PERSONAL INFORMATION PROTECTION ACT 2004 - SECT 3 Interpretation
PERSONAL INFORMATION PROTECTION ACT 2004 - SECT 3
Interpretation
In this Act basic personal information means the name, residential address, postal address, date of birth and gender of an individual;complaint means a complaint made under Part 4 ;employee information includes personal information about an individual who is, was or applies to be an employee relating to (a) the selection, employment, training, discipline or resignation of the individual; or(b) the termination of the employment of the individual; or(c) the terms and conditions of employment of the individual; or(d) the performance or conduct of the individual in carrying out the duties or functions of employment; or(e) the suitability of the individual for appointment or for employment held by the individual; or(f) the hours of employment of the individual; or(g) the salary or wages of the individual; or(h) the membership of the individual of a professional association, trade association or trade union; or(i) the recreation leave, long service leave, sick leave, personal leave, maternity leave, paternity leave or other leave of the individual; or(j) information that supports employment statistical reporting and personnel planning; or(k) information in relation to employees as required by law;employment includes appointment or engagement to an office or position;health information means other than prescribed information, a prescribed class of information or information contained in a prescribed class of documents;(a) personal information or opinion about (i) the physical, mental or psychological health at any time of an individual; or(ii) a disability at any time of an individual; or(iii) an individual's expressed wishes about the future provision of health services to him or her; or(iv) a health service provided, or to be provided, to an individual; or(b) other personal information collected to provide, or in providing, a health service; or(c) other personal information about an individual collected in connection with the donation, or intended donation, by the individual of his or her body parts, organs or body substances; or(d) genetic information about an individual that is or may be predictive of the health at any time of the individual or any of his or her descendants health service means an activity, other than a prescribed activity, performed in relation to an individual that is intended or claimed by the individual or the person performing it (a) to assess, maintain or improve the individual's health; or(b) to diagnose the individual's illness, injury or disability; or(c) to treat the individual's illness, injury or disability or suspected illness, injury or disability; or(d) to dispense on prescription a drug or medical preparation; or(e) to provide a disability service, palliative care service or aged care service; or(f) to provide a prescribed service or a prescribed class of service in conjunction with any activity referred to in paragraph (a) , (b) , (c) , (d) or (e) ;identifier means anything assigned by a personal information custodian to identify an individual for its operations, other than a name or ABN as defined in the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth;law enforcement agency means any of the following:(a) a police force or police service of (i) the Commonwealth; or(ii) this State; or(iii) any other State or a Territory of the Commonwealth; or(iv) any country;(b) the Australian Crime Commission;(c) a commission established or appointed under any Act of this State or any other State or a Territory of the Commonwealth or of the Commonwealth to investigate matters relating to criminal activity generally or of a specified class;(d) a personal information custodian responsible for the performance of functions relating to (i) the prevention, detection, investigation or prosecution of criminal offences or other offences that impose a penalty or sanction; or(ii) the management of property seized or restrained under a law relating to the confiscation of the proceeds of crime or the enforcement of such a law;(e) an agency established under the Public Service Act 1999 of the Commonwealth responsible for the performance of functions relating to (i) the prevention, detection, investigation or prosecution of criminal offences or other offences that impose a penalty or sanction; or(ii) the management of property seized or restrained under a law relating to the confiscation of the proceeds of crime or the enforcement of such a law;(f) a personal information custodian or an individual or body contracted by a personal information custodian responsible for the execution or implementation of an order, decision or determination of a court or tribunal;(g) a personal information custodian (i) responsible for the issue of warrants; or(ii) that provides correctional services; or(iii) responsible for decisions relating to the release of persons from custody;(h) a personal information custodian responsible for the protection of public revenue under any Act;(i) a personal information custodian responsible for the administration or performance of a function under a law that imposes a penalty or sanction;(j) the Attorney-General;(k) the Solicitor-General appointed and holding office under the Solicitor-General Act 1983 ;(l) the Director of Public Prosecutions appointed and holding office under the Director of Public Prosecutions Act 1973 ;(m) the Ombudsman;(ma) the Anti-Discrimination Commissioner appointed under the Anti-Discrimination Act 1998 ;(n) a prescribed organisation;law enforcement information means information referred to in section 30 of the Right to Information Act 2009 ;Ombudsman means the person appointed and holding office under the Ombudsman Act 1978 ;personal information means any information or opinion in any recorded format about an individual (a) whose identity is apparent or is reasonably ascertainable from the information or opinion; and(b) who is alive or has not been dead for more than 25 years;personal information contract means a contract between a personal information custodian and another person (whether a personal information custodian or not) relating to the collection, use or storage of personal information;personal information custodian means any of the following:(a) a public authority;(b) any body, organisation or person who has entered into a personal information contract relating to personal information;(c) a prescribed body;personal information protection principles means the personal information protection principles referred to in section 16 ;public authority has the same meaning as in the Right to Information Act 2009 ;public information means any personal information that is (a) contained in a publicly available record or publication; or(b) taken to be public information under any Act;record means a record in any format;sensitive information means (a) personal information or an opinion relating to personal information about an individual's (i) racial or ethnic origin; or(ii) political opinions; or(iii) membership of a political association; or(iv) religious beliefs or affiliations; or(v) philosophical beliefs; or(vi) membership of a professional or trade association; or(vii) membership of a trade union; or(viii) sexual preferences or practices; or(ix) criminal record; and(b) health information about an individual;State Archivist has the same meaning as in the Archives Act 1983 .