Clause 59

relevant information about any individual —

has been or has purportedly been disclosed by a discloser (A); or

has been or has purportedly been collected or used by a recipient (B),pursuant to a data sharing agreement between A and B (called in this section the DSA); and

the disclosure, collection or use (as the case may be) of that relevant information is not in accordance with the DSA or the provisions of this Part.

in the case of A —

review and assess whether the disclosure or purported disclosure of relevant information about any individual is in accordance with the DSA and the provisions of this Part; or

identify any error, failure, inadequacy or shortcoming relating to the disclosure or purported disclosure of relevant information about any individual pursuant to the DSA, and take reasonable steps to remedy the error, failure, inadequacy or shortcoming and prevent its recurrence;

in the case of B —

review and assess whether the collection or use or purported collection or use of relevant information about any individual is in accordance with the DSA and the provisions of this Part; or

identify any error, failure, inadequacy or shortcoming in relation to the collection or use or purported collection or use (as the case may be) of relevant information about any individual pursuant to the DSA, and take reasonable steps to remedy the error, failure, inadequacy or shortcoming and prevent its recurrence;

provide to the Minister any document or information that the Minister may reasonably require relating to —

the review and assessment conducted in accordance with paragraph (a)(i) or (b)(i), including information relating to the disclosure, collection or use (as the case may be) of relevant information about any individual pursuant to the DSA prior to the review and assessment;

any error, failure, inadequacy or shortcoming identified in accordance with paragraph (a)(ii) or (b)(ii); or

the steps taken to remedy any error, failure, inadequacy or shortcoming identified in accordance with paragraph (a)(ii) or (b)(ii);

take any other action in relation to any matter mentioned in paragraph (a) or (b) that the Minister may reasonably require.

where the Minister —

directs A to take any action mentioned in subsection (2)(a)(i) or (ii); and

is of the opinion that B’s assistance is required or desirable to enable the proper and effective carrying out of that action by A,the Minister may, by written notice, direct B to take all reasonable steps to assist A; and

where the Minister —

directs B to take any action mentioned in subsection (2)(b)(i) or (ii); and

is of the opinion that A’s assistance is required or desirable to ensure the proper and effective carrying out of that action by B,the Minister may, by written notice, direct A to take all reasonable steps to assist B.

both of the following apply:

the Minister has reason to believe that A has contravened section 52(2) or 53(1), (2) or (3), or any condition or restriction imposed under section 53(4);

it is necessary for A to take any action mentioned in paragraph (c) or (d) in order to prevent or minimise any harm or damage to any individual pending the outcome of any proceedings against A for an offence arising from that contravention; or

A is convicted of an offence under section 60(1),the Minister may, by written notice, direct A —

to stop disclosing relevant information about any individual to any recipient under this Part; or

to take any other specified action which the Minister reasonably considers to be necessary to bring the contravention to an end and prevent the recurrence of the contravention.

both of the following apply:

the Minister has reason to believe that B has contravened section 52(2), 54(1) or (3), 55(1), 56(2) or (4) or 57(1), or any condition or restriction imposed under section 54(5) or 56(5);

it is necessary for B to take any action mentioned in paragraph (c), (d) or (e) in order to prevent or minimise any harm or damage to any individual pending the outcome of any proceedings against B for an offence arising from that contravention; or

B is convicted of an offence under section 60(2),the Minister may, by written notice, direct B —

to do either or both of the following:

stop collecting relevant information about any individual from any discloser under this Part;

stop using relevant information about any individual collected from any discloser under this Part that is in the possession or under the control of B;

to delete or destroy relevant information about any individual collected from any discloser under this Part; (e)to take all reasonable steps —

to retrieve all copies of the relevant information about any individual from any person to whom B has disclosed the relevant information; and

to delete or destroy all copies of the relevant information that are retrieved under sub‑paragraph (i); or

to take any other specified action which the Minister reasonably considers to be necessary to bring the contravention to an end and prevent the recurrence of the contravention.