Victorian Consolidated Legislation

INFORMATION PRIVACY ACT 2000

No. 98 of 2000
Version incorporating amendments as at 1 December 2008

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      Purposes
   2.      Commencement
   3.      Definitions
   4.      Interpretative provisions
   5.      Objects of Act
   6.      Relationship of this Act to other laws
   7.      Nature of rights created by this Act
   8.      Act binds the Crown

   PART 2-APPLICATION OF THIS ACT

           Division 1-Public sector organisations

   9.      Application of Act

           Division 2-Exemptions

   10.     Courts, tribunals, etc.
   10A.    Parliamentary Committees
   11.     Publicly-available information
   12.     Freedom of Information Act 1982.
   13.     Law enforcement

   PART 3-INFORMATION PRIVACY

   14.     Information Privacy Principles
   15.     Application of IPPs
   16.     Organisations to comply with IPPs
   17.     Effect of outsourcing

   PART 4-CODES OF PRACTICE

   18.     Codes of practice
   19.     Process for approval of code of practice or code variation
   20.     Organisations bound by code of practice
   21.     Effect of approved code
   22.     Codes of practice register
   23.     Revocation of approval
   24.     Effect of revocation of approval or variation or expiry of approved code

   PART 5-COMPLAINTS

           Division 1-Making a complaint

   25.     Complaints
   26.     Complaint referred to Privacy Commissioner
   27.     Complaints by minors and people with an impairment

           Division 2-Procedure after a complaint is made

   28.     Privacy Commissioner must notify respondent
   29.     Circumstances in which Privacy Commissioner may decline to entertain complaint
   30.     Privacy Commissioner may dismiss stale complaint
   31.     Minister may refer a complaint direct to Tribunal
   32.     What happens if conciliation is inappropriate?

           Division 3-Conciliation of complaints

   33.     Conciliation process
   34.     Power to obtain information and documents
   34A.    Referral of complaint to Health Services Commissioner or Disability Services Commissioner
   35.     Conciliation agreements
   36.     Evidence of conciliation is inadmissible
   37.     What happens if conciliation fails?

           Division 4-Interim orders

   38.     Tribunal may make interim orders before hearing

           Division 5-Jurisdiction of the Tribunal

   39.     When may the Tribunal hear a complaint?
   40.     Who are the parties to a proceeding?
   41.     Time limits for certain complaints
   42.     Inspection of exempt documents by Tribunal
   43.     What may the Tribunal decide?

   PART 6-ENFORCEMENT OF INFORMATION PRIVACY PRINCIPLES

   44.     Compliance notice
   45.     Power to obtain information and documents
   46.     Power to examine witnesses
   47.     Protection against self-incrimination
   48.     Offence not to comply with compliance notice
   49.     Application for review

   PART 7-PRIVACY COMMISSIONER

   50.     Privacy Commissioner
   51.     Remuneration and allowances
   52.     Terms and conditions of appointment
   53.     Vacancy, resignation
   54.     Suspension of Privacy Commissioner
   55.     Acting appointment
   56.     Validity of acts and decisions
   57.     Staff
   58.     Functions
   59.     Powers
   60.     Privacy Commissioner to have regard to certain matters
   61.     Delegation
   62.     Annual reports
   63.     Other reports

   PART 8-GENERAL

   64.     Capacity to consent or make a request or exercise right of
           access
   65.     Failure to attend etc. before Privacy Commissioner
   66.     Protection from liability
   67.     Secrecy
   68.     Employees and agents
   69.     Charges for access
   70.     Offences by organisations or bodies
   71.     Prosecutions
   72.     Supreme Court-limitation of jurisdiction
   73.     Regulations

   PART 9-AMENDMENT OF CERTAIN ACTS

           74-80. Repealed
   81.     Amendment of Information Privacy Act 2000.
           __________________
           SCHEDULE 1-The Information Privacy Principles
           1. Principle 1-Collection
           2. Principle 2-Use and Disclosure
           3. Principle 3-Data Quality
           4. Principle 4-Data Security
           5. Principle 5-Openness
           6. Principle 6-Access and Correction
           7. Principle 7-Unique Identifiers
           8. Principle 8-Anonymity
           9. Principle 9-Transborder Data Flows
           10. Principle 10-Sensitive Information
           SCHEDULE 2-Repealed
           ---------------
           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details