Queensland Consolidated Acts

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Information Privacy Act 2009


TABLE OF PROVISIONS

           Contents

           Chapter 1--Preliminary

           Part 1--Introductory

   1.      Short title
   2.      Commencement
   3.      Object of Act
   4.      Act not intended to prevent other accessing or amendment of personal information
   5.      Relationship with other Acts requiring access to or amendment of personal information
   6.      Scope of personal information under this Act
   7.      Relationship with other Acts prohibiting disclosure of information
   8.      Relationship with other Acts regulating disposal of information
   9.      Relationship with Right to Information Act
   10.     Act binds State

           Part 2--Interpretation

   11.     Definitions
   12.     Meaning of personal information
   13.     Meaning of document of an agency for ch 3
   14.     Meaning of document of a Minister for ch 3
   15.     Meaning of document otherwise
   16.     Meaning of document to which the privacy principles do not apply
   17.     Meaning of agency for ch 3
   18.     Meaning of agency otherwise
   19.     Meaning of entity to which the privacy principles do not apply
   20.     Special provision about application of Act other than ch 3 to a Minister
   21.     Meaning of public authority
   22.     Meaning of processing period and transfer period for ch 3
   23.     What it means to disclose personal information and to use personal information
   24.     Meaning of control of a document
   25.     References to IPPs and NPPs

           Chapter 2--Privacy principles

           Part 1--Compliance with IPPs by agencies

   26.     Information Privacy Principles
   27.     Agencies to comply with IPPs
   28.     Noncompliance with particular IPPs
   29.     Special provision for law enforcement agencies

           Part 2--Compliance with NPPs

   30.     National Privacy Principles
   31.     Health agencies to comply with NPPs
   32.     Noncompliance with particular NPPs

           Part 3--Transfer of personal information outside Australia

   33.     Transfer of personal information outside Australia

           Part 4--Compliance with parts 1 to 3 by contracted service providers

   34.     Meaning of service arrangement
   35.     Binding a contracted service provider to privacy principles
   36.     Bound contracted service provider to comply with privacy principles
   37.     Contracting agency to comply with privacy principles if contracted service provider not bound

           Part 5--Provision of information to Ministers

   38.     Personal information relevant to portfolio responsibilities

           Part 6--Miscellaneous

   39.     Nature of rights created by pts 1 to 3

           Chapter 3--Disclosure and amendment by application under this Act

           Part 1--Right to access and amendment

   40.     Right to be given access to particular documents
   41.     Right to amend personal information in particular documents
   42.     Other ways of accessing or amending personal information

           Part 2--Access and amendment applications

   43.     Making access application
   44.     Making amendment application
   45.     Making access or amendment applications for children
   46.     Access or amendment application may not be made to commissioner
   47.     Application for documents then existing
   48.     Application for metadata
   49.     Application not for backup system documents

           Part 3--Dealing with application

           Division 1--Decision-maker

   50.     Decision-maker for application to agency
   51.     Decision-maker for application to Minister

           Division 2--Preliminary contact with applicant

   52.     Application outside scope of Act
   53.     Noncompliance with application requirement
   54.     Access application not limited to personal information
   55.     Longer processing period

           Division 3--Contact with relevant third party

   56.     Disclosure of concern to third party

           Division 4--Transfers

   57.     Transfer of access or amendment application

           Part 4--Refusal to deal with access or amendment application

   58.     Pro-disclosure bias and pro-amendment bias in deciding to deal with applications
   59.     Exempt information
   60.     Effect on agency's or Minister's functions
   61.     Prerequisites before refusal because of effect on functions
   62.     Previous application for same documents—access application
   63.     Previous application for same documents—amendment application

           Part 5--Decision

           Division 1--Access applications

   64.     Pro-disclosure bias in deciding access to documents
   65.     Considered decision on access application
   66.     Deemed decision on access application
   67.     Grounds on which access may be refused
   68.     Notification of decision and reasons—access application
   69.     Information as to existence of particular documents

           Division 2--Amendment applications

   70.     Considered decision on amendment application
   71.     Deemed decision on amendment application
   72.     Grounds on which amendment may be refused
   73.     Notification of decision and reasons—amendment application
   74.     Amendment of document by alteration or notation
   75.     Notation to information
   76.     Particular notations required to be added

           Part 6--Charging regime

           Division 1--Preliminary

   77.     Meaning of access charge
   78.     Duty in relation to access charge

           Division 2--Payment of charges

   79.     Requirement to pay access charge

           Division 3--Waiver of charges

   80.     Waiver under div 3 only
   81.     Uneconomical to charge
   82.     Applicant under financial hardship

           Part 7--Giving access

   83.     Forms of access
   84.     Time limit for access
   85.     Precautions
   86.     Precautions for children
   87.     Deferral of access
   88.     Deletion of irrelevant information
   89.     Deletion of exempt information
   90.     Deletion of contrary to public interest information
   91.     Giving summary of personal information to applicant or intermediary
   92.     Giving relevant healthcare information to applicant's nominated healthcare professional

           Part 8--Internal review

   93.     Definitions for pt 8
   94.     Internal review
   95.     Decisions that may not be reviewed
   96.     Applying for internal review
   97.     When internal review application to be decided

           Part 9--External review

           Division 1--Preliminary

   98.     Definitions for pt 9
   99.     External review
   100.    Onus

           Division 2--Application

   101.    Applying for external review
   102.    Participants in external review

           Division 3--After application made

   103.    Early resolution encouraged
   104.    Agency or Minister to be informed of application for external review of deemed decision
   105.    Agency or Minister to be informed before external review of decision
   106.    Applications where decision delayed
   107.    Information commissioner may decide not to review

           Division 4--Conduct of external review

   108.    Procedure on external review
   109.    Requirement to assist during review
   110.    Conduct of reviews

           Division 5--Powers of information commissioner on external review

   111.    Preliminary inquiries
   112.    Better reasons
   113.    Access to documents
   114.    Access in particular form
   115.    Requiring a search
   116.    Requiring information, documents and attendance
   117.    Examining witnesses
   118.    Additional powers
   119.    Restrictions under other laws not applicable
   120.    Information commissioner to ensure proper disclosure and return of documents
   121.    Information commissioner to ensure nondisclosure of particular information
   122.    Exception for successful challenge of s 69(2) notice

           Division 6--Decision on external review

   123.    Decision on external review
   124.    Correction of mistakes in decisions

           Division 7--Miscellaneous

   125.    Costs of external review
   126.    Disciplinary action

           Part 10--Vexatious applicants

   127.    Vexatious applicants
   128.    Declaration may be varied or revoked

           Part 11--References of questions of law and appeals

   129.    Definitions for pt 11
   131.    Reference of questions of law to Queensland Civil and Administrative Tribunal
   132.    Appeal to Queensland Civil and Administrative Tribunal on question of law
   133.    Application to Queensland Civil and Administrative Tribunal for review of vexatious applicant declaration

           Chapter 4--Information Commissioner and Privacy Commissioner

           Part 1--Functions of information commissioner under this Act

   134.    Information commissioner not subject to direction
   135.    Performance monitoring and support functions
   136.    Decision-making functions
   137.    External review functions
   138.    Guidelines under Right to Information Act

           Part 2--Staff of Office of Information Commissioner in relation to this Act

   139.    Delegation
   140.    Staff subject only to direction of information commissioner

           Part 3--Privacy Commissioner

   141.    The Privacy Commissioner
   142.    Role and function of privacy commissioner
   143.    Privacy commissioner subject to direction of information commissioner
   144.    Appointment
   145.    Procedure before appointment
   146.    Term of appointment
   147.    Remuneration and conditions
   148.    Leave of absence
   149.    Preservation of rights if public service officer appointed
   150.    Restriction on outside employment
   151.    Resignation
   152.    Acting privacy commissioner

           Part 4--Proceedings

   153.    Third party proceedings
   154.    Costs in proceedings
   155.    Information commissioner and privacy commissioner may appear in proceedings
   156.    Intervention by Attorney-General

           Part 5--Waiving or modifying privacy principles obligations in the public interest

   157.    Waiver or modification approval

           Part 6--Compliance notices

   158.    Compliance notice
   159.    Extension of time for compliance
   160.    Agency must comply with notice
   161.    Application to Queensland Civil and Administrative Tribunal for review of decision to give compliance notice
   162.    Parties to QCAT proceeding
   163.    How QCAT may dispose of review

           Chapter 5--Privacy complaints

           Part 1--Making privacy complaints

   164.    Meaning of privacy complaint
   165.    Privacy complaint may be made or referred to information commissioner
   166.    Requirements for privacy complaint

           Part 2--Dealing with privacy complaints

   167.    Preliminary action
   168.    Information commissioner may decline to deal with or to deal further with complaint
   169.    Referral of privacy complaint to other entity
   170.    Arrangement with ombudsman

           Part 3--Mediation of privacy complaints

   171.    Attempting resolution through mediation
   172.    Certification of mediated agreement
   173.    Filing of certified agreement with Queensland Civil and Administrative Tribunal

           Part 4--Referral of privacy complaints to QCAT

   174.    Application of pt 4
   175.    Advice to parties
   176.    Referral to Queensland Civil and Administrative Tribunal
   177.    Parties to QCAT proceeding
   178.    How QCAT may dispose of complaint

           Chapter 6--Protections and offences

           Part 1--Protections

   179.    Access—protection against actions for defamation or breach of confidence
   180.    Publication—protection against actions for defamation or breach of confidence
   181.    Access—protection in respect of offences
   182.    Publication—protection in respect of offences
   183.    Protection of agency, information commissioner etc. from personal liability

           Part 2--Offences

   184.    Direction to act in particular way
   185.    Unlawful access
   186.    False or misleading information
   187.    Failure to produce documents or attend proceedings
   188.    Disclosure or taking advantage of information

           Chapter 7--Miscellaneous provisions

           Part 1--Archival documents

   189.    Operation of Public Records Act 2002
   190.    Non-official documents in Queensland State Archives etc.
   191.    Official documents in Queensland State Archives

           Part 2--Operation of this Act

   192.    Review of Act
   193.    Reports of information commissioner
   194.    Report to Assembly on Act's operation
   195.    Functions of parliamentary committee

           Part 3--Other

   196.    Power of person acting for another person
   197.    Power of information commissioner for compliance notices and privacy complaints
   198.    Rules and procedures of Queensland Civil and Administrative Tribunal
   199.    Contents of prescribed written notice
   200.    Approval of forms
   201.    Regulation-making power

           Chapter 8--Transitional provisions

           Part 1--Transitional provisions for Act No. 14 of 2009

   202.    Delayed application of Act other than ch 3 to local governments
   203.    Outdated references
   204.    Pre-enactment recruitment process
   205.    Refusal to deal with application—previous application for same documents
   206.    Delayed filing of certified agreement with QCAT
   207.    Delayed referral of privacy complaint to QCAT
   208.    Delayed application to QCAT
   209.    Privacy complaints to relate to actions after ch 5 commencement
   210.    Continuing application of relevant information standards
   211.    Acts and practices authorised before relevant date

           Part 2--Transitional provisions for State Penalties Enforcement and Other Legislation Amendment Act 2009

   212.    Definition for pt 2
   213.    Retrospective validation for particular delegations and directions
   214.    Decision under s 69(2) is a reviewable decision
           SCHEDULE 1--DOCUMENTS TO WHICH THE PRIVACY PRINCIPLES DO NOT APPLY
           1. Covert activity
           2. Witness protection
           3. Disciplinary actions and misconduct
           4. Public interest disclosure
           5. Cabinet and Executive Council
           6. Commissions of inquiry
           7. Other
           SCHEDULE 2--ENTITIES TO WHICH THE PRIVACY PRINCIPLES DO NOT APPLY

           Part 1--Entities to which the privacy principles do not apply

           Part 2--Entities to which the privacy principles do not apply in relation to a particular function
           SCHEDULE 3--INFORMATION PRIVACY PRINCIPLES
           1. IPP 1—Collection of personal information (lawful and fair)
           2. IPP 2—Collection of personal information (requested from individual)
           3. IPP 3—Collection of personal information (relevance etc.)
           4. IPP 4—Storage and security of personal information
           5. IPP 5—Providing information about documents containing personal information
           6. IPP 6—Access to documents containing personal information
           7. IPP 7—Amendment of documents containing personal information
           8. IPP 8—Checking of accuracy etc. of personal information before use by agency
           9. IPP 9—Use of personal information only for relevant purpose
           10. IPP 10—Limits on use of personal information
           11. IPP 11—Limits on disclosure
           SCHEDULE 4--NATIONAL PRIVACY PRINCIPLES
           1. NPP 1—Collection of personal information
           2. NPP 2—Limits on use or disclosure of personal information
           3. NPP 3—Data quality
           4. NPP 4—Data security
           5. NPP 5—Openness
           6. NPP 6—Access to documents containing personal information
           7. NPP 7—Amendment of documents containing personal information
           8. NPP 8—Anonymity
           9. NPP 9—Sensitive information
           SCHEDULE 5--DICTIONARY


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