Albury Wodonga Rugby Union Football Club 8174 Ashfield

ALBURY WODONGA RUGBY UNION FOOTBALL CLUB 8174 ASHFIELD CARNIVAL OF CULTURES 8174 ASSENT TO BILLS 8133 ASSISTED REPRODUCTIVE TECHNOLOGY AMENDMENT BILL 2016 8104, 8156 AUSTRALIAN ENERGY REGULATOR PRICING DECISION 8122 BERNIE BANTON FOUNDATION 8192 BIOFUELS AMENDMENT BILL 2016 8104, 8156 BROADMEADOW SPORTING FACILITIES 8179 BRUSSELS TERRORIST ATTACKS 8133 BUSINESS OF THE HOUSE 8104, 8135 CANCER COUNCIL DANCE FOR CANCER FUNDRAISER 8187 CANCER COUNCIL STARS OF THE NORTH FUNDRAISER 8188 CARL TRAD AND GOVERNMENT GRANTS 8135, 8137, 8139 CENTENARY OF ANZAC 8158 CENTENNIAL PARKLANDS STADIUM 8146 CENTRAL COAST COMMUNITY WOMEN'S HEALTH CENTRE 8173 CENTRAL COAST SCIENCE AND ENGINEERING CHALLENGE 8174 CHRISTINE CLAUSEN, OATLEY ELECTORATE LOCAL WOMAN OF THE YEAR 8178 COMMUNITY RECOGNITION STATEMENTS 8171 CRIMES (DOMESTIC AND PERSONAL VIOLENCE) AMENDMENT (NATIONAL DOMESTIC VIOLENCE ORDERS RECOGNITION) BILL 2016 8104 FAIRFIELD HIGH SCHOOL MURAL 8175 GOVERNMENT SERVICE DELIVERY 8135 GRAFTON RELAY FOR LIFE 8172 HARMONY DAY 8174 HENRY MAK CITY OF SYDNEY CHINESE NEW YEAR AMBASSADOR 8172 INDEPENDENT COMMISSION AGAINST CORRUPTION 8104 INVERELL HIGH SCHOOL FIRST XI CRICKET TEAM 8173 IRAQI CULTURAL FESTIVAL 8172 KIAMA NETBALL ASSOCIATION FUNDING 8186 KIRRAWEE HIGH SCHOOL WORLD'S GREATEST SHAVE FUNDRAISER 8171 LAYNE GRANT, SWIMMER 8171 LEGISLATION REVIEW COMMITTEE 8131 LEGISLATIVE ASSEMBLY COMMITTEE ON ENVIRONMENT AND PLANNING 8154 LEN SCANLAN AND NEW SOUTH WALES ELECTORAL COMMISSION 8142 LITTLE RIPPER DRONE CHOPPER 8174 LOCAL GOVERNMENT AMALGAMATIONS 8167 MALIBU BOATS 8193 MARK HICKEY BRAVERY AWARD 8171 MCDONALD'S COROWA AUSTRALIAN BILLY CART CHAMPIONSHIPS 8174 MIRANDA ELECTORATE DEVELOPMENTS 8181 MURUGAN TEMPLE CHARIOT FESTIVAL 8172 NEW SOUTH WALES REFORM 8146 NORTH COAST ICE EPIDEMIC 8178 OMBUDSMAN 8104 ORGAN TRANSPLANTS 8117 PETITIONS 8154 PRIVACY AND PERSONAL INFORMATION PROTECTION AMENDMENT (STATE OWNED CORPORATIONS) BILL 2016 8105 PRIVATE MEMBERS' STATEMENTS 8177 PUBLIC ACCOUNTS COMMITTEE 8130 QUESTION TIME 8135 REBEKAH OLIVER, NATIONAL SCHOOLS CONSTITUTIONAL CONVENTION 8178 REGIONAL INVESTMENT 8138 REPRESENTATION OF MINISTER ABSENT DURING QUESTIONS 8133 ROSEVILLE MEMORIAL CLUB 8175 ROUSE HILL RURAL FIRE BRIGADE 8183 SESSIONAL ORDERS 8148 SHELLHARBOUR ELECTORATE INFRASTRUCTURE 8177 SMALL BUSINESS COMMISSIONER 8104 SOCIAL HOUSING 8144 ST JOSEPH'S HIGH SCHOOL, ABERDEEN, STUDENT LEADERS 8173 ST PATRICK'S COLLEGE STRATHFIELD STUDENT LEADERS 8173 STANDING ORDERS AND PROCEDURE COMMITTEE 8148 STANDING ORDERS 8152 STATE ECONOMY 8141 TECHNICAL AND FURTHER EDUCATION AMENDMENT (TAFE FUNDING GUARANTEE) BILL 2016 8106 TELOPEA COMMUNITY GROUPS 8180 THE HILLTOPS PHOENIX 8173 TIGER CORPORATION 8175 TRIBUTE TO ADRIAN PRYKE 8134 TRIBUTE TO CLARE GRUBBA 8175 TRIBUTE TO CURTIS CHENG 8129 TRIBUTE TO DON IVERSON 8176 TRIBUTE TO LADY DOROTHY CUTLER, OBE 8175 TRIBUTE TO PABLO GRANA 8185 TUNCURRY LONE PINE MEMORIAL PARK SECURITY LIGHTING 8184 TWEED HEADS NAVAL TRAINING UNIT 8191 VISITORS 8133 VIVIENNE MILLER, HORNSBY ELECTORATE LOCAL WOMAN OF THE YEAR 8176 WESTCONNEX 8189 WESTMEAD, WENTWORTHVILLE AND CONSTITUTION HILL FACILITIES 8191 WOODFORD ACADEMY 8171 WYONG SPECIAL AREA (PROTECTION) BILL 2015 8108 ZAYA TOMA LIBERAL PARTY MEMBERSHIP 8141 LEGISLATIVE ASSEMBLY Wednesday 23 March 2016 __________ The Speaker (The Hon. Shelley Elizabeth Hancock) took the chair at 10.00 a.m. The Speaker read the Prayer and acknowledgement of country. ASSISTED REPRODUCTIVE TECHNOLOGY AMENDMENT BILL 2016 BIOFUELS AMENDMENT BILL 2016 Messages received from the Legislative Council returning the bills with amendments. Consideration of Legislative Council's amendments set down as orders of the day for a later hour. CRIMES (DOMESTIC AND PERSONAL VIOLENCE) AMENDMENT (NATIONAL DOMESTIC VIOLENCE ORDERS RECOGNITION) BILL 2016 Message received from the Legislative Council returning the bill without amendment. INDEPENDENT COMMISSION AGAINST CORRUPTION Report The Speaker tabled, pursuant to section 78 of the Independent Commission Against Corruption Act 1988, a report of the Independent Commission Against Corruption entitled "Investigation into the conduct of a Mine Subsidence Board district manager", dated March 2016. Ordered to be printed. OMBUDSMAN Report The Speaker tabled, pursuant to section 31AA of the Ombudsman Act 1974, a report of the NSW Ombudsman entitled "Oversight of the Public Interest Disclosures Act 1994, Annual Report 2014-2015", dated March 2016. Ordered to be printed. SMALL BUSINESS COMMISSIONER Report The Speaker tabled, pursuant to section 28 of the Small Business Commissioner Act 2013, a report of the Office of the NSW Small Business Commissioner for 2015. Ordered to be printed. BUSINESS OF THE HOUSE Notices of Motions General Business Notices of Motions (General Notices) given. PRIVACY AND PERSONAL INFORMATION PROTECTION AMENDMENT (STATE OWNED CORPORATIONS) BILL 2016 Second Reading Debate resumed from 17 March 2016. Mr PAUL LYNCH (Liverpool) [10.15 a.m.]: The arguments for the proposition in this bill are simple and compelling and are well put in the Privacy Commissioner's report under section 61B of the Privacy and Personal Information Protection Act. The NSW State Owned Corporations holds significant amounts of personal information concerning citizens of this State. Most State agencies, government departments, local councils, universities and so on are subject to the provisions of the Privacy and Personal Information Protection Act; however, State-owned corporations [SOCs] are exempt from this legislation. The justification for the exclusion of SOCs from the Privacy and Personal Information Protection Act was to create a level playing field between other commercial operations and SOCs. In the almost two decades since these legislative provisions were introduced things have changed. There is now a privacy regime at the Federal level, which is set out under the Commonwealth Privacy Act. Section 6F of that Act allows New South Wales SOCs to opt into the Commonwealth privacy regime; if they do not opt in they are excluded. Three New South Wales SOCs are prescribed organisations under the Act and thus covered by it. This gives rise to the anomalous position that citizens who are customers of these SOCs have the benefit of legislative protections but consumers and customers of other SOCs do not. Moreover, the SOCs claim that they are behaving in a proper and responsible manner, that is, as if they were morally bound by such privacy regimes. The SPEAKER: Order! There is too much audible conversation in the Chamber. Hansard will have trouble hearing the member with the call. The member for Liverpool will be heard in silence. Mr PAUL LYNCH: I quote from the Privacy Commissioner's report: Review of annual reports and privacy policies show that the majority of SOCs state they comply with either Commonwealth or NSW privacy legislation. A number of SOCs including Sydney Water, Water NSW and TransGrid, refer to being bound with IPPs in the PPIP Act. Other SOCs refer to being bound to the Privacy Act 1988 (Cth) including TransGrid, Landcom and the Forestry Corporation although not prescribed under the Privacy Act 1988 (Cth). There is a significant and undesirable inconsistency between SOCs covered by the Commonwealth regime and those that are not. The Privacy Commissioner records that this discrepancy was noted in the Department of Premier and Cabinet's 2014 response to her invitation to comment on the operation of the Privacy and Personal Information Protection Act. The fact that SOCs say they behave as if covered by privacy legislation even though not legally bound to do so is, of course, a good thing. It also means, presumably, that there is no extra regulatory or cost burden to be imposed if this were to be made legally binding—that is, if they are doing it already it should make no difference if the legislation is extended. Whilst the fact that SOCs proclaim their voluntary compliance is a good thing, it is not the same as being legally bound and, as the Privacy Commissioner pointed out, it does not provide the external review of complaints handling that is available under the legislation. When the legislation was initially adopted SOCs were excluded. This was argued on the basis that SOCs should not be at a disadvantage compared to other corporations that were not covered by privacy legislation. Things have evolved since then. A significant number of corporations are included within the Commonwealth scheme, based upon their size. So the argument that SOCs should not be covered by privacy legislation because the private sector is not covered does not have the strength it once did. Additionally, expectations about SOCs have altered somewhat. As the Privacy Commissioner points out, section 3 (1) (g) of the Government Sector Employment Act specifically includes SOCs in the definition of the "government sector". They are covered under the freedom of information regime of the Government Information (Public Access) Act. I note that the Information Commissioner has recently reported a 100 per cent compliance rate by SOCs to that regime. The primary reason for extending the purview of the Privacy and Personal Information Protection Act is, of course, a matter of principle. To once again quote from the Privacy Commissioner: This regulatory gap in SOCs' responsibility for the personal information they collect, use and hold results in inconsistent privacy protections for consumers. This needs to be addressed as the community has heightened concerns around the collection, storage, use, and

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