Commonwealth Consolidated Acts

PRIVACY ACT 1988

TABLE OF PROVISIONS

   PART I--PRELIMINARY

   1.      Short title [see Note 1]  
   2.      Commencement [see Note 1]  
   3.      Saving of certain State and Territory laws  
   3A.     Application of the Criminal Code  
   4.      Act to bind the Crown  
   5.      Interpretation of Information Privacy Principles  
   5A.     Extension to external Territories  
   5B.     Extra-territorial operation of Act  

   PART II--INTERPRETATION

   6.      Interpretation  
   6A.     Breach of a National Privacy Principle  
   6B.     Breach of an approved privacy code  
   6C.     Organisations  
   6D.     Small business and small business operators  
   6DA.    What is the annual turnover of a business?  
   6E.     Small business operator treated as organisation  
   6EA.    Small business operators choosing to be treated as organisations  
   6F.     State instrumentalities etc. treated as organisations  
   7.      Acts and practices of agencies, organisations etc.  
   7A.     Acts of certain agencies treated as acts of organisation  
   7B.     Exempt acts and exempt practices of organisations  
   7C.     Political acts and practices are exempt  
   8.      Acts and practices of, and disclosure of information to, staff of agency, organisation etc.  
   9.      Collectors  
   10.     Record-keepers  
   11.     File number recipients  
   11A.    Credit reporting agencies  
   11B.    Credit providers  
   12.     Application of Information Privacy Principles to agency in possession  
   12A.    Act not to apply in relation to State banking or insurance within that State  
   12B.    Severability: additional effect of Act in relation to organisations  

   PART III--INFORMATION PRIVACY

           Division 1--Interferences with privacy

   13.     Interferences with privacy  
   13A.    Interferences with privacy by organisations  
   13B.    Related bodies corporate  
   13C.    Change in partnership because of change in partners  
   13D.    Overseas act required by foreign law  
   13E.    Effect on section 13 of sections 13B, 13C and 13D  
   13F.    Act or practice not covered by section 13 or section 13A is not an interference with privacy  

           Division 2--Information Privacy Principles

   14.     Information Privacy Principles  
   15.     Application of Information Privacy Principles  
   16.     Agencies to comply with Information Privacy Principles  

           Division 3--Approved privacy codes and the National Privacy Principles

   16A.    Organisations to comply with approved privacy codes or National Privacy Principles  
   16B.    Personal information in records  
   16C.    Application of National Privacy Principles  
   16D.    Delayed application of National Privacy Principles to small business  
   16E.    Personal, family or household affairs  
   16F.    Information under Commonwealth contract not to be used for direct marketing  

           Division 4--Tax file number information

   17.     Guidelines relating to tax file number information  
   18.     File number recipients to comply with guidelines  

           Division 5--Credit information

   18A.    Code of Conduct relating to credit information files and credit reports  
   18B.    Credit reporting agencies and credit providers to comply with Code of Conduct  

   PART IIIAA--PRIVACY CODES

   18BA.   Application for approval of privacy code  
   18BAA.  Privacy codes may cover exempt acts or practices  
   18BB.   Commissioner may approve privacy code  
   18BC.   When approval takes effect  
   18BD.   Varying an approved privacy code  
   18BE.   Revoking the approval of an approved privacy code  
   18BF.   Guidelines about privacy codes  
   18BG.   Register of approved privacy codes  
   18BH.   Review of operation of approved privacy code  
   18BI.   Review of adjudicator's decision under approved privacy code  

   PART IIIA--CREDIT REPORTING

   18C.    Certain credit reporting only to be undertaken by corporations  
   18D.    Personal information not to be given to certain persons carrying on credit reporting  
   18E.    Permitted contents of credit information files  
   18F.    Deletion of information from credit information files  
   18G.    Accuracy and security of credit information files and credit reports  
   18H.    Access to credit information files and credit reports  
   18J.    Alteration of credit information files and credit reports  
   18K.    Limits on disclosure of personal information by credit reporting agencies  
   18L.    Limits on use by credit providers of personal information contained in credit reports etc.  
   18M.    Information to be given if an individual's application for credit is refused  
   18N.    Limits on disclosure by credit providers of personal information contained in reports relating to credit worthiness etc.  
   18NA.   Disclosure by credit providers to certain persons who gave indemnities  
   18P.    Limits on use or disclosure by mortgage insurers or trade insurers of personal information contained in credit reports  
   18Q.    Limits on use by certain persons of personal information obtained from credit providers  
   18R.    False or misleading credit reports  
   18S.    Unauthorised access to credit information files or credit reports  
   18T.    Obtaining access to credit information files or credit reports by false pretences  
   18U.    Application of section 4B of Crimes Act  
   18V.    Application of this Part  

   PART IV--OFFICE OF THE PRIVACY COMMISSIONER

           Division 1--Office of the Privacy Commissioner

   19.     Establishment of the Office of the Privacy Commissioner  
   19A.    Privacy Commissioner  
   20.     Terms and conditions of appointment  
   21.     Remuneration of Commissioner  
   22.     Leave of absence  
   23.     Outside employment  
   24.     Resignation  
   25.     Termination of appointment  
   26.     Acting Commissioner  
   26A.    Staff and consultants  

           Division 2--Functions of Commissioner

   27.     Functions of Commissioner in relation to interferences with privacy  
   27A.    Functions of Commissioner in relation to healthcare identifiers  
   28.     Functions of Commissioner in relation to tax file numbers  
   28A.    Functions of Commissioner in relation to credit reporting  
   29.     Commissioner to have regard to certain matters  

           Division 3--Reports by Commissioner

   30.     Reports following investigation of act or practice  
   31.     Report following examination of proposed enactment  
   32.     Report following monitoring of certain activities  
   33.     Exclusion of certain matters from reports  

           Division 4--Miscellaneous

   34.     Provisions relating to documents exempt under the Freedom of Information Act 1982  
   35.     Direction where refusal or failure to amend exempt document  

   PART V--INVESTIGATIONS

           Division 1--Investigation of complaints and investigations on the Commissioner's initiative

   36.     Complaints  
   37.     Principal executive of agency  
   38.     Conditions for making a representative complaint  
   38A.    Commissioner may determine that a complaint is not to continue as a representative complaint  
   38B.    Additional rules applying to the determination of representative complaints  
   38C.    Amendment of representative complaints  
   39.     Class member for representative complaint not entitled to lodge individual complaint  
   40.     Investigations  
   40A.    Referring complaint about act under Commonwealth contract  
   41.     Circumstances in which Commissioner may decide not to investigate or may defer investigation  
   42.     Preliminary inquiries  
   43.     Conduct of investigations  
   44.     Power to obtain information and documents  
   45.     Power to examine witnesses  
   46.     Directions to persons to attend compulsory conference  
   47.     Conduct of compulsory conference  
   48.     Complainant and certain other persons to be informed of various matters  
   49.     Investigation under section 40 to cease if certain offences may have been committed  
   50.     Reference of matters to other authorities  
   50A.    Substitution of respondent to complaint  
   51.     Effect of investigation by Auditor-General  

           Division 2--Determinations following investigation of complaints

   52.     Determination of the Commissioner  
   53.     Determination must identify the class members who are to be affected by the determination  
   53A.    Notice to be given to outsourcing agency  
   53B.    Substituting respondent to determination  

           Division 3--Enforcement

   54.     Application of Division  
   55.     Obligations of respondent organisation  
   55A.    Proceedings in the Federal Court or Federal Magistrates Court to enforce a determination  
   55B.    Evidentiary certificate  

           Division 4--Review and enforcement of determinations involving Commonwealth agencies

   57.     Application of Division  
   58.     Obligations of respondent agency  
   59.     Obligations of principal executive of agency  
   60.     Compensation and expenses  
   61.     Review of determinations regarding compensation and expenses  
   62.     Enforcement of determination against an agency  

           Division 5--Miscellaneous

   63.     Legal assistance  
   64.     Commissioner etc. not to be sued  
   65.     Failure to attend etc. before Commissioner  
   66.     Failure to give information etc.  
   67.     Protection from civil actions  
   68.     Power to enter premises  
   68A.    Identity cards  
   69.     Restrictions on Commissioner obtaining personal information and documents  
   70.     Certain documents and information not required to be disclosed  
   70A.    Application of Part to organisations that are not legal persons  
   70B.    Application of this Part to former organisations  

   PART VI--PUBLIC INTEREST DETERMINATIONS AND TEMPORARY PUBLIC INTEREST DETERMINATIONS

           Division 1--Public interest determinations

   71.     Interpretation  
   72.     Power to make, and effect of, determinations  
   73.     Application by agency or organisation  
   74.     Publication of application  
   75.     Draft determination  
   76.     Conference  
   77.     Conduct of conference  
   78.     Determination of application  
   79.     Making of determination  
   80.     Determinations disallowable  

           Division 2--Temporary public interest determinations

   80A.    Temporary public interest determinations  
   80B.    Effect of temporary public interest determination  
   80C.    Determinations disallowable  
   80D.    Commissioner may continue to consider application  

           Division 3--Register of determinations

   80E.    Register of determinations  

   PART VIA--DEALING WITH PERSONAL INFORMATION IN EMERGENCIES AND DISASTERS

           Division 1--Object and interpretation

   80F.    Object  
   80G.    Interpretation  
   80H.    Meaning of permitted purpose  

           Division 2--Declaration of emergency

   80J.    Declaration of emergency--events of national significance  
   80K.    Declaration of emergency--events outside Australia  
   80L.    Form of declarations  
   80M.    When declarations take effect  
   80N.    When declarations cease to have effect  

           Division 3--Provisions dealing with the use and disclosure of personal information

   80P.    Authorisation of collection, use and disclosure of personal information  

           Division 4--Other matters

   80Q.    Disclosure of information--offence  
   80R.    Operation of Part  
   80S.    Severability--additional effect of Part  
   80T.    Compensation for acquisition of property--constitutional safety net  

   PART VII--PRIVACY ADVISORY COMMITTEE

   81.     Interpretation  
   82.     Establishment and membership  
   83.     Functions  
   84.     Leave of absence  
   85.     Removal and resignation of members  
   86.     Disclosure of interests of members  
   87.     Meetings of Advisory Committee  
   88.     Travel allowance  

   PART VIII--OBLIGATIONS OF CONFIDENCE

   89.     Obligations of confidence to which Part applies  
   90.     Application of Part  
   91.     Effect of Part on other laws  
   92.     Extension of certain obligations of confidence  
   93.     Relief for breach etc. of certain obligations of confidence  
   94.     Jurisdiction of courts  

   PART IX--MISCELLANEOUS

   95.     Medical research guidelines  
   95A.    Guidelines for National Privacy Principles about health information  
   95AA.   Guidelines for National Privacy Principles about genetic information  
   95B.    Requirements for Commonwealth contracts  
   95C.    Disclosure of certain provisions of Commonwealth contracts  
   96.     Non-disclosure of private information  
   97.     Annual report  
   98.     Injunctions  
   99.     Delegation  
   99A.    Conduct of directors, employees and agents  
   100.    Regulations  

   PART X--AMENDMENTS OF OTHER ACTS

   101.    Amendments of other Acts  
           SCHEDULE 1 Amendments of other Acts
           SCHEDULE 2 Interim guidelines concerning the collection, storage, use and security of tax file number information
           SCHEDULE 3 National Privacy Principles