Draft an information sharing MOU

Introduction

Welcome to the information sharing MOU builder. The MOU builder helps you create a Memorandum of Understanding (MOU) relating to the sharing of personal and other information with another agency or organisation. It is designed with personal information in mind but can be used for a combination of personal information and other information. It can take effect as either a non-legally binding MOU or as a legally binding agreement. You get to choose this when completing the questions below. 

The existence of this builder doesn’t mean agencies must have an information sharing MOU in place when sharing personal information. Strictly speaking, an MOU or agreement is not required unless the sharing is occurring under a specific statutory provision that requires an MOU or agreement. However, agencies often like to have an MOU or agreement in place, so that expectations around precisely what information will be shared, how it will be shared, and how it may be used, are documented. It can also be important to document matters such as the duration of the sharing, the legal justifications for the sharing, principles by which the parties will abide, their general responsibilities when sharing the information, information security, retention and disposal of the information, and related issues. The MOU builder accommodates all of these matters.

Some key points to note

  • MOUs built with the MOU builder are based on the parties to the MOU having one or more lawful justifications for sharing personal information (you’ll be asked about these when building your MOU). Your agency might have a justification under the Privacy Act’s information privacy principles, a code of practice under the Privacy Act such as the Health Information Privacy Code, or specific legislative provisions.
  • A corollary of the point above is that the MOU itself does not and cannot create a lawful justification for sharing personal information if no such justification exists under the Privacy Act or specific statutory provisions that regulate information sharing.
  • The MOU builder must not be used for, and does not build, Approved Information Sharing Agreements under Part 9A of the Privacy Act.

Build your MOU

To build a new MOU, complete all required fields in the form below and then press ‘Go’. When you press ‘Go’, you’ll be taken to a screen that allows you to download a copy of your draft MOU (in Microsoft Word format).

To use this tool, you need to be logged in with a current membership that grants access to the tool. If you’re already registered with a membership that grants access, log in below. If not, register now.