Victorian Consolidated Legislation

Information Privacy Act 2000 - SECT 16

Organisations to comply with IPPs

16. Organisations to comply with IPPs



(1) On and from the first anniversary of the commencement of section 15, an
organisation must not do an act, or engage in a practice, that contravenes an
Information Privacy Principle in respect of personal information collected,
held, managed, used, disclosed or transferred by it.





(2) Subsection (1) does not apply to the doing of an act, or the engaging in
of a practice, by an organisation that, but for this subsection, would
constitute a contravention of an Information Privacy Principle, if-

   (a)  the doing of the act or the engaging in of the practice is necessary
        for the performance of a contract to which the organisation is a party
        entered into by the organisation before 26 May 2000; and

   (b)  the act is done or the practice is engaged in before the second
        anniversary of the commencement of section 15 or the end of any
        extension of that period granted in relation to that contract under
        subsection (3).

(3) On the application of an organisation before the second anniversary of the
commencement of section 15 or before the expiry of any extension of that
period granted under this subsection, the Privacy Commissioner may grant an
extension of that period in relation to a specified contract if he or she is
of the opinion that the organisation is doing its best-

   (a)  to comply with the IPPs consistent with its obligations under the
        contract; and

   (b)  to seek to have the contract re-negotiated to enable the organisation
        to comply fully with the IPPs.









(4) A public sector agency or a Council must, in administering a public
register, so far as is reasonably practicable not do an act or engage in a
practice that would contravene an Information Privacy Principle in respect of
information collected, held, managed, used, disclosed or transferred by it in
connection with the administration of the public register if that information
were personal information.