Victorian Consolidated Legislation

Information Privacy Act 2000 - SECT 58

Functions

58. Functions



The functions of the Privacy Commissioner are-

   (a)  to promote an understanding and acceptance of the Information Privacy
        Principles and of the objects of those Principles;

   (b)  in accordance with Part 4, to consider at the request of an
        organisation whether to advise the Minister to recommend to the
        Governor in Council the approval of a code of practice (or of a
        variation of an approved code of practice) in relation to that
        organisation;







   (c)  in accordance with Part 4, to consider at the request of an individual
        or organisation, or on his or her own initiative, whether to advise
        the Minister to recommend to the Governor in Council the revocation of
        the approval of a code of practice or of a variation of an approved
        code of practice;

   (d)  to issue guidelines in relation to the development of codes of
        practice and variations of a kind referred to in paragraph (b);

   (e)  to issue guidelines on procedures to be adopted, consistent with the
        procedures under the Freedom of Information Act 1982, where-

   (i)  the organisation holding the personal information is an agency within
        the meaning of that Act or a Minister; and

   (ii) the personal information is contained in a document of the agency, or
        an official document of a Minister, within the meaning of that Act;

   (f)  to publish model terms capable of being adopted by an organisation in
        a contract or arrangement with a recipient of personal information
        being transferred by the organisation outside Victoria;

   (g)  to examine the practice of an organisation with respect to personal
        information maintained by that organisation for the purpose of
        ascertaining whether or not the information is maintained according to
        the Information Privacy Principles or any applicable code of practice;





   (h)  subject to this Act, to receive complaints about an act or practice of
        an organisation-

   (i)  that may contravene an Information Privacy Principle; or

   (ii) that may interfere with the privacy of an individual or may otherwise
        have an adverse effect on the privacy of an individual-

and, if the Privacy Commissioner considers it appropriate to do so, to
endeavour, by conciliation, to effect a settlement of the matters that gave
rise to the complaint;

        (i)    to issue compliance notices under Part 6 and to carry out an
               investigation for this purpose;

   (j)  to conduct or commission audits of records of personal information
        maintained by an organisation for the purpose of ascertaining whether
        the records are maintained according to the Information Privacy
        Principles or any applicable code of practice;

   (k)  to monitor and report on the adequacy of equipment and user
        safeguards;

   (l)  to examine and assess any proposed legislation that would require or
        authorise acts or practices of an organisation that may, in the
        absence of the legislation, be interferences with the privacy of an
        individual or that may otherwise have an adverse effect on the privacy
        of an individual, and to report to the Minister the results of the
        examination and assessment;





   (m)  to undertake research into, and to monitor developments in, data
        processing and computer technology (including data matching and data
        linkage) to ensure that any adverse effects of such developments on
        personal privacy are minimised, and to report to the Minister the
        results of the research and monitoring;

   (n)  to make reports and recommendations to the Minister, or the Minister
        responsible for a public sector agency or a Council administering a
        public register, in relation to any matter that concerns the need for,
        or the desirability of, legislative or administrative action in the
        interests of personal privacy;

   (o)  for the purpose of promoting the protection of personal privacy, to
        undertake educational programs on the Privacy Commissioner's own
        behalf or in co-operation with other persons or bodies whose functions
        concern the protection of personal privacy;

   (p)  to make public statements in relation to any matter affecting personal
        privacy or the privacy of any class of individual;

   (q)  to receive and invite representations from members of the public on
        any matter affecting personal privacy;

   (r)  to consult and co-operate with other persons and bodies concerned with
        personal privacy;

   (s)  to provide advice (with or without a request) to any individual or
        organisation on any matter relevant to the operation of this Act;

   (t)  to examine and assess (with or without a request) the impact on
        personal privacy of any act or practice, or proposed act or practice,
        of an organisation;

   (u)  to make suggestions to any individual or organisation in relation to
        any matter that concerns the need for, or the desirability of, action
        by that individual or organisation in the interests of personal
        privacy;

        (v)    to gather information that, in the opinion of the Privacy
               Commissioner, will assist the Privacy Commissioner in carrying
               out his or her functions under this Act;

   (w)  to review any approved code of practice, whether or not expressly
        authorised to do so by the code.