Victorian Consolidated Legislation

Information Privacy Act 2000 - SECT 3

Definitions

3. Definitions



In this Act-

applicable code of practice, in relation to an organisation, means an approved
code of practice by which the organisation is bound;

approved code of practice means a code of practice approved under Part 4 as
varied and in operation for the time being;

body means body (whether incorporated or not);

child means a person under the age of 18 years;

code administrator, in relation to a code of practice, means an independent
code administrator appointed in accordance with the code to whom complaints
may be made in accordance with the code alleging a contravention of the code;

Commonwealth-regulated organisation means an agency within the meaning of the
Privacy Act 1988 of the Commonwealth and to which that Act applies;

consent means express consent or implied consent;

correct, in relation to personal information, means alter that information by
way of amendment, deletion or addition;

Council has the same meaning as in the Local Government Act 1989;

disability has the same meaning as in the Disability Services Act 1991;

enactment means an Act or a Commonwealth Act or an instrument of a legislative
character made under an Act or a Commonwealth Act;

Federal Privacy Commissioner means the Privacy Commissioner appointed under
the Privacy Act 1988 of the Commonwealth;

generally available publication means a publication (whether in paper or
electronic form) that is generally available to members of the public and
includes information held on a public register;

illness means a physical, mental or emotional illness, and includes a
suspected illness;

individual means a natural person;

Information Privacy Principle means any of the Information Privacy Principles
set out in Schedule 1;

insolvent under administration means-

   (a)  a person who is an undischarged bankrupt; or

   (b)  a person for whom a debt agreement has been made under Part IX of the
        Bankruptcy Act 1966 of the Commonwealth (or the corresponding
        provisions of the law of another jurisdiction) if the debt agreement
        has not ended or has not been terminated; or





   (c)  a person who has executed a deed of arrangement under Part X of the
        Bankruptcy Act 1966 of the Commonwealth (or the corresponding
        provisions of the law of another jurisdiction) if the terms of the
        deed have not been fully complied with; or

   (d)  a person whose creditors have accepted a composition under Part X of
        the Bankruptcy Act 1966 of the Commonwealth (or the corresponding
        provisions of the law of another jurisdiction) if a final payment has
        not been made under that composition;

IPP means Information Privacy Principle;

law enforcement agency means-

   (a)  the police force of Victoria or of any other State or of the Northern
        Territory; or

   (b)  the Australian Federal Police; or

   (c)  the Australian Crime Commission; or

   (d)  the Commissioner appointed under section 8A of the
        Corrections Act 1986; or

   (e)  the Business Licensing Authority established under Part 2 of the
        Business Licensing Authority Act 1998; or

   (f)  a commission established by a law of Victoria or the Commonwealth or
        of any other State or a Territory with the function of investigating
        matters relating to criminal activity generally or of a specified
        class or classes; or

   (fa) the Chief Examiner and Examiners appointed under Part 3 of the
        Major Crime (Investigative Powers) Act 2004;

   (fb) the Special Investigations Monitor appointed under Part 2 of the
        Major Crime (Special Investigations Monitor) Act 2004;

   (g)  an agency responsible for the performance of functions or activities
        directed to-

   (i)  the prevention, detection, investigation, prosecution or punishment of
        criminal offences or breaches of a law imposing a penalty or sanction
        for a breach; or

   (ii) the management of property seized or restrained under laws relating to
        the confiscation of the proceeds of crime or the enforcement of such
        laws, or of orders made under such laws; or

   (h)  an agency responsible for the execution or implementation of an order
        or decision made by a court or tribunal, including an agency that-

   (i)  executes warrants; or

   (ii) provides correctional services, including a contractor within the
        meaning of the Corrections Act 1986, or a sub-contractor of that
        contractor, but only in relation to a function or duty or the exercise
        of a power conferred on it by or under that Act; or

   (iii) makes decisions relating to the release of persons from custody; or

   (i)  an agency responsible for the protection of the public revenue under a
        law administered by it;

officer, in relation to a body corporate, has the meaning given by section 82A
of the Corporations Act;

organisation means a person or body that is an organisation to which this Act
applies by force of Division 1 of Part 2;

parent, in relation to a child, includes-

   (a)  a step-parent;

   (b)  an adoptive parent;

   (c)  a foster parent;

   (d)  a guardian;

   (e)  a person who has custody or daily care and control- of the child;

personal information means information or an opinion (including information or
an opinion forming part of a database), that is recorded in any form and
whether true or not, about an individual whose identity is apparent, or can
reasonably be ascertained, from the information or opinion, but does not
include information of a kind to which the Health Records Act 2001 applies;

personal privacy means privacy of personal information;

Privacy Commissioner means Privacy Commissioner appointed under Part 7;

public register means a document held by a public sector agency or a Council
and open to inspection by members of the public (whether or not on payment of
a fee) by force of a provision made by or under an Act other than the
Freedom of Information Act 1982 or the Public Records Act 1973 containing
information that-

   (a)  a person or body was required or permitted to give to that public
        sector agency or Council by force of a provision made by or under an
        Act; and

   (b)  would be personal information if the document were not a generally
        available publication; public sector agency means a public service
        body or a public entity within the meaning of the
        Public Administration Act 2004;



State contract means a contract between an organisation and another person or
body (whether an organisation for the purposes of this Act or not) under which
services are to be provided to one (the outsourcing organisation) by the other
(the contracted service provider) in connection with the performance of
functions of the outsourcing organisation, including services that the
outsourcing organisation is to provide to other persons or bodies;

third party, in relation to personal information, means a person or body other
than the organisation holding the information and the individual to whom the
information relates;

Tribunal means Victorian Civil and Administrative Tribunal established by the
Victorian Civil and Administrative Tribunal Act 1998.