Tasmanian Consolidated Acts

PERSONAL INFORMATION PROTECTION ACT 2004 - SECT 3

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 –

(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 –

other than prescribed information, a prescribed class of information or information contained in a prescribed class of documents;

"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;

(n) a prescribed organisation;

"law enforcement information" means information referred to in section 28(1) of the Freedom of Information Act 1991;

"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 sector body;

(b) a council;

(c) the University of Tasmania;

(d) any body, organisation or person who has entered into a personal information contract relating to personal information;

(e) a prescribed body;

"personal information protection principles" means the personal information protection principles referred to in section 16;

"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;

"public sector body" means any of the following:

(a) an Agency as defined in the State Service Act 2000;

(b) a statutory board;

(c) a holder of a statutory office;

(d) a Government Business Enterprise under the Government Business Enterprises Act 1995;

(e) a Minister;

(f) a body whose members, or a majority of whose members, are appointed by the Governor or a Minister;

(g) a prescribed body;

"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.