2012-Feb 17: Requests under the Privacy Act 1993 by lawyers and licensed advisers

Visa Pak 52: Guidelines for Immigration Officers for the processing of requests under the Privacy Act 1993 by lawyers and licensed advisers

Visa Paks

17 February 2012

Requests under the Privacy Act 1993 by lawyers and licensed advisers

Recently the operational instructions at A7.10 Who may make a request under the Privacy Act 1993 were updated to state that licensed immigration advisers, like New Zealand based lawyers, are not required to provide written authority from their client in order to request personal information. These instructions also now state that immigration staff may request authority from the client before releasing personal information about them, if the Department has information suggesting they are not represented by a lawyer or licensed immigration adviser.

Please ensure that staff are aware of the following when deciding whether to release information under the Privacy Act 1993 to lawyers or licensed immigration advisers:

  • Provisions under the Privacy Act 1993 are intended to protect the interests of the individuals concerned, principally immigration clients. If staff are concerned that a lawyer or licensed immigration adviser does not represent a client, and they have information suggesting this, they should request written authority from the client before releasing any information.
    For example, if a client has a licensed immigration adviser listed as a contact, but a second licensed immigration adviser requests information about the client, staff may request authority from the client before releasing information to either adviser.

Other contacts, such as family or employers, must also have specific authority from the client before information is released (as per A7.10(b)).