Victorian Consolidated Legislation

Information Privacy Act 2000 - SECT 20

Organisations bound by code of practice

20. Organisations bound by code of practice



(1) An approved code of practice binds-

   (a)  any organisation-

   (i)  that sought approval of it; or

   (ii) that consents to be bound by the approved code; and

   (b)  any organisation that, by notice in writing given to the Privacy
        Commissioner, states that it intends to be bound by the approved code
        of practice as it is then in operation and that is capable of applying
        to the organisation.

(2) A notice under subsection (1)(b) may indicate an intention that the
organisation be bound by the approved code of practice-

   (a)  generally; or

   (b)  only in respect of specified information or a specified class of
        information collected, held, used or disclosed by it; or

   (c)  only in respect of any specified activity or class of activity.

(3) A notice under subsection (1)(b) has no effect unless the Privacy
Commissioner approves it.



(4) The Privacy Commissioner may approve a notice under subsection (1)(b) if
satisfied that the approved code of practice is capable of applying to the
organisation to the extent set out in the notice.

(5) An organisation is bound by an approved code of practice-

   (a)  in the case of an organisation referred to in subsection (1)(a), on
        and from the coming into operation of the code; and

   (b)  in the case of an organisation referred to in subsection (1)(b), on
        and from the date expressed in the notice under that subsection as the
        date on and from which the organisation will be bound by the code or
        the date on which the organisation is notified of the Privacy
        Commissioner's approval of the notice, whichever is the later.

(6) An organisation bound by an approved code of practice may, by notice in
writing given to the Privacy Commissioner, state that it intends to cease to
be bound by that code.

(7) An organisation ceases to be bound by an approved code of practice on and
from the date of the notice under subsection (6) or such later date as is
expressed in that notice as the date on and from which the organisation will
cease to be bound by the code.