Direction relating to Child Protection Watch Team Trial

This Direction applied to agencies participating in the Child Protection Watch Team Trial (CPWT). It was made on 7 August 2006 and had effect until the completion of the CPWT Trial.

I, John Dickie, Acting Privacy Commissioner, pursuant to my power under section 41 of the Privacy and Personal Information Protection Act 1998 ('the PPIP Act'), hereby direct as follows:

Background

The Child Protection Watch Team (CPWT) trial is a project involving a number of public sector agencies which have functions effecting the management of high-risk offenders who are 'registrable persons' within the meaning of the Child Protection (Offenders Registration) Act 2000. The aim of the CPWT trial is to monitor and manage registrable persons who are referred to the CPWT because they pose a high risk of re-offending violently or sexually against children. In order for the CPWT trial to monitor and manage referred persons effectively, it is necessary for the participating public sector agencies to collect, use and disclose personal information for the purposes of the trial.

Public interest

This direction has been made to allow the public sector agencies involved in the CPWT trial to collect, hold, use and disclose personal information for the purposes of the CPWT trial by creating certain exemptions from the Information Protection Principles ('IPPs') in the PPIP Act. I am satisfied that the public interest in making this direction to enable the implementation of the CPWT trial is greater than the public interest in requiring the agencies to comply with the IPPs as referred to in the provisions below.

Coverage

This direction covers each public sector agency, as defined in s.3 of the PPIP Act, which is listed in the Schedule to this direction.

Provisions

1. The public sector agencies covered by this direction, in collecting, holding, using and disclosing personal information in a manner which is reasonably necessary for the management of a case by the CPWT, need not comply with:

(a) section 8(1) of the PPIP Act, but only to the extent that the agencies may collect personal information for a lawful purpose that is not directly relation to a function or activity of the agency;
(b) sections 9, 10, 13, 14, 15, or 17 of the PPIP Act; or
(c) sections 18 or 19 of the PPIP Act, as long as disclosure is limited to agencies covered by this direction.

Duration

This direction has effect until the completion of the CPWT trial.

Signed by me on this 7th day of August 2006.

John Dickie
Acting Privacy Commissioner

Schedule - public sector agencies covered by this direction

NSW Police

Department of Community Services

Department of Corrective Services

Department of Juvenile Justice

Department of Ageing, Disability and Home Care

Department of Health

Department of Housing

Department of Education and Training

Sydney South West Area Health Service