Victorian Consolidated Legislation

Information Privacy Act 2000 - SECT 17

Effect of outsourcing

17. Effect of outsourcing



(1) Subject to this section, the status or effect for the purposes of this Act
of an act or practice is not affected by the existence or operation of a State
contract.

(2) A State contract may provide for the contracted service provider to be
bound by the Information Privacy Principles and any applicable code of
practice with respect to any act done, or practice engaged in, by the
contracted service provider for the purposes of the State contract in the same
way and to the same extent as the outsourcing organisation would have been
bound by them in respect of that act or practice had it been directly done or
engaged in by the outsourcing organisation.

(3) If a provision of a kind referred to in subsection (2) is in force under a
State contract, the Information Privacy Principles and any applicable code of
practice apply to an act done, or practice engaged in, by the contracted
service provider in the same way and to the same extent as they would have
applied to the outsourcing organisation in respect of that act or practice had
it been directly done or engaged in by the outsourcing organisation.



(4) An act or practice that is an interference with the privacy of an
individual done or engaged in by a contracted service provider for the
purposes of the State contract must, for the purposes of this Act and any
applicable code of practice, be taken to have been done or engaged in by the
outsourcing organisation as well as the contracted service provider unless-

   (a)  the outsourcing organisation establishes that a provision of a kind
        referred to in subsection (2) was in force under the State contract at
        the relevant time in relation to the act or practice; and

   (b)  the IPP or applicable code of practice to which the act or practice is
        contrary, or with which it is inconsistent, is capable of being
        enforced against the contracted service provider in accordance with
        the procedures set out in this Act.

(5) Section 68(1) does not apply to an act done or practice engaged in by a
contracted service provider acting within the scope of a State contract.

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