enquiry and Promotion Officers

Intake and Review Officers

Senior Project Officers, Performance Reporting and Projects

Manager, Performance Reporting and Projects

Investigation and Review Officers

Senior Investigation and Review Officers

Manager, Investigation and Review

Principal Review Officer

Director, Investigation and Reporting

Director, Business Improvement

 

6

Section 46(1), PPIP Act

To conduct a preliminary assessment of a complaint for the purposes of deciding how to deal with a complaint

Senior Project Officers, Performance Reporting and Projects

Manager, Performance Reporting and Projects

Investigation and Review Officers

Senior Investigation and Review Officers

Manager, Investigation and Review

Principal Review Officer

Director, Investigation and Reporting

Director, Business Improvement

7

Section 47, PPIP Act

To refer complaints to any person considered appropriate in the circumstances

Senior Project Officers, Performance Reporting and Projects

Manager, Performance Reporting and Projects

Investigation and Review Officers

Senior Investigation and Review Officers

Manager, Investigation and Review

Principal Review Officer

Director, Investigation and Reporting

Director, Business Improvement

8

Section 48(1), PPIP Act

To deal with a privacy complaint

Senior Project Officers, Performance Reporting and Projects

Manager, Performance Reporting and Projects

Investigation and Review Officers

Senior Investigation and Review Officers

Manager, Investigation and Review

Principal Review Officer

Director, Investigation and Reporting

Director, Business Improvement

9

Section 48(2), PPIP Act

To decline to deal with a privacy complaint

Senior Project Officers, Performance Reporting and Projects

Manager, Performance Reporting and Projects

Investigation and Review Officers

Senior Investigation and Review Officers

Manager, Investigation and Review

Principal Review Officer

Director, Investigation and Reporting

Director, Business Improvement

10

Section 49, PPIP Act

To conciliate a privacy complaint

Senior Project Officers, Performance Reporting and Projects

Manager, Performance Reporting and Projects

Investigation and Review Officers

Senior Investigation and Review Officers

Manager, Investigation and Review

Principal Review Officer

Director, Investigation and Reporting

Director, Business Improvement

11

Section 53, PPIP Act

To receive an application for internal review  under Part 5

Enquiry and Promotion Officers

Intake and Review Officers

Senior Project Officers, Performance Reporting and Projects

Manager, Performance Reporting and Projects

Investigation and Review Officers

Senior Investigation and Review Officers

Manager, Investigation and Review

Principal Review Officer

Director, Investigation and Reporting

Director, Business Improvement

 

12

Section 54, PPIP Act

To make submissions on an internal review report prepared  under Part 5

Senior Project Officers, Performance Reporting and Projects

Manager, Performance Reporting and Projects

Investigation and Review Officers

Senior Investigation and Review Officers

Manager, Investigation and Review

Principal Review Officer

Director, Investigation and Reporting

Director, Business Improvement

13

Section 21, HRIP Act

To receive complaints about the conduct of public sector agencies concerning health information to which Part 5 of the PPIP Act applies

Enquiry and Promotion Officers

Intake and Review Officers

Senior Project Officers, Performance Reporting and Projects

Manager, Performance Reporting and Projects

Investigation and Review Officers

Senior Investigation and Review Officers

Manager, Investigation and Review

Principal Review Officer

Director, Investigation and Reporting

Director, Business Improvement

 

14

Section 42, HRIP Act

To receive health related complaints against private sector persons

Enquiry and Promotion Officers

Intake and Review Officers

Senior Project Officers, Performance Reporting and Projects

Manager, Performance Reporting and Projects

Investigation and Review Officers

Senior Investigation and Review Officers

Manager, Investigation and Review

Principal Review Officer

Director, Investigation and Reporting

Director, Business Improvement

 

15

Section 43(1), HRIP Act

To conduct a preliminary assessment of a health related complaint for the purposes of deciding how to deal with a complaint

Senior Project Officers, Performance Reporting and Projects

Manager, Performance Reporting and Projects

Investigation and Review Officers

Senior Investigation and Review Officers

Manager, Investigation and Review

Principal Review Officer

Director, Investigation and Reporting

Director, Business Improvement

16

Section 44, HRIP Act

To decide if there is a prima facie case that the respondent contravened a Heath Privacy Principle a provision of Part or a health privacy code of practice

Senior Project Officers, Performance Reporting and Projects

Manager, Performance Reporting and Projects

Investigation and Review Officers

Senior Investigation and Review Officers

Manager, Investigation and Review

Principal Review Officer

Director, Investigation and Reporting

Director, Business Improvement

17

Section 58(e ), HRIP Act

To provide advice on matters relating to the protection of health information and the privacy of individuals

Senior Project Officers, Performance Reporting and Projects

Manager, Performance Reporting and Projects

Investigation and Review Officers

Senior Investigation and Review Officers

Manager, Investigation and Review

Principal Review Officer

Director, Investigation and Reporting

Director, Business Improvement

18

Section 59, HRIP Act

To require any person or public service agency to give a statement  of information, to produce a document  or other thing and to give a copy of any document to allow the exercise of the delegated functions of the Privacy Commissioner

Manager, Investigation and Review

Principal Review Officer

Director, Investigation and Reporting

Director, Business Improvement

 

19

Section 65, HRIP Act

To refer complaints to the Health Care Complaints Commission if the complaint concerns the professional conduct of a health service provider or a health service that affects the clinical management or care of a person who uses or receives a health service (including  a patient)

Manager, Investigation and Review

Principal Review Officer

Director, Investigation and Reporting

Director, Business Improvement

20

Section 66, HRIP Act

To refer a complaint to the Commonwealth Privacy Commissioner if it appears the complaint should be dealt with by the Commonwealth Privacy Commissioner

Manager, Investigation and Review

Principal Review Officer

Director, Investigation and Reporting

Director, Business Improvement

21

Section 67, HRIP Act

To refer complaints to any person considered appropriate in the circumstances

Senior Project Officers, Performance Reporting and Projects

Manager, Performance Reporting and Projects

Investigation and Review Officers

Senior Investigation and Review Officers

Manager, Investigation and Review

Principal Review Officer

Director, Investigation and Reporting

Director, Business Improvement

These delegations continue until such time as they are replaced or revoked.

SIGNED:

Paul McKnight

ACTING PRIVACY COMMISSIONER

DATE: