In NSW, sensitive information must be labelled with a DLM. This label helps the user of the information understand why the information is sensitive and what the limitations on dissemination are.
The Australian Government uses the OFFICIAL: Sensitive label for information which, if compromised, would cause limited damage to the national interest, organisations or individuals. This information is not security classified but it does need protection and limitation of access to those who need to know.
The OFFICIAL: Sensitive label will be applied by the Australian Government, and other states and territories. The NSW Government will not apply this label to its information because the six DLMs used in NSW with the OFFICIAL: Sensitive prefix allow for the specificity required in NSW. This means that information labelled OFFICIAL: Sensitive will be deemed to have originated from outside of NSW Government. See figure below for a summary.
Official sensitive information with DLMs
Determining which OFFICIAL: Sensitive NSW DLM to apply
The figure below outlines a simple decision-making process that NSW Government agencies can use to determine which NSW DLM can be applied to information of a sensitive nature.
Decision making tool for NSW DLMs
Applying NSW DLMs – more information
The table below describes how to apply the NSW DLMs and the legislation which underpins each label.
Applying NSW DLMs
| Label | When to apply the label | Legislation or policy underpinning the label |
|---|---|---|
|
OFFICIAL: Sensitive (This is an Australian Government DLM) |
The Australian Government and other Australian states and territories may send information with this label. NSW agencies should not re-label information received from the Australian Government and other Australian states or territories. This label is not applied to NSW information. NSW Government will label information with NSW DLMs as described below. |
Protective Security Policy Framework |
|
OFFICIAL: Sensitive – NSW Cabinet |
Label all NSW Cabinet documents with OFFICIAL: Sensitive – NSW Cabinet. Confidentiality of cabinet documents, including draft cabinet documents, is maintained to enable full and frank discussions to be had prior to cabinet making its decision. The NSW Department of Premier and Cabinet maintains a secure electronic document management system which is the repository for all official records of the NSW Cabinet. This system has its own access and handling guidelines. |
Cabinet Conventions: NSW Practice Government Information (Public Access) Act 2009 - Schedule 1 contains information about overriding secrecy laws which apply to NSW cabinet information. |
|
OFFICIAL: Sensitive – Personal |
Apply this label to information or an opinion about an individual whose identity is apparent or can reasonably be ascertained from the information or opinion. This includes an individual’s fingerprints, retina prints, body samples or genetic characteristics. | Privacy and Personal Information Protection Act 1998 No 133 |
|
OFFICIAL: Sensitive – Health Information |
This label should be used for health-related information. Under the HRIP Act, this means personal information that is identifying information, or which could reasonably link to identifying information, collected from or about individual people in order to provide them with health services. |
Health Records and Information Privacy Act 2002 No 71 NSW Health Privacy Manual for Health Information Health Records and Information Privacy Regulation 2017 |
|
OFFICIAL: Sensitive – Legal |
Use this label for any information subject to legal professional privilege. The Evidence Act refers to confidential communication and documents: Confidential communication means a communication made in such circumstances that, when it was made: (a) the person who made it, or (b) the person to whom it was made, was under an express or implied obligation not to disclose its contents, whether or not the obligation arises under law. Confidential document means a document prepared in such circumstances that, when it was prepared: (a) the person who prepared it, or (b) the person for whom it was prepared, was under an express or implied obligation not to disclose its contents, whether or not the obligation arises under law. |
Legal Profession Uniform Law (NSW) No 16a Legal Profession Uniform Law Application Act 2014 No 16 Evidence Act 1995 No 25 |
|
OFFICIAL: Sensitive – NSW Government |
Use this label if the compromise of this information will cause limited damage to an individual, organisation or government in general. For example, where compromise could;
|
|
|
OFFICIAL: Sensitive – Law Enforcement |
This label should be applied by law enforcement agencies, investigative agencies and agencies with legislated compliance and enforcement responsibilities. For further details about this DLM refer to section 4.2 of the Guidelines. |
Law Enforcement (Powers and Responsibilities) Act 2002 No 103 There are many pieces of legislation in NSW which contain additional legislative restrictions to the provision of access to information through secrecy clauses, dissemination limiting clauses for law enforcement or investigative purposes. Use this label for these. |
OFFICIAL: Sensitive – Law Enforcement DLM
The purpose of the OFFICIAL: Sensitive – Law Enforcement DLM is to enable law enforcement agencies, investigative agencies and agencies with legislated compliance and enforcement responsibilities, to more easily understand the information they are handling, to enable sharing of information between agencies and to have common handling procedures.
OFFICIAL: Sensitive – Law Enforcement DLM should only be used by law enforcement agencies, investigative agencies or agencies with legislated compliance and enforcement responsibilities, for law enforcement purposes and for information that needs to remain strictly confidential.
Information compiled for law enforcement purposes is often complex and may contain personal, health and law enforcement activity information. This information is important and should be afforded appropriate security in order to protect enforcement proceedings, the right of a person to a fair trial, policing and community safety practices, proprietary information or to protect a confidential source.
Information with a NSW DLM of OFFICIAL Sensitive – Law Enforcement which is provided to another agency for law enforcement purposes is not to be released by that agency to a third party without the written approval of the law enforcement agency that created the information. This includes information sought through various freedom of information legislation or court subpoenas. It is best practice for agencies who use this label on documents (physical or digital), to include information about which agency the information originates from.
The information that may fall under these activities includes:
- multi-jurisdictional operational law enforcement activity
- policies and guidelines for law enforcement investigations when disclosure of could be reasonably expected to risk circumvention of the law, or jeopardise the life or physical security of any individual, including the lives and safety of law enforcement personnel
- law enforcement training information.
The use and dissemination of law enforcement information is strictly regulated, and it may constitute a criminal offence to use or release it for any purpose that is not authorised by the acts. Where personal or health information is being transferred as part of a law enforcement operation, it is also necessary to comply with the requirements of the appropriate state privacy legislation.
OFFICIAL: Sensitive – Legal and OFFICIAL Sensitive – Law Enforcement DLMs should not be confused. OFFICIAL: Sensitive – Legal should be used to protect legal professional privilege under the advice of legal professionals.
Mapping old DLMs to new NSW DLMs
The figure below shows the previous and current DLMs. The DLM For Official Use Only (FOUO) is no longer used. Sensitive: Cabinet DLM which referred to the Commonwealth Cabinet, is now a caveat and not a DLM. The other previous DLMs can be mapped directly to current NSW DLMs.
Mapping of old DLMs to new DLMs
Creating new DLMs
Agencies are not to create their own DLMs, security classifications or caveats.
Last updated 16 Dec 2020