Commonwealth Consolidated Acts

PRIVACY ACT 1988 - SECT 28A

             (1)  In addition to the functions under sections 27 and 28, the Commissioner has the following functions in relation to credit reporting:

                     (a)  to develop the Code of Conduct in consultation with government, commercial, consumer and other relevant bodies and organisations;

                     (b)  to investigate an act or practice of a credit reporting agency or credit provider that may constitute a credit reporting infringement and, where the Commissioner considers it appropriate to do so, to endeavour, by conciliation, to effect a settlement of the matters that gave rise to the investigation;

                     (c)  to promote an understanding and acceptance of:

                              (i)  the Code of Conduct and the provisions of Part IIIA; and

                             (ii)  the objects of those provisions;

                     (d)  to make such determinations as the Commissioner is empowered to make under section 11B or Part IIIA; and

                     (e)  to prepare, and to publish in such manner as the Commissioner considers appropriate, guidelines for the avoidance of acts or practices of a credit reporting agency or credit provider that may or might be interferences with the privacy of individuals;

                      (f)  to provide advice (with or without a request) to a Minister, a credit reporting agency or a credit provider on any matter relevant to the operation of this Act;

                     (g)  to conduct audits of credit information files maintained by credit reporting agencies, and credit reports in the possession, or under the control, of credit providers or credit reporting agencies, for the purpose of ascertaining whether the files or reports are maintained in accordance with the Code of Conduct and the provisions of Part IIIA;

                     (h)  to monitor the security and accuracy of personal information contained in credit information files maintained by credit reporting agencies and in credit reports in the possession, or under the control, of credit providers or credit reporting agencies;

                      (j)  to examine the records of credit reporting agencies and credit providers to ensure that:

                              (i)  credit reporting agencies and credit providers are not using personal information contained in credit information files and credit reports for unauthorised purposes; and

                             (ii)  credit reporting agencies and credit providers are taking adequate measures to prevent the unlawful disclosure of personal information contained in credit information files and credit reports;

                     (k)  for the purpose of promoting the protection of individual privacy, to undertake educational programs on the Commissioner's own behalf or in co‑operation with other persons or authorities on the Commissioner's behalf;

                    (m)  to do anything incidental or conducive to the performance of any of the preceding functions.

             (2)  The Commissioner has power to do all things that are necessary or convenient to be done for or in connection with the performance of his or her functions under subsection (1).