INFORMATION PRIVACY ACT 2009 - As at 1 March 2023 - Act 14 of 2009
- As at 1 March 2023 - Act 14 of 2009Table of Provisions
CHAPTER 1 - PRELIMINARY
PART 1 - INTRODUCTORY
- 1 Short title
- 2 Commencement
- 3 Object of Act
- 4 Act not intended to prevent other accessing or amendment of personal information
- 5 Relationship with other Acts requiring access to or amendment of personal information
- 6 Scope of personal information under this Act
- 7 Relationship with other Acts prohibiting disclosure of information
- 8 Relationship with other Acts regulating disposal of information
- 9 Relationship with Right to Information Act
- 10 Act binds State
PART 2 - INTERPRETATION
- 11 Definitions
- 12 Meaning of personal information
- 13 Meaning of document of an agency for ch 3
- 14 Meaning of document of a Minister for ch 3
- 15 Meaning of document otherwise
- 16 Meaning of document to which the privacy principles do not apply
- 17 Meaning of agency for ch 3
- 18 Meaning of agency otherwise
- 19 Meaning of entity to which the privacy principles do not apply
- 20 Special provision about application of Act other than ch 3 to a Minister
- 21 Meaning of public authority
- 22 Meaning of processing period and transfer period for ch 3
- 23 What it means to disclose personal information and to use personal information
- 24 Meaning of control of a document
- 25 References to IPPs and NPPs
CHAPTER 2 - PRIVACY PRINCIPLES
PART 1 - COMPLIANCE WITH IPPS BY AGENCIES
- 26 Information Privacy Principles
- 27 Agencies to comply with IPPs
- 28 Noncompliance with particular IPPs
- 29 Special provision for law enforcement agencies
PART 2 - COMPLIANCE WITH NPPS
- 30 National Privacy Principles
- 31 Health agencies to comply with NPPs
- 32 Noncompliance with particular NPPs
PART 3 - TRANSFER OF PERSONAL INFORMATION OUTSIDE AUSTRALIA
- 33 Transfer of personal information outside Australia
PART 4 - COMPLIANCE WITH PARTS 1 TO 3 BY CONTRACTED SERVICE PROVIDERS
- 34 Meaning of service arrangement
- 35 Binding a contracted service provider to privacy principles
- 36 Bound contracted service provider to comply with privacy principles
- 37 Contracting agency to comply with privacy principles if contracted service provider not bound
PART 5 - PROVISION OF INFORMATION TO MINISTERS
- 38 Personal information relevant to portfolio responsibilities
PART 6 - MISCELLANEOUS
- 39 Nature of rights created by pts 1 to 3
CHAPTER 3 - DISCLOSURE AND AMENDMENT BY APPLICATION UNDER THIS ACT
PART 1 - RIGHT TO ACCESS AND AMENDMENT
- 40 Right to be given access to particular documents
- 41 Right to amend personal information in particular documents
- 42 Other ways of accessing or amending personal information
PART 2 - ACCESS AND AMENDMENT APPLICATIONS
- 43 Making access application
- 44 Making amendment application
- 45 Making access or amendment applications for children
- 46 Access or amendment application may not be made to commissioner
- 47 Application for documents then existing
- 48 Application for metadata
- 49 Application not for backup system documents
PART 3 - DEALING WITH APPLICATION
Division 1 - Decision-maker
Division 2 - Preliminary contact with applicant
- 52 Application outside scope of Act
- 53 Noncompliance with application requirement
- 54 Access application not limited to personal information
- 55 Longer processing period
Division 3 - Contact with relevant third party
- 56 Disclosure of concern to third party
Division 4 - Transfers
- 57 Transfer of access or amendment application
PART 4 - REFUSAL TO DEAL WITH ACCESS OR AMENDMENT APPLICATION
- 58 Pro-disclosure bias and pro-amendment bias in deciding to deal with applications
- 59 Exempt information
- 60 Effect on agency’s or Minister’s functions
- 61 Prerequisites before refusal because of effect on functions
- 62 Previous application for same documents—access application
- 63 Previous application for same documents—amendment application
PART 5 - DECISION
Division 1 - Access applications
- 64 Pro-disclosure bias in deciding access to documents
- 65 Considered decision on access application
- 66 Deemed decision on access application
- 67 Grounds on which access may be refused
- 68 Notification of decision and reasons—access application
- 69 Information as to existence of particular documents
Division 2 - Amendment applications
- 70 Considered decision on amendment application
- 71 Deemed decision on amendment application
- 72 Grounds on which amendment may be refused
- 73 Notification of decision and reasons—amendment application
- 74 Amendment of document by alteration or notation
- 75 Notation to information
- 76 Particular notations required to be added
PART 6 - CHARGING REGIME
Division 1 - Preliminary
Division 2 - Payment of charges
- 79 Requirement to pay access charge
Division 3 - Waiver of charges
PART 7 - GIVING ACCESS
- 83 Forms of access
- 84 Time limit for access
- 85 Precautions
- 86 Precautions for children
- 87 Deferral of access
- 88 Deletion of irrelevant information
- 89 Deletion of exempt information
- 90 Deletion of contrary to public interest information
- 91 Giving summary of personal information to applicant or intermediary
- 92 Giving relevant healthcare information to applicant’s nominated healthcare professional
PART 8 - INTERNAL REVIEW
- 93 Definitions for pt 8
- 94 Internal review
- 95 Decisions that may not be reviewed
- 96 Applying for internal review
- 97 When internal review application to be decided
PART 9 - EXTERNAL REVIEW
Division 1 - Preliminary
- 98 Definitions for pt 9
- 99 External review
- 100 Onus
Division 2 - Application
Division 3 - After application made
- 103 Early resolution encouraged
- 104 Agency or Minister to be informed of application for external review of deemed decision
- 105 Agency or Minister to be informed before external review of decision
- 106 Applications where decision delayed
- 107 Information commissioner may decide not to review
Division 4 - Conduct of external review
Division 5 - Powers of information commissioner on external review
- 111 Preliminary inquiries
- 112 Better reasons
- 113 Access to documents
- 114 Access in particular form
- 115 Requiring a search
- 116 Requiring information, documents and attendance
- 117 Examining witnesses
- 118 Additional powers
- 119 Restrictions under other laws not applicable
- 120 Information commissioner to ensure proper disclosure and return of documents
- 121 Information commissioner to ensure non-disclosure of particular information
- 122 Exception for successful challenge of s 69(2) notice
Division 6 - Decision on external review
Division 7 - Miscellaneous
PART 10 - VEXATIOUS APPLICANTS
PART 11 - REFERENCES OF QUESTIONS OF LAW AND APPEALS
- 129 Definitions for pt 11 130. (Repealed)
- 131 Reference of questions of law to Queensland Civil and Administrative Tribunal
- 132 Appeal to Queensland Civil and Administrative Tribunal on question of law
- 133 Application to Queensland Civil and Administrative Tribunal for review of vexatious applicant declaration
CHAPTER 4 - INFORMATION COMMISSIONER AND PRIVACY COMMISSIONER
Note—PART 1 - FUNCTIONS OF INFORMATION COMMISSIONER UNDER THIS ACT
- 134 Information commissioner not subject to direction
- 135 Performance monitoring and support functions
- 136 Decision-making functions
- 137 External review functions
- 138 Guidelines under Right to Information Act
PART 2 - STAFF OF OFFICE OF INFORMATION COMMISSIONER IN RELATION TO THIS ACT
PART 3 - PRIVACY COMMISSIONER
- 141 The Privacy Commissioner
- 142 Role and function of privacy commissioner
- 143 Privacy commissioner subject to direction of information commissioner
- 144 Appointment
- 145 Procedure before appointment
- 146 Term of appointment
- 147 Remuneration and conditions
- 148 Leave of absence
- 149 Preservation of rights if public service officer appointed
- 150 Restriction on outside employment
- 151 Resignation
- 152 Acting privacy commissioner
PART 4 - PROCEEDINGS
- 153 Third party proceedings
- 154 Costs in proceedings
- 155 Information commissioner and privacy commissioner may appear in proceedings
- 156 Intervention by Attorney-General
PART 5 - WAIVING OR MODIFYING PRIVACY PRINCIPLES OBLIGATIONS IN THE PUBLIC INTEREST
- 157 Waiver or modification approval
PART 6 - COMPLIANCE NOTICES
- 158 Compliance notice
- 159 Extension of time for compliance
- 160 Agency must comply with notice
- 161 Application to Queensland Civil and Administrative Tribunal for review of decision to give compliance notice
- 162 Parties to QCAT proceeding
- 163 How QCAT may dispose of review
CHAPTER 5 - PRIVACY COMPLAINTS
Note—PART 1 - MAKING PRIVACY COMPLAINTS
- 164 Meaning of privacy complaint
- 165 Privacy complaint may be made or referred to information commissioner
- 166 Requirements for privacy complaint
PART 2 - DEALING WITH PRIVACY COMPLAINTS
- 167 Preliminary action
- 168 Information commissioner may decline to deal with or to deal further with complaint
- 169 Referral of privacy complaint to other entity
- 170 Arrangement with ombudsman
PART 3 - MEDIATION OF PRIVACY COMPLAINTS
- 171 Attempting resolution through mediation
- 172 Certification of mediated agreement
- 173 Filing of certified agreement with Queensland Civil and Administrative Tribunal
PART 4 - REFERRAL OF PRIVACY COMPLAINTS TO QCAT
- 174 Application of pt 4
- 175 Advice to parties
- 176 Referral to Queensland Civil and Administrative Tribunal
- 177 Parties to QCAT proceeding
- 178 How QCAT may dispose of complaint
CHAPTER 6 - PROTECTIONS AND OFFENCES
Note—PART 1 - PROTECTIONS
- 179 Access—protection against actions for defamation or breach of confidence
- 180 Publication—protection against actions for defamation or breach of confidence
- 181 Access—protection in respect of offences
- 182 Publication—protection in respect of offences
- 183 Protection of agency, information commissioner etc. from personal liability
PART 2 - OFFENCES
- 184 Direction to act in particular way
- 185 Unlawful access
- 186 False or misleading information
- 187 Failure to produce documents or attend proceedings
- 188 Disclosure or taking advantage of information
CHAPTER 7 - MISCELLANEOUS PROVISIONS
Note—PART 1 - ARCHIVAL DOCUMENTS
- 189 Operation of Public Records Act 2002
- 190 Non-official documents in Queensland State Archives etc.
- 191 Official documents in Queensland State Archives
PART 2 - OPERATION OF THIS ACT
- 192 Review of Act
- 193 Reports of information commissioner
- 194 Report to Assembly on Act’s operation
- 195 Functions of parliamentary committee
PART 3 - OTHER
- 196 Power of person acting for another person
- 197 Power of information commissioner for compliance notices and privacy complaints
- 198 Rules and procedures of Queensland Civil and Administrative Tribunal
- 199 Contents of prescribed written notice
- 200 Approval of forms
- 201 Regulation-making power
CHAPTER 8 - TRANSITIONAL PROVISIONS
PART 1 - TRANSITIONAL PROVISIONS FOR ACT NO. 14 OF 2009
- 202 Delayed application of Act other than ch 3 to local governments
- 203 Outdated references
- 204 Pre-enactment recruitment process
- 205 Refusal to deal with application—previous application for same documents
- 206 Delayed filing of certified agreement with QCAT
- 207 Delayed referral of privacy complaint to QCAT
- 208 Delayed application to QCAT
- 209 Privacy complaints to relate to actions after ch 5 commencement
- 210 Continuing application of relevant information standards
- 211 Acts and practices authorised before relevant date
PART 2 - TRANSITIONAL PROVISIONS FOR STATE PENALTIES ENFORCEMENT AND OTHER LEGISLATION AMENDMENT ACT 2009
- 212 Definition for pt 2
- 213 Retrospective validation for particular delegations and directions
- 214 Decision under s 69(2) is a reviewable decision