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INFORMATION PRIVACY ACT 2009 - As at 1 March 2023 - Act 14 of 2009

- As at 1 March 2023 - Act 14 of 2009

Table of Provisions

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

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

PART 4 - COMPLIANCE WITH PARTS 1 TO 3 BY CONTRACTED SERVICE PROVIDERS

PART 5 - PROVISION OF INFORMATION TO MINISTERS

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

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

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

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 non-disclosure 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
    • 130. (Repealed)
  • 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

Note—

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

Note—

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

Note—

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

Note—

PART 1 - ARCHIVAL DOCUMENTS

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

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