Victorian Consolidated Legislation

Information Privacy Act 2000 - SECT 9

Application of Act

9. Application of Act



(1) This Act applies to-

   (a)  a Minister;

   (b)  a Parliamentary Secretary, including the Parliamentary Secretary of
        the Cabinet;

   (c)  a public sector agency;

   (d)  a Council;

   (e)  a body established or appointed for a public purpose by or under an
        Act;

   (f)  a body established or appointed for a public purpose by the Governor
        in Council, or by a Minister, otherwise than under an Act;

   (g)  a person holding an office or position established by or under an Act
        (other than the office of member of the Parliament of Victoria) or to
        which he or she was appointed by the Governor in Council, or by a
        Minister, otherwise than under an Act;

   (h)  a court or tribunal;

        (i)    the police force of Victoria;

   (j)  a contracted service provider, but only in relation to its provision
        of services under a State contract which contains a provision of a
        kind referred to in section 17(2);





   (k)  any other body that is declared, or to the extent that it is declared,
        by an Order under subsection (2)(a) to be an organisation for the
        purposes of this subsection-

excluding any person or body that is a Commonwealth-regulated organisation or
declared, or to the extent that it is declared, by an Order under subsection
(2)(b) not to be an organisation for the purposes of the relevant paragraph of
this subsection.

(2) The Governor in Council may, by Order published in the Government Gazette-

   (a)  declare a body to be, either wholly or to the extent specified in the
        Order, an organisation for the purposes of subsection (1); or

   (b)  declare a body referred to in paragraph (e) or (f) of subsection (1),
        or a person holding an office or position referred to in paragraph (g)
        of subsection (1), not to be an organisation for the purposes of that
        paragraph, either wholly or to the extent specified in the Order.

(3) The Minister may only recommend to the Governor in Council the making of
an Order under subsection (2)(b) in respect of a body or person if satisfied
that the collection, holding, management, use, disclosure and transfer by that
body or person of personal information is more appropriately governed by
another scheme (whether contained in an enactment or given legislative force
by an enactment) which would apply if that person or body were not an
organisation for the purposes of the relevant paragraph of subsection (1),
either wholly or to the extent specified in the Order.



(4) A person or body to which this Act applies by force of subsection (1) is
an organisation for the purposes of this Act, either wholly or to the relevant
extent.

(5) This section is subject to Division 2.

Division 2-Exemptions