Privacy and Responsible Information Sharing (General) Regulations 2026 00-00-00 Xml

Western Australia

Privacy and Responsible Information Sharing (General) Regulations 2026

Contents

1.Citation1

2.Commencement1

3.Community policing functions (Act s. 4)1

4.Specified bodies or offices part of specified public entities (Act s. 6(4)(a))1

5.Specified bodies or offices are separate public entities (Act s. 6(4)(b))2

6.Principal officers of specified public entities (Act s. 9)2

7.Transitional provision relating to views obtained and applications made under Freedom of Information Act 1992 before transition day3

Schedule 1 — Specified bodies or offices part of specified public entities

Division 1 — Bodies or offices part of departments principally assisting in administration of Act under which body or office established

Division 2 — Bodies or offices part of other public entities

Defined terms

Privacy and Responsible Information Sharing Act 2024

Privacy and Responsible Information Sharing (General) Regulations 2026

Made by the Governor in Executive Council.

1.Citation

These regulations are the Privacy and Responsible Information Sharing (General) Regulations 2026.

2.Commencement

These regulations come into operation as follows —

(a)regulations 1 and 2 — on the day on which these regulations are published on the WA legislation website;

(b)the rest of the regulations — on 1 July 2026.

3.Community policing functions (Act s. 4)

For the purposes of paragraph (g) of the definition of community policing functions in section 4 of the Act, the following functions are prescribed —

(a)referring individuals to family violence intervention or support services;

(b)undertaking assessments of the risk of family violence.

4.Specified bodies or offices part of specified public entities (Act s. 6(4)(a))

(1)For the purposes of the Act, a body, or the holder of an office, listed in Schedule 1 Division 1 is not a separate public entity but is part of the department of the Public Service principally assisting in the administration of the Act, or the provision of the Act, under which the body, or the holder of the office, is established.

(2)For the purposes of the Act, a body, or the holder of an office, set out in column 1 of the Table to Schedule 1 Division 2 is not a separate public entity but is part of the public entity set out opposite the body, or the holder of the office, in column 2 of that Table.

5.Specified bodies or offices are separate public entities (Act s. 6(4)(b))

(1)For the purposes of the Act, each land conservation district committee established under the Soil and Land Conservation Act 1945 section 23(2) is a separate public entity and is not part of the department of the Public Service principally assisting in the administration of that Act.

(2)For the purposes of Part 3 of the Act, in connection with its functions under the High Risk Serious Offenders Act 2020, the State Solicitor is a separate public entity and is not part of the department of the Public Service in which the State Solicitor is employed.

6.Principal officers of specified public entities (Act s. 9)

(1)For the purposes of paragraph (f)(i) of the definition of principal officer in section 9(2) of the Act —

(a)the principal officer of the Director of State Records appointed under the State Records Act 2000 section 70 is the chief executive officer of the department of the Public Service principally assisting in the administration of that Act; and

(b)the principal officer of the Electricity Generation and Retail Corporation established under the Electricity Corporations Act 2005 section 4(1)(a) is the chief executive officer of the Corporation appointed under the Government Trading Enterprises Act 2023 section 37(1); and

(c)the principal officer of a health service provider established by an order made under the Health Services Act 2016 section 32(1)(b) is the chief executive of the provider appointed under section 108(1) of that Act; and

(d)the principal officer of a land conservation district committee established under the Soil and Land Conservation Act 1945 section 23(2) is the chairperson of the committee elected under section 23(4) of that Act; and

(e)the principal officer of the Regional Development Council established under the Regional Development Commissions Act 1993 section 33 is the chairperson of the Council appointed under section 34(2) of that Act; and

(f)the principal officer of the Soil and Land Conservation Council established under the Soil and Land Conservation Act 1945 section 9 is the chairperson of the Council designated under section 9B(1) of that Act.

(2)Subregulation (1)(c) applies whether the health service provider is specified by an order made under the Health Services Act 2016 section 32(1)(d) to be a board governed provider or a chief executive governed provider.

7.Transitional provision relating to views obtained and applications made under Freedom of Information Act 1992 before transition day

(1)In this regulation —

transition day means the day on which Part 6 Division 2 of the Act comes into operation.

(2)The amendments to the Freedom of Information Act 1992 made by Part 6 Division 2 of the Act do not, on or after transition day —

(a)affect the operation of the Freedom of Information Act 1992 section 32(5) or 39(2)(b) in relation to a person whose views were, or should have been, obtained before transition day under section 32(2)(b) of that Act (as in force before transition day); or

(b)affect the validity of an application made before transition day in accordance with the Freedom of Information Act 1992 section 45(2) (as in force before transition day); or

(c)affect the validity of an access application or application for amendment made before transition day by a person referred to in the Freedom of Information Act 1992 section 98(b) (as in force before transition day).

Schedule 1 — Specified bodies or offices part of specified public entities

[r. 4]

Division 1 — Bodies or offices part of departments principally assisting in administration of Act under which body or office established

Aboriginal Cultural Heritage Committee established under the Aboriginal Heritage Act 1972 section 28

Advisory committee established under the Charitable Collections Act 1946 section 10

Advisory Committee established under the Control of Vehicles (Off‑road Areas) Act 1978 section 17

An advisory committee established under the Fish Resources Management Act 1994 section 41

An advisory committee established under the Fish Resources Management Act 1994 section 42

Anaesthetic Mortality Committee constituted under the Health (Miscellaneous Provisions) Act 1911 section 340BB

Appeals Convenor appointed under the Environmental Protection Act 1986 section 107A

Appointments committee established under the Biosecurity and Agriculture Management Regulations 2013 regulation 129B

Biosecurity Council established under the Biosecurity and Agriculture Management Act 2007 section 48

Board of Valuers established under the Planning and Development Act 2005 section 182

Building Commissioner designated under the Building Services (Complaint Resolution and Administration) Act 2011 section 85

Building Services Board established under the Building Services (Registration) Act 2011 section 65

Caravan Parks and Camping Grounds Advisory Committee established under the Caravan Parks and Camping Grounds Act 1995 section 25

Cattle Industry Funding Scheme Management Committee established under the Biosecurity and Agriculture Management Industry Funding Scheme (Cattle) Regulations 2010 regulation 8

Chief Assessor of Criminal Injuries Compensation and each Assessor of Criminal Injuries Compensation appointed under the Criminal Injuries Compensation Act 2003 Schedule 1 clause 2

Chief Casino Officer appointed under the Casino Control Act 1984 section 9

Chief Inspector of Mines appointed under the Work Health and Safety Act 2020 Schedule 1 clause 5

Chief Inspector Petroleum Safety appointed under the Work Health and Safety Act 2020 Schedule 1 clause 5

Children and Community Services Ministerial Body established under the Children and Community Services Act 2004 section 18

Children’s Court

Commissioner designated under the Fair Trading Act 2010 section 55

A committee established under the Water Agencies (Powers) Act 1984 section 109

Consumer Advisory Committee established under the Fair Trading Act 2010 section 63I

Contaminated Sites Committee established under the Contaminated Sites Act 2003 section 33

Coroner’s Court of Western Australia established under the Coroners Act 1996 section 5

A Development Assessment Panel established under the Planning and Development Act 2005 section 171C

Director of Energy Safety appointed under the Energy Coordination Act 1994 section 5

Disability Services Commission continued under the Disability Services Act 1993 section 6

District Court

Electrical Licensing Board established under the Electricity (Licensing) Regulations 1991 regulation 4

Environmental Protection Authority continued under the Environmental Protection Act 1986 section 7

Family Court

Fluoridation of Public Water Supplies Advisory Committee established under the Fluoridation of Public Water Supplies Act 1966 section 5

Gaming and Wagering Commission of Western Australia established under the Gaming and Wagering Commission Act 1987 section 4

Gaming Community Trust established under the Gaming and Wagering Commission Act 1987 section 109D

Grains, Seeds and Hay Industry Funding Scheme Management Committee established under the Biosecurity and Agriculture Management Industry Funding Scheme (Grains) Regulations 2010 regulation 8

A group, committee, council or panel established under the Environmental Protection Act 1986 section 25

Heritage Council of Western Australia established under the Heritage Act 2018 section 11

Housing Authority continued under the Housing Act 1980 section 6

Keep Australia Beautiful Council (W.A.) established under the Litter Act 1979 section 6

Law Reporting Advisory Board established under the Law Reporting Act 1981 section 7

Legal Costs Committee established under the Legal Profession Uniform Law Application Act 2022 section 83

Local Government Advisory Board established under the Local Government Act 1995 section 2.44

Local Government Inspector appointed under the Local Government Act 1995 section 8B.2

Magistrates Court

Maternal Mortality Committee constituted under the Health (Miscellaneous Provisions) Act 1911 section 340B

Mental Impairment Review Tribunal established under the Criminal Law (Mental Impairment) Act 2023 section 156

Mining and Petroleum Advisory Committee established under the Work Health and Safety Act 2020 Schedule 1 clause 23

Mining Rehabilitation Advisory Panel established under the Mining Rehabilitation Fund Act 2012 section 33

Minister for Fisheries continued under the Fish Resources Management Act 1994 section 9

Minister for Lands continued under the Land Administration Act 1997 section 7

Minister under the Aboriginal Heritage Act 1972 section 11

Motor Vehicle Industry Advisory Committee established under the Fair Trading Act 2010 section 63E

Pastoral Lands Board of Western Australia established under the Land Administration Act 1997 section 94

Perinatal and Infant Mortality Committee constituted under the Health (Miscellaneous Provisions) Act 1911 section 340AB

Pesticides Advisory Committee continued under the Health (Miscellaneous Provisions) Act 1911 section 246B

Plumbers Licensing Board established under the Plumbers Licensing Act 1995 section 59

Principal Adjudicator and each Deputy Adjudicator appointed under the Local Government Act 1995 section 8B.19

Prisoners Review Board established under the Sentence Administration Act 2003 section 102

Professional Standards Council established under the Professional Standards Act 1997 section 8

Property Industry Advisory Committee established under the Fair Trading Act 2010 section 63A

Public Advocate appointed under the Guardianship and Administration Act 1990 section 91

Public Trustee appointed under the Public Trustee Act 1941 section 4

Racing Penalties Appeal Tribunal of Western Australia established under the Racing Penalties (Appeals) Act 1990 section 4

Registrar appointed under the Classification (Publications, Films and Computer Games) Enforcement Act 1996 section 128A

Registrar of Aboriginal Sites appointed under the Aboriginal Heritage Act 1972 section 37

Registrar of Births, Deaths and Marriages appointed under the Births, Deaths and Marriages Registration Act 1998 section 5

Review panel established under the Biosecurity and Agriculture Management Regulations 2013 regulation 129D

Sheep and Goat Industry Funding Scheme Management Committee established under the Biosecurity and Agriculture Management Industry Funding Scheme (Sheep and Goats) Regulations 2010 regulation 8

State Administrative Tribunal

State Training Board established under the Vocational Education and Training Act 1996 section 18

Supervised Release Review Board established under the Young Offenders Act 1994 section 151

Supreme Court

Swan Valley Strategic Leadership Group established under the Swan Valley Planning Act 2020 section 28

Training Accreditation Council established under the Vocational Education and Training Act 1996 section 25

Waste Authority established under the Waste Avoidance and Resource Recovery Act 2007 section 8

Water Resources Ministerial Body established under the Water Agencies (Powers) Act 1984 section 11

Western Australian Agriculture Authority established under the Biosecurity and Agriculture Management Act 2007 section 150

Western Australian Local Government Grants Commission established under the Local Government Grants Act 1978 section 4

Western Australian Planning Commission established under the Planning and Development Act 2005 section 7

Work Health and Safety Commission established under the Work Health and Safety Act 2020 Schedule 1 clause 10

WorkSafe Commissioner appointed under the Work Health and Safety Act 2020 Schedule 1 clause 1

Division 2 — Bodies or offices part of other public entities

Table

Column 1	Column 2
Department of the Public Service designated under the Public Sector Management Act 1994 section 35 as the Office of the Auditor General	Auditor General
Infrastructure WA established under the Infrastructure Western Australia Act 2019 section 5	Department of the Public Service designated under the Public Sector Management Act 1994 section 35 as the Department of the Premier and Cabinet
The Aboriginal Affairs Planning Authority continued under the Aboriginal Affairs Planning Authority Act 1972 section 8	Department of the Public Service principally assisting in the administration of the Aboriginal Heritage Act 1972
Aboriginal Lands Trust established under the Aboriginal Affairs Planning Authority Act 1972 section 20
Animal Welfare Advisory Committee	Department of the Public Service principally assisting in the administration of the Animal Welfare Act 2002
Western Australian Building and Construction Consultative Committee	Department of the Public Service principally assisting in the administration of the Industrial Relations Act 1979
The DBNGP Land Access Minister established under the Dampier to Bunbury Pipeline Act 1997 section 29	Department of the Public Service principally assisting in the administration of the Land Administration Act 1997
Commissioner for Equal Opportunity appointed under the Equal Opportunity Act 1984 section 75	Department of the Public Service principally assisting in the administration of the State Administrative Tribunal Act 2004
Department of the Public Service designated under the Public Sector Management Act 1994 section 35 as the Office of the Director of Public Prosecutions	Director of Public Prosecutions appointed under the Director of Public Prosecutions Act 1991 section 5
Department of the Public Service referred to in the Electoral Act 1907 section 4A	Electoral Commissioner appointed under the Electoral Act 1907 section 5B
Department of the Public Service designated under the Public Sector Management Act 1994 section 35 as the Office of the Information Commissioner	Information Commissioner
Department of the Public Service designated under the Public Sector Management Act 1994 section 35 as the Office of the Inspector of Custodial Services	Inspector of Custodial Services appointed under the Inspector of Custodial Services Act 2003 section 6
Western Australian Health Promotion Foundation established under the Western Australian Health Promotion Foundation Act 2016 section 5	Lotteries Commission continued under the Lotteries Commission Act 1990 section 4
Police Appeal Board constituted under the Police Act 1892 section 33B	Police Force of Western Australia
Department of the Public Service designated under the Public Sector Management Act 1994 section 35 as the Public Sector Commission	Public Sector Commissioner
Director of Equal Opportunity in Public Employment appointed under the Equal Opportunity Act 1984 section 142	Public Sector Commissioner

N. HAGLEY, Clerk of the Executive Council

Defined terms

[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)

transition day7(1)

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By Authority: ANDREW JONES, Government Printer