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ARTICLE · 21 SEPTEMBER 2016

NSW Government Bulletin - 14 September 2016

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This bulletin has links to media releases, reports, cases, legislation and issues of interest to NSW government lawyers.

AustraliaGovernment, Public Sector

On 5 September 2016, the NSW Court of Appeal handed down its decision in AQO v Minister for Finance and Services [2016] NSWCA 248, which was an appeal from a decision of the NCAT Appeal Panel.

The facts and decision of the NCAT Appeal Panel can be found here in a previous edition of our Bulletin. In summary, the NCAT Appeal Panel concluded that the Minister did not fall within the concept of "a person or body" in the definition of "public sector agency" in section 3(1) of the Privacy and Personal Information Protection Act 1998 (NSW) (PPIP Act) and in section 4(1) of the Health Records and Information Privacy Act 2002 (NSW) (HRIP Act).

Relevantly the above Acts provide that "public sector agency" means any of the following:

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