Privacy and Responsible Information Sharing Act 2024
Privacy and Responsible Information Sharing (Information Sharing) Regulations 2025
Privacy and Responsible Information Sharing Act 2024
Privacy and Responsible Information Sharing (Information Sharing) Regulations 2025
Western Australia
Privacy and Responsible Information Sharing (Information Sharing) Regulations 2025
Contents
Part 1 — Preliminary
1.Citation1
2.Commencement1
Part 2 — Privacy and Responsible Information Sharing Advisory Committee
Division 1 — Preliminary
3.Terms used2
Division 2 — Membership
Subdivision 1 — Chairperson and deputy chairperson
4.Chairperson2
5.Deputy chairperson3
Subdivision 2 — Ordinary members
6.When person ceases to be ordinary member3
7.Resignation from office3
8.Removal from office4
9.Remuneration and allowances4
10.Leave of absence4
Division 3 — Meetings and proceedings
11.Holding meetings5
12.Quorum5
13.Presiding member5
14.Attendance by other persons5
15.Remote attendance5
16.Voting6
17.Minutes6
18.Resolution without meeting6
Division 4 — Material personal interests of Committee members
19.Chief Data Officer7
20.Disclosure of material personal interest7
21.Determination of material personal interest7
22.Committee member with material personal interest disqualified from participating8
23.Regulation 22 may be declared inapplicable9
24.Quorum where member cannot participate9
Part 3 — Chief Data Officer guidelines
25.Making Chief Data Officer guidelines publicly available10
Defined terms
Privacy and Responsible Information Sharing Act 2024
Privacy and Responsible Information Sharing (Information Sharing) Regulations 2025
Made by the Governor in Executive Council.
These regulations come into operation on 1 July 2025.
Part 2 — Privacy and Responsible Information Sharing Advisory Committee
In this Part —
chairperson means the person appointed under regulation 4(1) as chairperson of the Committee;
Committee means the Privacy and Responsible Information Sharing Advisory Committee established under section 204(1) of the Act;
Committee member means a person referred to in section 204(2)(a), (b) or (c) of the Act;
deputy chairperson means the person, if any, appointed under regulation 5(1) as deputy chairperson of the Committee;
meeting means a meeting of the Committee;
ordinary member means a person appointed under section 204(2)(c) of the Act.
Subdivision 1 — Chairperson and deputy chairperson
(1)The Information Sharing Minister must appoint an ordinary member as chairperson of the Committee.
(2)A person who has been appointed as chairperson is eligible for reappointment.
(1)The Information Sharing Minister may appoint an ordinary member (other than the chairperson) as deputy chairperson of the Committee.
(2)A person who has been appointed as deputy chairperson is eligible for reappointment.
(3)If a deputy chairperson has been appointed and the chairperson is unable to act because of sickness, absence or another cause, the deputy chairperson must act in the chairperson’s place.
(4)An act or omission of the deputy chairperson acting in the chairperson’s place cannot be questioned on the ground that the occasion to act in the chairperson’s place had not arisen or had ceased.
Subdivision 2 — Ordinary members
6.When person ceases to be ordinary member
A person ceases to be an ordinary member if the person —
(a)dies; or
(b)resigns under regulation 7; or
(c)is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or
(d)is convicted of an offence punishable by imprisonment for more than 12 months; or
(e)is removed from office by the Information Sharing Minister under regulation 8.
(1)An ordinary member may resign from office by giving written notice to the Information Sharing Minister.
(2)Subject to subregulation (3), the resignation takes effect when the Information Sharing Minister receives the notice.
(3)If the notice specifies that the resignation takes effect on a day that is after the day on which the Information Sharing Minister receives the notice, the resignation takes effect on the specified day.
The Information Sharing Minister may, after consulting with the Privacy Minister, remove an ordinary member from office on any of the following grounds —
(a)neglect of duty;
(b)misconduct or incompetence;
(c)mental or physical incapacity, other than temporary illness, impairing the member’s performance of their duties;
(d)absence, without leave, from 3 consecutive meetings of which the member had notice.
An ordinary member is entitled to be paid any remuneration and allowances determined in relation to that member by the Information Sharing Minister on the recommendation of the Public Sector Commissioner.
(1)The Committee may, on the terms and conditions determined by the Committee, grant an ordinary member leave to be absent from office.
(2)The Information Sharing Minister may, on the terms and conditions determined by the Information Sharing Minister, grant an ordinary member leave to be absent from office.
Division 3 — Meetings and proceedings
(1)The first meeting must be held at a time and place determined by the chairperson.
(2)Subsequent meetings must be held at times and places determined by the Committee.
(3)A special meeting of the Committee may at any time be convened by the chairperson.
(1)If there are 4 or 5 Committee members, the quorum is 3.
(2)If there are 6 or 7 Committee members, the quorum is 4.
(1)The chairperson, if present, must preside at a meeting.
(2)If neither the chairperson nor the deputy chairperson acting in the chairperson’s place is present at a meeting, the Committee members present must elect 1 of their number to preside at the meeting.
14.Attendance by other persons
If the Committee agrees, a person other than a Committee member may be present at a meeting.
(1)Subject to subregulation (2), the presence of a person at a meeting need not be by attendance in person but may be by that person and each other person at the meeting being simultaneously in contact by telephone, audiovisual communication or other means of instantaneous communication.
(2)The Committee may require a person to be present at a meeting in person.
(1)Each Committee member present at a meeting has a deliberative vote unless regulation 22(1)(b) prevents the member from voting.
(2)All questions at a meeting are to be decided by a majority of the votes of the Committee members present.
(3)If the votes are cast in relation to a question and there is an equality of votes, the question is determined in the negative.
The Committee must ensure accurate minutes are kept of the proceedings at a meeting.
(1)A resolution in writing signed or otherwise assented to in writing by a quorum of the Committee, as provided under regulation 12 or 24(1) (whichever applies), has the same effect as if it had been passed at a meeting.
(2)The resolution must be recorded in the minutes of the next meeting.
(3)A resolution cannot be signed or assented to under this regulation at a time when the chairperson is unable to act and there is no deputy chairperson acting in the chairperson’s place under regulation 5(3).
Division 4 — Material personal interests of Committee members
The Chief Data Officer does not have a material personal interest in a matter being considered or about to be considered by the Committee merely because the matter relates to giving advice to the Chief Data Officer in the performance of the Committee’s functions under section 205 of the Act.
20.Disclosure of material personal interest
(1)A Committee member who has a material personal interest in a matter being considered or about to be considered by the Committee must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest to the Committee.
Penalty for this subregulation: a fine of $1 000.
(2)If the Committee member discloses the interest at a meeting, the Committee must ensure that the disclosure is recorded in the minutes of the meeting.
(3)If the Committee member discloses the interest at a time other than at a meeting, the Committee must ensure that the disclosure is recorded in the minutes of the next meeting.
21.Determination of material personal interest
(1)If a Committee member with a material personal interest in a matter to be considered by the Committee has not disclosed the interest before the Committee considers the matter, the chairperson may, before the matter is considered, call on the member to disclose the interest.
(2)If the Committee member does not disclose the interest when called on to do so, the chairperson may determine that the member has the interest.
(3)If the determination is made at a meeting, the Committee must ensure that the determination is recorded in the minutes of the meeting.
(4)If the determination is made at a time other than at a meeting, the Committee must ensure that the determination is recorded in the minutes of the next meeting.
(5)If the matter is to be considered at a meeting at which a person is presiding under regulation 13(2), the person presiding may perform the functions of the chairperson under subregulations (1) and (2).
22.Committee member with material personal interest disqualified from participating
(1)A Committee member with a material personal interest in a matter being considered or about to be considered by the Committee —
(a)must not be present while the matter is being considered at a meeting; and
(b)must not vote on the matter; and
(c)must not sign or assent to, or be involved in the consideration of, a proposed resolution in respect of the matter under regulation 18.
(2)A reference in subregulation (1)(a) or (b) to the matter includes a reference to a proposed resolution referred to in regulation 23(b) in respect of the matter, whether relating to that Committee member or another Committee member.
(3)A reference in subregulation (1)(c) to a proposed resolution in respect of the matter includes a reference to a proposed resolution referred to in regulation 23(b) in respect of the matter, whether relating to that Committee member or another Committee member.
23.Regulation 22 may be declared inapplicable
Regulation 22 does not apply if —
(a)the Committee member has disclosed the interest under regulation 20(1) or there has been a determination under regulation 21(2) in relation to the interest; and
(b)the Committee has at any time passed a resolution that —
(i)specifies the member, the interest and the matter; and
(ii)states that the Committee members voting for the resolution are satisfied that the interest is so trivial or insignificant as to be unlikely to influence the member’s conduct.
24.Quorum where member cannot participate
(1)If a Committee member is disqualified under regulation 22(1), a quorum is present during the consideration of the matter if at least 3 Committee members who are entitled to vote on any motion that may be moved at the meeting in relation to the matter are present.
(2)Subregulation (1) applies despite regulation 12.
Part 3 — Chief Data Officer guidelines
25.Making Chief Data Officer guidelines publicly available
For the purposes of section 201(4) of the Act, Chief Data Officer guidelines must be made publicly available by —
(a)publishing the guidelines on a website maintained by, or on behalf of, the information sharing Department; and
(b)making a hard copy of the guidelines available for inspection during business hours at the principal office of the information sharing Department.
K. COLLERAN, Clerk of the Executive Council
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined termProvision(s)
chairperson3
Committee3
Committee member3
deputy chairperson3
meeting3
ordinary member3
© State of Western Australia 2025. This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au. Attribute work as: © State of Western Australia 2025. By Authority: GEOFF O. LAWN, Government Printer