6 - Interpretation6AA - Meaning of responsible person6A - Breach of an Australian Privacy Principle6B - Breach of a registered APP code6BA - Breach of the registered CR code6C - Organisations6D - Small business and small business operators6DA - What is the annual turnover of a business?6E - Small business operator treated as organisation6EA - Small business operators choosing to be treated as organisations6F - State instrumentalities etc. treated as organisations6FA - Meaning of health information6FB - Meaning of health service6G - Meaning of credit provider6H - Agents of credit providers6J - Securitisation arrangements etc.6K - Acquisition of the rights of a credit provider6L - Meaning of access seeker6M - Meaning of credit and amount of credit6N - Meaning of credit information6P - Meaning of credit reporting business6Q - Meaning of default information6R - Meaning of information request6S - Meaning of new arrangement information6T - Meaning of payment information6U - Meaning of personal insolvency information6V - Meaning of repayment history information7 - Acts and practices of agencies, organisations etc.7A - Acts of certain agencies treated as acts of organisation7B - Exempt acts and exempt practices of organisations7C - Political acts and practices are exempt8 - Acts and practices of, and disclosure of information to, staff of agency, organisation etc.10 - Agencies that are taken to hold a record11 - File number recipients12A - Act not to apply in relation to State banking or insurance within that State12B - Severability—additional effect of this Act
19 - Guide to this Part20 - Guide to this Division20A - Application of this Division and the Australian Privacy Principles to credit reporting bodies20B - Open and transparent management of credit reporting information20C - Collection of solicited credit information20D - Dealing with unsolicited credit information20E - Use or disclosure of credit reporting information20F - Permitted CRB disclosures in relation to individuals20G - Use or disclosure of credit reporting information for the purposes of direct marketing20H - Use or disclosure of pre screening assessments20J - Destruction of pre screening assessment20K - No use or disclosure of credit reporting information during a ban period20L - Adoption of government related identifiers20M - Use or disclosure of credit reporting information that is de identified20N - Quality of credit reporting information20P - False or misleading credit reporting information20Q - Security of credit reporting information20R - Access to credit reporting information20S - Correction of credit reporting information20T - Individual may request the correction of credit information etc.20U - Notice of correction etc. must be given20V - Destruction etc. of credit reporting information after the retention period ends20W - Retention period for credit information—general20X - Retention period for credit information—personal insolvency information20Y - Destruction of credit reporting information in cases of fraud20Z - Dealing with information if there is a pending correction request etc.20ZA - Dealing with information if an Australian law etc. requires it to be retained21 - Guide to this Division21A - Application of this Division to credit providers21B - Open and transparent management of credit information etc.21C - Additional notification requirements for the collection of personal information etc.21D - Disclosure of credit information to a credit reporting body21E - Payment information must be disclosed to a credit reporting body21F - Limitation on the disclosure of credit information during a ban period21G - Use or disclosure of credit eligibility information21H - Permitted CP uses in relation to individuals21J - Permitted CP disclosures between credit providers21K - Permitted CP disclosures relating to guarantees etc.21L - Permitted CP disclosures to mortgage insurers21M - Permitted CP disclosures to debt collectors21N - Permitted CP disclosures to other recipients21NA - Disclosures to certain persons and bodies that do not have an Australian link21P - Notification of a refusal of an application for consumer credit21Q - Quality of credit eligibility information21R - False or misleading credit information or credit eligibility information21S - Security of credit eligibility information21T - Access to credit eligibility information21U - Correction of credit information or credit eligibility information21V - Individual may request the correction of credit information etc.21W - Notice of correction etc. must be given22 - Guide to this Division22A - Open and transparent management of regulated information22B - Additional notification requirements for affected information recipients22C - Use or disclosure of information by mortgage insurers or trade insurers22D - Use or disclosure of information by a related body corporate22E - Use or disclosure of information by credit managers etc.22F - Use or disclosure of information by advisers etc.23 - Guide to this Division23A - Individual may complain about a breach of a provision of this Part etc.23B - Dealing with complaints23C - Notification requirements relating to correction complaints24 - Obtaining credit reporting information from a credit reporting body24A - Obtaining credit eligibility information from a credit provider25 - Compensation orders25A - Other orders to compensate loss or damage
36A - Guide to this Part36 - Complaints37 - Principal executive of agency38 - Conditions for making a representative complaint38A - Commissioner may determine that a complaint is not to continue as a representative complaint38B - Additional rules applying to the determination of representative complaints38C - Amendment of representative complaints39 - Class member for representative complaint not entitled to lodge individual complaint40 - Investigations40A - Conciliation of complaints41 - Commissioner may or must decide not to investigate etc. in certain circumstances42 - Preliminary inquiries43 - Conduct of investigations43A - Interested party may request a hearing44 - Power to obtain information and documents45 - Power to examine witnesses46 - Directions to persons to attend compulsory conference47 - Conduct of compulsory conference48 - Complainant and certain other persons to be informed of various matters49 - Investigation under section 40 to cease if certain offences may have been committed49A - Investigation under section 40 to cease if civil penalty provision under Personal Property Securities Act 2009 may have been contravened50 - Reference of matters to other authorities50A - Substitution of respondent to complaint51 - Effect of investigation by Auditor General52 - Determination of the Commissioner53 - Determination must identify the class members who are to be affected by the determination53A - Notice to be given to outsourcing agency53B - Substituting an agency for a contracted service provider54 - Application of Division55 - Obligations of organisations and small business operators55A - Proceedings in the Federal Court or Federal Circuit Court to enforce a determination55B - Evidentiary certificate57 - Application of Division58 - Obligations of agencies59 - Obligations of principal executive of agency60 - Compensation and expenses62 - Enforcement of determination against an agency63 - Legal assistance64 - Commissioner etc. not to be sued65 - Failure to attend etc. before Commissioner66 - Failure to give information etc.67 - Protection from civil actions68 - Power to enter premises68A - Identity cards70 - Certain documents and information not required to be disclosed70B - Application of this Part to former organisations
80U - Civil penalty provisions80V - Enforceable undertakings80W - Injunctions
Note: This lets the Commissioner take action overseas to investigate complaints and lets the ancillary provisions of Part V operate in that context.
ACC means the Australian Crime Commission.
Board of the ACC means the Board of the Australian Crime Commission established under section 7B of the Australian Crime Commission Act 2002.
Commissioner means the Information Commissioner within the meaning of the Australian Information Commissioner Act 2010.
Commissioner of Police means the Commissioner of Police appointed under the Australian Federal Police Act 1979.
Commission of inquiry means:
(a) the Commission of inquiry within the meaning of the Quarantine Act 1908 (as in force immediately before its repeal); or
(b) a Commission of inquiry within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
(aa) the Integrity Commissioner; or
(e) the Australian Securities and Investments Commission; or
(i) the New South Wales Crime Commission; or
(j) the Independent Commission Against Corruption of New South Wales; or
(k) the Law Enforcement Conduct Commission of New South Wales; or
(ka) the Independent Broad based Anti corruption Commission of Victoria; or
(l) the Crime and Corruption Commission of Queensland; or
(la) the Corruption and Crime Commission of Western Australia; or
(lb) the Independent Commissioner Against Corruption of South Australia; or
Integrity Commissioner has the same meaning as in the Law Enforcement Integrity Commissioner Act 2006.
(c) a complaint made to the Commissioner under Part V that relates to the information and that is still being dealt with.
representative complaint means a complaint where the persons on whose behalf the complaint was made include persons other than the complainant, but does not include a complaint that the Commissioner has determined should no longer be continued as a representative complaint.
(c) consult the Commissioner about the matters mentioned in subparagraphs (b)(ii) and (iii).
(b) commission income;
Note: The annual turnover for a financial year of a business carried on by an entity that does not carry on another business will often be similar to the total of the instalment income the entity notifies to the Commissioner of Taxation for the 4 quarters in the year (or for the year, if the entity pays tax in annual instalments).
protected action ballot agent means a person (other than the Australian Electoral Commission) that conducts a protected action ballot under Part 3 3 of the Fair Work Act 2009.
(b) consult the Commissioner about the desirability of regulating under this Act the matters described in paragraph (a).
(2) A small business operator may make a choice in writing given to the Commissioner to be treated as an organisation.
Note: A small business operator may revoke such a choice by writing given to the Commissioner. See subsection 33(3) of the Acts Interpretation Act 1901.
(3) If the Commissioner is satisfied that a small business operator has made the choice to be treated as an organisation, the Commissioner must enter in a register of operators who have made such a choice:
(4) If a small business operator revokes a choice to be treated as an organisation, the Commissioner must remove from the register the material relating to the operator.
(5) The Commissioner may decide the form of the register and how it is to be kept.
(6) The Commissioner must make the register available to the public in the way that the Commissioner determines. However, the Commissioner must not make available to the public in the register information other than that described in subsection (3).
(b) consult the Commissioner about the desirability of regulating under this Act the collection, holding, use, correction and disclosure of personal information by the authority or instrumentality.
(iiia) the Integrity Commissioner; or
(v) a Royal Commission; or
(vi) a Commission of inquiry; or
(ga) the Integrity Commissioner or a staff member of ACLEI (within the meaning of the Law Enforcement Integrity Commissioner Act 2006); or
(2) Except so far as the contrary intention appears, a reference in this Act (other than section 8) to an act or to a practice includes, in the application of this Act otherwise than in respect of the Australian Privacy Principles, a registered APP code and the performance of the Commissioner’s functions in relation to the principles and such a code, a reference to an act done, or a practice engaged in, as the case may be, by an agency specified in Part I of Schedule 2 to the Freedom of Information Act 1982 or in Division 1 of Part II of that Schedule other than:
(2) The Commissioner may, by legislative instrument, make rules relating to the collection, use or disclosure of personal information that apply for the purposes of item 3 of the table in subsection (1).
The Commissioner must, by legislative instrument, issue rules concerning the collection, storage, use and security of tax file number information.
Note: Other Acts may provide that the note must not be made (see for example the Australian Crime Commission Act 2002 and the Law Enforcement Integrity Commissioner Act 2006).
Commissioner may make rules
(3) The Commissioner may, by legislative instrument, make rules relating to the use or disclosure by a credit reporting body of de identified information for the purposes of conducting research in relation to credit.
(ii) make a complaint to the Commissioner under Part V.
(ii) make a complaint to the Commissioner under Part V.
Notification of Commissioner
(2) The credit reporting body must, as soon as practicable, notify in writing the Commissioner of the matter referred to in paragraph (1)(a) or (b) of this section.
(6) The Commissioner may, by legislative instrument, direct the credit reporting body to destroy the information, or ensure that the information is de identified, by a specified day.
(7) If the Commissioner gives a direction under subsection (6) to the credit reporting body, the body must comply with the direction.
(ii) make a complaint to the Commissioner under Part V.
(ii) make a complaint to the Commissioner under Part V.
Note: A complaint about a breach of section 20R or 20T, or a provision of the registered CR code that relates to that section, may be made to the Commissioner under Part V.
Note: A complaint about a breach of section 21T or 21V, or a provision of the registered CR code that relates to that section, may be made to the Commissioner under Part V.
(ii) make a complaint to the Commissioner under Part V.
(b) that loss or damage resulted from the contravention or commission of the offence.
(b) the application is made within 6 years of the day the cause of action that relates to the contravention or commission of the offence accrued.
(b) a person has suffered, or is likely to suffer, loss or damage (including injury to the person’s feelings or humiliation) as a result of the contravention or commission of the offence.
(b) an order directing the entity to pay the person a specified amount to reimburse the person for expenses reasonably incurred by the person in connection with the contravention or commission of the offence; and
(b) the application is made within 6 years of the day the cause of action that relates to the contravention or commission of the offence accrued.
Division 2 deals with codes of practice about information privacy, called APP codes. APP code developers or the Commissioner may develop APP codes, which:
If the Commissioner includes an APP code on the Codes Register, an APP entity bound by the code must not breach it. A breach of a registered APP code is an interference with the privacy of an individual.
Division 3 deals with a code of practice about credit reporting, called a CR code. CR code developers or the Commissioner may develop a CR code, which:
If the Commissioner includes a CR code on the Codes Register, an entity bound by the code must not breach it. A breach of the registered CR code is an interference with the privacy of an individual.
(d) provide for the reporting to the Commissioner about complaints;
At the Commissioner’s request
(2) The Commissioner may, in writing, request an APP code developer to develop an APP code, and apply to the Commissioner for the code to be registered, if the Commissioner is satisfied it is in the public interest for the code to be developed.
(b) may be extended by the Commissioner.
(6) Despite paragraph (5)(a), the Commissioner must not require an APP code to cover an act or practice that is exempt within the meaning of subsection 7B(1), (2) or (3). However, the APP code that is developed by the APP code developer may cover such an act or practice.
(7) The Commissioner must make a copy of the request publicly available as soon as practicable after the request is made.
(1) If an APP code developer develops an APP code, the developer may apply to the Commissioner for registration of the code.
(a) be made in the form and manner specified by the Commissioner; and
(b) be accompanied by such information as is specified by the Commissioner.
(4) The APP code developer may vary the APP code at any time before the Commissioner registers the code, but only with the consent of the Commissioner.
(1) This section applies if the Commissioner made a request under subsection 26E(2) and either:
(b) the request has been complied with but the Commissioner has decided not to register, under section 26H, the APP code that was developed as requested.
(2) The Commissioner may develop an APP code if the Commissioner is satisfied that it is in public interest to develop the code. However, despite subsection 26C(3)(b), the APP code must not cover an act or practice that is exempt within the meaning of subsection 7B(1), (2) or (3).
(3) Before registering the APP code under section 26H, the Commissioner must:
(b) invite the public to make submissions to the Commissioner about the draft within a specified period (which must run for at least 28 days); and
(b) the Commissioner develops an APP code under section 26G;
the Commissioner may register the code by including it on the Codes Register.
(2) In deciding whether to register the APP code, the Commissioner may:
(a) consult any person the Commissioner considers appropriate; and
(3) If the Commissioner decides not to register an APP code developed by an APP code developer, the Commissioner must give written notice of the decision to the developer, including reasons for the decision.
(1) The Commissioner may, in writing, approve a variation of a registered APP code:
(a) be made in the form and manner specified by the Commissioner; and
(b) be accompanied by such information as is specified by the Commissioner.
(3) If the Commissioner varies a registered APP code on his or her own initiative, then, despite subsection 26C(3)(b), the variation must not deal with an act or practice that is exempt within the meaning of subsection 7B(1), (2) or (3).
(4) Before deciding whether to approve a variation, the Commissioner must:
(b) consult any person the Commissioner considers appropriate about the variation; and
(5) In deciding whether to approve a variation, the Commissioner may consider the matters specified in any relevant guidelines made under section 26V.
(6) If the Commissioner approves a variation of a registered APP code (the original code), the Commissioner must:
(7) If the Commissioner approves a variation, the variation comes into effect on the day specified in the approval, which must not be before the day on which the APP code, as varied, is included on the Codes Register.
(1) The Commissioner may remove a registered APP code from the Codes Register:
(a) be made in the form and manner specified by the Commissioner; and
(b) be accompanied by such information as is specified by the Commissioner.
(3) Before deciding whether to remove the registered APP code, the Commissioner must:
(a) consult any person the Commissioner considers appropriate about the proposed removal; and
(4) In deciding whether to remove the registered APP code, the Commissioner may consider the matters specified in any relevant guidelines made under section 26V.
(c) provide for the reporting to the Commissioner about complaints;
(1) The Commissioner may, in writing, request a CR code developer to develop a CR code and apply to the Commissioner for the code to be registered.
(b) may be extended by the Commissioner.
(5) The Commissioner must make a copy of the request publicly available as soon as practicable after the request is made.
(1) If a CR code developer develops a CR code, the developer may apply to the Commissioner for registration of the code.
(a) be made in the form and manner specified by the Commissioner; and
(b) be accompanied by such information as is specified by the Commissioner.
(4) The CR code developer may vary the CR code at any time before the Commissioner registers the code, but only with the consent of the Commissioner.
(1) The Commissioner may develop a CR code if the Commissioner made a request under section 26P and either:
(b) the request has been complied with but the Commissioner has decided not to register, under section 26S, the CR code that was developed as requested.
(2) Before registering the CR code under section 26S, the Commissioner must:
(b) invite the public to make submissions to the Commissioner about the draft within a specified period (which must run for at least 28 days); and
(b) the Commissioner develops a CR code under section 26R;
the Commissioner may register the code by including it on the Codes Register.
(2) In deciding whether to register the CR code, the Commissioner may:
(a) consult any person the Commissioner considers appropriate; and
(3) If the Commissioner decides not to register a CR code developed by a CR code developer, the Commissioner must give written notice of the decision to the developer, including reasons for the decision.
(4) The Commissioner must ensure that there is one, and only one, registered CR code at all times after this Part commences.
(1) The Commissioner may, in writing, approve a variation of the registered CR code:
(a) be made in the form and manner specified by the Commissioner; and
(b) be accompanied by such information as is specified by the Commissioner.
(3) Before deciding whether to approve a variation, the Commissioner must:
(b) consult any person the Commissioner considers appropriate about the variation; and
(4) In deciding whether to approve a variation, the Commissioner may consider the matters specified in any relevant guidelines made under section 26V.
(5) If the Commissioner approves a variation of the registered CR code (the original code), the Commissioner must:
(6) If the Commissioner approves a variation, the variation comes into effect on the day specified in the approval, which must not be before the day on which the CR code, as varied, is included on the Codes Register.
(1) The Commissioner must keep a register (the Codes Register) which includes:
(a) the APP codes the Commissioner has decided to register under section 26H; and
(b) the APP codes the Commissioner must register under section 26J; and
(c) the CR code the Commissioner has decided to register under section 26S; and
(d) the CR code the Commissioner must register under section 26T.
(2) Despite subsection (1), the Commissioner is not required to include on the Codes Register:
(3) The Commissioner must make the Codes Register available on the Commissioner’s website.
(4) The Commissioner may charge fees for providing copies of, or extracts from, the Codes Register.
(1) The Commissioner may make written guidelines:
(2) The Commissioner may make written guidelines about matters the Commissioner may consider in deciding whether:
(3) The Commissioner may publish any such guidelines on the Commissioner’s website.
(1) The Commissioner may review the operation of a registered APP code.
Note: The review may inform a decision by the Commissioner to approve a variation of a registered APP code or to remove a registered APP code from the Codes Register.
(2) The Commissioner may review the operation of the registered CR code.
Note: The review may inform a decision by the Commissioner to approve a variation of the registered CR code.
(b) it is directed to do so by the Commissioner.
(ii) give a copy of the statement to the Commissioner; and
(1) If the Commissioner:
the Commissioner may, by written notice given to the entity:
(2) The Commissioner’s power in paragraph (1)(d) may only be used to extend the time for compliance with subsection 26WL(2) to the end of a period that the Commissioner is satisfied is reasonable in the circumstances.
(3) The Commissioner must not make a declaration under subsection (1) unless the Commissioner is satisfied that it is reasonable in the circumstances to do so, having regard to the following:
(b) any relevant advice given to the Commissioner by:
(c) such other matters (if any) as the Commissioner considers relevant.
(4) Paragraph (3)(b) does not limit the advice to which the Commissioner may have regard.
(5) The Commissioner may give a notice of a declaration to an entity under subsection (1):
(a) on the Commissioner’s own initiative; or
(b) on application made to the Commissioner by the entity.
(ii) in the event that the Commissioner is not disposed to make such a declaration—a paragraph (1)(d) declaration.
(7) If an entity applies to the Commissioner under paragraph (5)(b):
(a) the Commissioner may refuse the application; and
(b) if the Commissioner does so—the Commissioner must give written notice of the refusal to the entity.
(b) the Commissioner makes the declaration, but specifies a different period in the declaration;
the Commissioner is taken not to have refused the application.
(9) If an entity applies to the Commissioner under paragraph (5)(b) for a declaration that, to any extent, relates to an eligible data breach of the entity, sections 26WK and 26WL do not apply in relation to:
until the Commissioner makes a decision in response to the application for the declaration.
(11) If notice of a paragraph (1)(d) declaration has been given to an entity, the Commissioner may, by written notice given to the entity, extend the period specified in the declaration.
(1) If the Commissioner is aware that there are reasonable grounds to believe that there has been an eligible data breach of an entity, the Commissioner may, by written notice given to the entity, direct the entity to:
(b) give a copy of the statement to the Commissioner.
(3) Before giving a direction to an entity under subsection (1), the Commissioner must invite the entity to make a submission to the Commissioner in relation to the direction within the period specified in the invitation.
(b) a description of the eligible data breach that the Commissioner has reasonable grounds to believe has happened; and
(d) recommendations about the steps that individuals should take in response to the eligible data breach that the Commissioner has reasonable grounds to believe has happened.
(5) A direction under subsection (1) may also require the statement referred to in paragraph (1)(a) to set out specified information that relates to the eligible data breach that the Commissioner has reasonable grounds to believe has happened.
(6) In deciding whether to give a direction to an entity under subsection (1), the Commissioner must have regard to the following:
(a) any relevant advice given to the Commissioner by:
(c) such other matters (if any) as the Commissioner considers relevant.
(7) Paragraph (6)(a) does not limit the advice to which the Commissioner may have regard.
(8) If the Commissioner is aware that there are reasonable grounds to believe that the access, disclosure or loss that constituted the eligible data breach of the entity is an eligible data breach of one or more other entities, a direction under subsection (1) may also require the statement referred to in paragraph (1)(a) to set out the identity and contact details of those other entities.
(1) The Commissioner has the following functions:
(a) the functions that are conferred on the Commissioner by or under:
(2) The Commissioner has power to do all things necessary or convenient to be done for, or in connection with, the performance of the Commissioner’s functions.
(3) Without limiting subsection (2), the Commissioner may establish a panel of persons with expertise in relation to a particular matter to assist the Commissioner in performing any of the Commissioner’s functions.
(1) The following are the guidance related functions of the Commissioner:
(2) The Commissioner may publish the guidelines referred to in paragraphs (1)(a) and (b) in such manner as the Commissioner considers appropriate.
(a) the Commissioner; or
(b) a person or authority acting on behalf of the Commissioner.
(1) The following are the monitoring related functions of the Commissioner:
(c) examining the records of the Commissioner of Taxation to ensure that the Commissioner:
(2) The following are also the monitoring related functions of the Commissioner:
(3) The functions referred to in paragraphs (2)(a) and (b) may be performed by the Commissioner:
(b) on the Commissioner’s own initiative.
(1) The following are the advice related functions of the Commissioner:
(2) The functions referred to in paragraphs (1)(a), (c) and (d) may be performed by the Commissioner on request or on the Commissioner’s own initiative.
(3) The Commissioner may perform the function referred to in paragraph (1)(b) whenever the Commissioners think it is necessary to do so.
The Commissioner must have due regard to the objects of this Act in performing the Commissioner’s functions, and exercising the Commissioner’s powers, conferred by this Act.
(1) Where the Commissioner has investigated an act or practice without a complaint having been made under section 36, the Commissioner may report to the Minister about the act or practice, and shall do so:
(b) if the Commissioner:
(2) Where the Commissioner reports under subsection (1) about an act done in accordance with a practice, the Commissioner shall also report to the Minister about the practice.
(3) Where, after an investigation of an act or practice of an agency, file number recipient, credit reporting body or credit provider that is an interference with the privacy of an individual under subsection 13(1), (2) or (4), the Commissioner is required by virtue of paragraph (1)(b) of this section to report to the Minister about the act or practice, the Commissioner:
(b) may include in the report any recommendations by the Commissioner for preventing a repetition of the act or a continuation of the practice;
(c) may include in the report any recommendation by the Commissioner for either or both of the following:
(4) Where, at the end of 60 days after a copy of a report about an act or practice of an agency, file number recipient, credit reporting body or credit provider was served under subsection (3), the Commissioner:
the Commissioner shall give to the Minister a further report that:
(c) incorporates the first mentioned report and any document that the Commissioner has received, in response to the first mentioned report, from the agency, file number recipient, credit reporting body or credit provider;
(d) states whether, to the knowledge of the Commissioner, any action has been taken as a result of the findings, and recommendations (if any), set out in the first mentioned report and, if so, the nature of that action; and
(e) states why the Commissioner is not satisfied that reasonable steps have been taken to prevent a repetition of the act or a continuation of the practice;
(1) Where the Commissioner has examined a proposed enactment under paragraph 28A(2)(a), subsections (2) and (3) of this section have effect.
(2) If the Commissioner thinks that the proposed enactment would require or authorise acts or practices of an entity that would be interferences with the privacy of individuals, the Commissioner shall:
(3) Otherwise, the Commissioner may report to the Minister about the proposed enactment, and shall do so if so directed by the Minister.
(4) Where the Commissioner is of the belief that it is in the public interest that the proposed enactment should be the subject of a further report, the Commissioner may give to the Minister a further report setting out the Commissioner’s reasons for so doing.
(1) If the Commissioner has:
the Commissioner may report to the Minister about the activity or assessment, and must do so if so directed by the Minister.
(2) Where the Commissioner is of the belief that it is in the public interest that the activity or assessment should be the subject of a further report, the Commissioner may give to the Minister a further report setting out the Commissioner’s reasons for so doing.
(1) In setting out findings, opinions and reasons in a report to be given under section 30, 31 or 32, the Commissioner may exclude a matter if the Commissioner considers it desirable to do so having regard to the obligations of the Commissioner under subsections (2) and (3).
(2) In deciding under subsection (1) whether or not to exclude matter from a report, the Commissioner shall have regard to the need to prevent:
(3) The Commissioner shall try to achieve an appropriate balance between meeting the need referred to in subsection (2) and the desirability of ensuring that interested persons are sufficiently informed of the results of the Commissioner’s investigation, examination or monitoring.
(4) Where the Commissioner excludes a matter from a report, he or she shall give to the Minister a report setting out the excluded matter and his or her reasons for excluding the matter.
(1) The Commissioner may conduct an assessment of the following matters:
(2) The Commissioner may conduct the assessment in such manner as the Commissioner considers fit.
(b) the Commissioner considers that the activity or function might have a significant impact on the privacy of individuals;
the Commissioner may, in writing, direct the agency to give the Commissioner, within a specified period, a privacy impact assessment about the activity or function.
(6) If an agency does not comply with a direction under subsection (1), the Commissioner must advise both of the following of the failure:
(1) The Commissioner shall not, in connection with the performance of the Commissioner’s functions, give to a person information as to the existence or non existence of a document where information as to the existence or non existence of that document would, if included in a document of an agency, cause the last mentioned document to be:
(2) The Commissioner shall not, in connection with the performance of the Commissioner’s functions, give to a person information:
(e) the applicant has complained to the Commissioner under this Act about the refusal or failure of the agency to amend the document;
(f) the Commissioner has, as a result of the complaint, recommended under subsection 30(3) of this Act that the agency amend the document, or amend a part of the document, to which the applicant has been refused access; and
(g) as at the end of 60 days after a copy of the report containing the recommendation was served on the agency, the Commissioner:
the Commissioner may direct the agency to add to the document an appropriate notation setting out particulars of the amendments of the document that the Commissioner thinks should be made.
(1) The Commissioner may, by written notice, recognise an external dispute resolution scheme:
(2) In considering whether to recognise an external dispute resolution scheme, the Commissioner must take the following matters into account:
(g) any other matter the Commissioner considers relevant.
(3) The Commissioner may:
An individual may complain to the Commissioner about an act or practice that may be an interference with the privacy of the individual. If a complaint is made, the Commissioner is required to investigate the act or practice except in certain circumstances.
The Commissioner may also, on his or her own initiative, investigate an act or practice that may be an interference with the privacy of an individual or a breach of Australian Privacy Principle 1.
The Commissioner has a range powers relating to the conduct of investigations including powers:
After an investigation, the Commissioner may make a determination in relation to the investigation. An entity to which a determination relates must comply with certain declarations included in the determination. Court proceedings may be commenced to enforce a determination.
(1) An individual may complain to the Commissioner about an act or practice that may be an interference with the privacy of the individual.
(a) members of the staff of the Commissioner; and
(b) members of the staff of the Ombudsman who have had powers of the Commissioner delegated to them under section 99;
Item Column 1
Agency
Column 2
Principal executive
1DepartmentThe Secretary of the Department
2An unincorporated body, or a tribunal, referred to in paragraph (c) of the definition of agency in subsection 6(1)The chief executive officer of the body or tribunal
3A body referred to in paragraph (d) of the definition of agency in subsection 6(1)The chief executive officer of the body
4A federal courtThe principal registrar of the court or the person occupying an equivalent office
5The Australian Federal PoliceThe Australian Federal Police The Commissioner of Police
5AA public sector agency (within the meaning of the Public Sector Management Act 2000 of Norfolk Island)The Chief Executive Officer (within the meaning of the Public Sector Management Act 2000 of Norfolk Island)
5BAn unincorporated body, or a tribunal, referred to in paragraph (c) of the definition of Norfolk Island agency in subsection 6(1)The Chief Executive Officer (within the meaning of the Public Service Act 2014 of Norfolk Island)
5DA court of Norfolk IslandThe registrar or principal registrar of the court or the person occupying an equivalent office
9An eligible hearing service provider that is an individualThe individual
10An eligible hearing service provider that is not an individualAn eligible hearing service provider that is not an individual
(1) The Commissioner may, on application by the respondent or on his or her own initiative, determine that a complaint should no longer continue as a representative complaint.
(2) The Commissioner may only make such a determination if the Commissioner is satisfied that it is in the interests of justice to do so for any of the following reasons:
(3) If the Commissioner makes such a determination:
(b) on the application of a person who was a class member for the purposes of the former representative complaint, the Commissioner may join that person as a complainant to the complaint as continued under paragraph (a).
(1) The Commissioner may, on application by a class member, replace the complainant with another class member, where it appears to the Commissioner that the complainant is not able adequately to represent the interests of the class members.
(2) A class member may, by notice in writing to the Commissioner, withdraw from a representative complaint:
(b) otherwise—at any time before the Commissioner begins to hold an inquiry into the complaint.
(3) The Commissioner may at any stage direct that notice of any matter be given to a class member or class members.
If the Commissioner is satisfied that a complaint could be dealt with as a representative complaint if the class of persons on whose behalf the complaint is lodged is increased, reduced or otherwise altered, the Commissioner may amend the complaint so that the complaint can be dealt with as a representative complaint.
(1) Subject to subsection (1A), the Commissioner shall investigate an act or practice if:
(1A) The Commissioner must not investigate a complaint if the complainant did not complain to the respondent before making the complaint to the Commissioner under section 36. However, the Commissioner may decide to investigate the complaint if he or she considers that it was not appropriate for the complainant to complain to the respondent.
(2) The Commissioner may, on the Commissioner’s own initiative, investigate an act or practice if:
(b) the Commissioner thinks it is desirable that the act or practice be investigated.
(b) the Commissioner considers it is reasonably possible that the complaint may be conciliated successfully;
the Commissioner must make a reasonable attempt to conciliate the complaint.
(2) Subsection (1) does not apply if the Commissioner has decided under section 41 or 50 not to investigate, or not to investigate further, the act or practice.
(3) If the Commissioner is satisfied that there is no reasonable likelihood that the complaint will be resolved by conciliation, the Commissioner must, in writing, notify the complainant and respondent of that matter.
(4) If a notification is given under subsection (3), the Commissioner may decide not to investigate, or not to investigate further, the act or practice.
(5) Evidence of anything said or done in the course of the conciliation is not admissible in any hearing before the Commissioner, or in any legal proceedings, relating to complaint or the act or practice unless:
(b) the thing was said or done in furtherance of the commission of a fraud or an offence, or the commission of an act that renders a person liable to a civil penalty.
(1) The Commissioner may decide not to investigate, or not to investigate further, an act or practice about which a complaint has been made under section 36 if the Commissioner is satisfied that:
(db) the complainant has not responded, within the period specified by the Commissioner, to a request for information in relation to the complaint; or
(1A) The Commissioner must not investigate, or investigate further, an act or practice about which a complaint has been made under section 36 if the Commissioner is satisfied that the complainant has withdrawn the complaint.
(2) The Commissioner may decide not to investigate, or not to investigate further, an act or practice about which a complaint has been made under section 36 if the Commissioner is satisfied that the complainant has complained to the respondent about the act or practice and either:
(3) The Commissioner may defer the investigation or further investigation of an act or practice about which a complaint has been made under section 36 if:
(b) the Commissioner is satisfied that the interests of persons affected by the act or practice would not be unreasonably prejudiced if the investigation or further investigation were deferred until the application had been disposed of.
(1) Where a complaint has been made to the Commissioner, the Commissioner may, for the purpose of determining:
(a) whether the Commissioner has power to investigate the matter to which the complaint relates; or
(b) whether the Commissioner may, in his or her discretion, decide not to investigate the matter;
(2) The Commissioner may make inquiries of any person for the purpose of determining whether to investigate an act or practice under subsection 40(2).
(1) Before commencing an investigation of a matter to which a complaint relates, the Commissioner shall inform the respondent that the matter is to be investigated.
(1AA) Before commencing an investigation of an act or practice of a person or entity under subsection 40(2), the Commissioner must inform the person or entity that the act or practice is to be investigated.
(1A) Before starting to investigate an act done, or practice engaged in, by a contracted service provider for the purpose of providing (directly or indirectly) a service to an agency under a Commonwealth contract, the Commissioner must also inform the agency that the act or practice is to be investigated.
(2) An investigation under this Division shall be conducted in such manner as the Commissioner thinks fit.
(3) The Commissioner may, for the purposes of an investigation, obtain information from such persons, and make such inquiries, as he or she thinks fit.
(4) The Commissioner may make a determination under section 52 in relation to an investigation under this Division without holding a hearing, if:
(a) it appears to the Commissioner that the matter to which the investigation relates can be adequately determined in the absence of:
(b) the Commissioner is satisfied that there are no unusual circumstances that would warrant the Commissioner holding a hearing; and
(7) Where, in connection with an investigation of a matter under this Division, the Commissioner proposes to hold a hearing, or proposes to make a requirement of a person under section 44, the Commissioner shall, if he or she has not previously informed the responsible Minister (if any) that the matter is being investigated, inform that Minister accordingly.
(8) The Commissioner may, either before or after the completion of an investigation under this Division, discuss any matter that is relevant to the investigation with a Minister concerned with the matter.
(8A) Subsection (8) does not allow the Commissioner to discuss a matter relevant to an investigation of a breach of the Australian Privacy Principles or a registered APP code with a Minister, unless the investigation is of an act done, or practice engaged in:
(9) Where the Commissioner forms the opinion, either before or after completing an investigation under this Division, that there is evidence that an officer of an agency has been guilty of a breach of duty or of misconduct and that the evidence is, in all the circumstances, of sufficient force to justify the Commissioner doing so, the Commissioner shall bring the evidence to the notice of:
(b) if the Commissioner thinks that there is no officer of an agency to whose notice the evidence may appropriately be drawn—an appropriate Minister.
(1) An interested party in relation to an investigation under this Division may, in writing, request that the Commissioner hold a hearing before the Commissioner makes a determination under section 52 in relation to the investigation.
(2) If an interested party makes request under subsection (1), the Commissioner must:
(1) If the Commissioner has reason to believe that a person has information or a document relevant to an investigation under this Division, the Commissioner may give to the person a written notice requiring the person:
(a) to give the information to the Commissioner in writing signed by the person or, in the case of a body corporate, by an officer of the body corporate; or
(b) to produce the document to the Commissioner.
(2) A notice given by the Commissioner under subsection (1) shall state:
(a) the place at which the information or document is to be given or produced to the Commissioner; and
(2A) If documents are produced to the Commissioner in accordance with a requirement under subsection (1), the Commissioner:
(c) during that period must permit a person who would be entitled to inspect any one or more of the documents if they were not in the Commissioner’s possession to inspect at all reasonable times any of the documents that the person would be so entitled to inspect.
(3) If the Commissioner has reason to believe that a person has information relevant to an investigation under this Division, the Commissioner may give to the person a written notice requiring the person to attend before the Commissioner at a time and place specified in the notice to answer questions relevant to the investigation.
(1) The Commissioner may administer an oath or affirmation to a person required under section 44 to attend before the Commissioner and may examine such a person on oath or affirmation.
(1) For the purposes of performing the Commissioner’s functions in relation to a complaint, the Commissioner may, by written notice, direct:
(c) any other person who, in the opinion of the Commissioner, is likely to be able to provide information relevant to the matter to which the complaint relates or whose presence at the conference is, in the opinion of the Commissioner, likely to assist in connection with the performance of the Commissioner’s functions in relation to the complaint;
to attend, at a time and place specified in the notice, a conference presided over by the Commissioner.
(b) fails to attend from day to day unless excused, or released from further attendance, by the Commissioner;
(4) The Commissioner may, in a notice given to a person under subsection (1), require the person to produce such documents at the conference as are specified in the notice.
(1) The Commissioner may require a person attending a conference under this Division to produce a document.
(2) A conference under this Division shall be held in private and shall be conducted in such manner as the Commissioner thinks fit.
(4) Except with the consent of the Commissioner:
(1) Where the Commissioner decides not to investigate, or not to investigate further, a matter to which a complaint relates, the Commissioner shall, as soon as practicable and in such manner as the Commissioner thinks fit, inform the complainant and the respondent of the decision and of the reasons for the decision.
(2) If the Commissioner decides not to investigate (at all or further) an act done, or practice engaged in, by a contracted service provider for the purpose of providing (directly or indirectly) a service to an agency under a Commonwealth contract, the Commissioner must also inform the agency of the decision.
(1) Where, in the course of an investigation under section 40, the Commissioner forms the opinion that a tax file number offence, a healthcare identifier offence, an AML/CTF verification offence or a credit reporting offence may have been committed, the Commissioner shall:
(a) inform the Commissioner of Police or the Director of Public Prosecutions of that opinion;
(b) in the case of an investigation under subsection 40(1), give a copy of the complaint to the Commissioner of Police or the Director of Public Prosecutions, as the case may be; and
(c) subject to subsection (3), discontinue the investigation except to the extent that it concerns matters unconnected with the offence that the Commissioner believes may have been committed.
(2) If, after having been informed of the Commissioner’s opinion under paragraph (1)(a), the Commissioner of Police or the Director of Public Prosecutions, as the case may be, decides that the matter will not be, or will no longer be, the subject of proceedings for an offence, he or she shall give a written notice to that effect to the Commissioner.
(3) Upon receiving such a notice the Commissioner may continue the investigation discontinued under paragraph (1)(c).
(1) If, in the course of an investigation under section 40, the Commissioner forms the opinion that subsection 172(3) of the Personal Property Securities Act 2009 (civil penalty for searching otherwise than for authorised purposes) may have been contravened, the Commissioner must:
(c) discontinue the investigation except to the extent that it concerns matters unconnected with the contravention that the Commissioner believes may have taken place.
(2) The Registrar of Personal Property Securities must notify the Commissioner in writing if, after having been informed of the Commissioner’s opinion under paragraph (1)(a), the Registrar decides:
(3) Upon receiving a notice under subsection (2), the Commissioner may continue an investigation discontinued under paragraph (1)(c).
(a) the Australian Human Rights Commission; or
(e) the Australian Public Service Commissioner; or
Australian Human Rights Commission includes a person performing functions of that Commission.
(2) Where, before the Commissioner commences, or after the Commissioner has commenced, to investigate a matter to which a complaint relates, the Commissioner forms the opinion that:
(i) to the Australian Human Rights Commission under Division 3 of Part II of the Australian Human Rights Commission Act 1986; or
(b) an application with respect to that matter has been, or could have been, made by the complainant to the Australian Public Service Commissioner under the Public Service Act 1999;
and that that matter could be more conveniently or effectively dealt with by the alternative complaint body, the Commissioner may decide not to investigate the matter, or not to investigate the matter further, as the case may be, and, if the Commissioner so decides, he or she shall:
(e) give to the alternative complaint body any information or documents that relate to the complaint and are in the possession, or under the control, of the Commissioner.
(i) to the Australian Human Rights Commission under Division 3 of Part II of the Australian Human Rights Commission Act 1986; or
(b) an application made to the Australian Public Service Commissioner under the Public Service Act 1999;
(1) This section lets the Commissioner substitute an agency for an organisation as respondent to a complaint if:
(b) before the Commissioner makes a determination under section 52 in relation to the complaint, the organisation:
(2) The Commissioner may amend the complaint to specify as a respondent to the complaint the agency or its principal executive, instead of the organisation.
Note 2: The Commissioner may determine under section 53B that the determination applies in relation to an agency if the organisation has not complied with the determination.
(3) Before amending the complaint, the Commissioner must:
(a) give the agency a notice stating that the Commissioner proposes to amend the complaint and stating the reasons for the proposal; and
(b) give the agency an opportunity to appear before the Commissioner and to make oral and/or written submissions relating to the proposed amendment.
(4) If the Commissioner amends the complaint after starting to investigate it, the Commissioner is taken to have satisfied subsection 43(1A) in relation to the agency.
Where the Commissioner becomes aware that a matter being investigated by the Commissioner is, or is related to, a matter that is under investigation by the Auditor General, the Commissioner shall not, unless the Commissioner and Auditor General agree to the contrary, continue to investigate the matter until the investigation by the Auditor General has been completed.
(1) After investigating a complaint, the Commissioner may:
(1A) After investigating an act or practice of a person or entity under subsection 40(2), the Commissioner may make a determination that includes one or more of the following:
(1AA) The steps specified by the Commissioner under subparagraph (1)(b)(ia) or paragraph (1A)(b) must be reasonable and appropriate.
(1B) A determination of the Commissioner under subsection (1) or (1A) is not binding or conclusive between any of the parties to the determination.
(2) The Commissioner shall, in a determination, state any findings of fact upon which the determination is based.
(3) In a determination under paragraph (1)(a) or (b) (other than a determination made on a representative complaint), the Commissioner may include a declaration that the complainant is entitled to a specified amount to reimburse the complainant for expenses reasonably incurred by the complainant in connection with the making of the complaint and the investigation of the complaint.
(3A) A determination under paragraph (1)(b) or subsection (1A) may include any order that the Commissioner considers necessary or appropriate.
(4) A determination by the Commissioner under subparagraph (1)(b)(iii) on a representative complaint:
(a) may provide for payment of specified amounts or of amounts worked out in a manner specified by the Commissioner; and
(b) if the Commissioner provides for payment in accordance with paragraph (a), must make provision for the payment of the money to the complainants concerned.
(5) If the Commissioner makes a determination under subparagraph (1)(b)(iii) on a representative complaint, the Commissioner may give such directions (if any) as he or she thinks just in relation to:
(1) If the Commissioner makes a determination that applies in relation to a contracted service provider for a Commonwealth contract, the Commissioner:
(ii) to which the Commissioner considers it appropriate to give a copy; and
(b) may give such an agency a written recommendation of any measures that the Commissioner considers appropriate.
(2) The Commissioner may give an agency a recommendation only after consulting the agency.
(3) An agency that receives a recommendation from the Commissioner must tell the Commissioner in writing of any action the agency proposes to take in relation to the recommendation. The agency must do so within 60 days of receiving the recommendation.
(2) The Commissioner may determine in writing that the determination under section 52 instead applies in relation to a specified agency to which services were or were to be provided under the contract. The determination has effect according to its terms for the purposes of section 60.
(3) Before making a determination, the Commissioner must give the agency:
(a) a notice stating that the Commissioner proposes to make the determination and stating the reasons for the proposal; and
(b) an opportunity to appear before the Commissioner and to make oral and/or written submissions relating to the proposed determination.
(b) the Commissioner.
(6) Despite subsection (5), the court may receive any of the following as evidence in proceedings about a determination made by the Commissioner under section 52:
(a) a copy of the Commissioner’s written reasons for the determination;
(b) a copy of any document that was before the Commissioner;
(c) a copy of a record (including any tape recording) of any hearing before the Commissioner (including any oral submissions made).
(1) The Commissioner may issue a written certificate setting out the findings of fact upon which the Commissioner based his or her determination that:
(3) In any proceedings under section 55A, a certificate under subsection (1) of this section is prima facie evidence of the facts found by the Commissioner and set out in the certificate. However, the certificate is not prima facie evidence of a finding that:
(b) the Commissioner.
(a) the Commissioner has dismissed a file number complaint; and
Neither the Commissioner nor a person acting under his or her direction or authority is liable to an action, suit or proceeding in relation to an act done or omitted to be done in good faith in the exercise or purported exercise of any power or authority conferred by this Act.
(a) refuse or fail to attend before the Commissioner; or
(3) A person shall not furnish information or make a statement to the Commissioner knowing that it is false or misleading in a material particular.
(b) state that, in the opinion of the Director of Public Prosecutions, there are special reasons why, in the public interest, the information or document should be available to the Commissioner; and
(6) The Commissioner may recommend to the Director of Public Prosecutions that an individual who has been, or is to be, required under this Act to give information or produce a document be given an undertaking under subsection (5).
(b) state that, in the opinion of the person giving the undertaking, there are special reasons why, in the public interest, the information or document should be available to the Commissioner; and
(9) The Commissioner may recommend to the Attorney General of a State that an individual who has been, or is to be, required under this Act to give information or produce a document be given an undertaking under subsection (8).
(b) the making of a statement to, or the giving of a document or information to, the Commissioner, whether or not pursuant to a requirement under section 44.
(1) Subject to subsection (3), for the purposes of the performance by the Commissioner of his or her functions under this Act, a person authorised by the Commissioner in writing for the purposes of this section may, at any reasonable time of the day, enter premises occupied by an agency, an organisation, a file number recipient, a credit reporting body or a credit provider and inspect any documents that are kept at those premises and that are relevant to the performance of those functions, other than documents in respect of which the Attorney General has furnished a certificate under subsection 70(1) or (2).
(1A) The Commissioner may authorise a person only while the person is a member of the staff assisting the Commissioner.
(4) If, on an application made by a person authorised by the Commissioner under subsection (1), a Magistrate is satisfied, by information on oath, that it is reasonably necessary, for the purposes of the performance by the Commissioner of his or her functions under this Act, that the person be empowered to enter the premises, the Magistrate may issue a warrant authorising the person, with such assistance as the person thinks necessary, to enter the premises, if necessary by force, for the purpose of exercising those powers.
(1) The Commissioner must issue to a person authorised for the purposes of section 68 an identity card in the form approved by the Commissioner. The identity card must contain a recent photograph of the authorised person.
(2) As soon as practicable after the person ceases to be authorised, he or she must return the identity card to the Commissioner.
(1) Where the Attorney General furnishes to the Commissioner a certificate certifying that the giving to the Commissioner of information concerning a specified matter (including the giving of information in answer to a question), or the production to the Commissioner of a specified document or other record, would be contrary to the public interest because it would:
the Commissioner is not entitled to require a person to give any information concerning the matter or to produce the document or other record.
(2) Without limiting the operation of subsection (1), where the Attorney General furnishes to the Commissioner a certificate certifying that the giving to the Commissioner of information as to the existence or non existence of information concerning a specified matter (including the giving of information in answer to a question) or as to the existence or non existence of any document or other record required to be produced to the Commissioner would be contrary to the public interest:
(c) by reason that it would prejudice the proper performance of the functions of the Integrity Commissioner;
the Commissioner is not entitled, pursuant to this Act, to require a person to give any information as to the existence or non existence of information concerning that matter or as to the existence of that document or other record.
For the purposes of this Part, a person is interested in an application made under section 73 if, and only if, the Commissioner is of the opinion that the person has a real and substantial interest in the application.
(2) Subject to this Division, if the Commissioner is satisfied that:
the Commissioner may, by legislative instrument, make a determination to that effect.
(4) The Commissioner may, by legislative instrument, make a determination that no APP entity is taken to contravene section 15 or 26A if, while that determination is in force, an APP entity does an act, or engages in a practice, that is the subject of a determination under subsection (2) in relation to that entity or any other APP entity.
(b) the Commissioner is satisfied that the application is frivolous, vexatious, misconceived, lacking in substance or not made in good faith;
the Commissioner may, in writing, dismiss the application.
(4) Where the Commissioner makes a determination under section 72 on an application made by virtue of subsection (2), that section has effect, in relation to each of the agencies on whose behalf the application was made as if the determination had been made on an application by that agency.
(1) Subject to subsection (2), the Commissioner shall publish, in such manner as he or she thinks fit, notice of:
(a) the receipt by the Commissioner of an application; and
(b) if the Commissioner dismisses an application under subsection 73(1A)—the dismissal of the application.
(2) The Commissioner shall not, except with the consent of the agency, permit the disclosure to another body or person of information contained in a document provided by an agency as part of, or in support of, an application if the agency has informed the Commissioner in writing that the agency claims that the document is an exempt document within the meaning of Part IV of the Freedom of Information Act 1982.
(1) The Commissioner shall prepare a draft of his or her proposed determination in relation to the application unless the Commissioner dismisses the application under subsection 73(1A).
(2) If the applicant is an agency, the Commissioner must send to the agency, and to each other person (if any) who is interested in the application, a written invitation to notify the Commissioner, within the period specified in the invitation, whether or not the agency or other person wishes the Commissioner to hold a conference about the draft determination.
(2A) If the applicant is an organisation, the Commissioner must:
(a) send a written invitation to the organisation to notify the Commissioner, within the period specified in the invitation, whether or not the organisation wishes the Commissioner to hold a conference about the draft determination; and
(b) issue, in any way the Commissioner thinks appropriate, an invitation in corresponding terms to the other persons (if any) that the Commissioner thinks appropriate.
(1) If an agency, organisation or person notifies the Commissioner, within the period specified in an invitation sent to the agency, organisation or person, that the agency, organisation or person wishes a conference to be held about the draft determination, the Commissioner shall hold such a conference.
(2) The Commissioner shall fix a day, time and place for the holding of the conference.
(4) The Commissioner shall give notice of the day, time and place of the conference to the agency or organisation and to each person to whom an invitation was sent.
(2) At the conference, a person to whom an invitation was sent, or any other person who is interested in the application and whose presence at the conference is considered by the Commissioner to be appropriate, is entitled to attend and participate personally or, in the case of a body corporate, to be represented by a person who is, or persons each of whom is, a director, officer or employee of the body corporate.
(3) The Commissioner may exclude from the conference a person who:
The Commissioner shall, after complying with this Part in relation to the application, make:
(1) The Commissioner shall, in making a determination, take account of all matters raised at the conference.
(2) The Commissioner shall, in making a determination, take account of all submissions about the application that have been made, whether at a conference or not, by the agency, organisation or any other person.
(1) This section applies if the Commissioner is satisfied that:
(2) The Commissioner may, by legislative instrument, make a determination that he or she is satisfied of the matters set out in subsection (1). The Commissioner may do so:
(b) on the Commissioner’s own initiative.
(3) The Commissioner must specify in the determination a period of up to 12 months during which the determination is in force (subject to subsection 80D(2)).
(3) The Commissioner may, by legislative instrument, make a determination that no APP entity is taken to contravene section 15 or 26A if, while that determination is in force, an APP entity does an act, or engages in a practice, that is the subject of a temporary public interest determination in relation to that entity or another APP entity.
(1) The fact that the Commissioner has made a determination under this Division about an act or practice does not prevent the Commissioner from dealing under Division 1 with an application made under section 73 in relation to that act or practice.
(1) The Commissioner must keep a register of determinations made under Division 1 or 2.
(2) The Commissioner may decide the form of the register and how it is to be kept.
(3) The Commissioner must make the register available to the public in the way that the Commissioner determines.
(4) The Commissioner may charge fees for:
(2) For the purposes of Part 4 of the Regulatory Powers Act, the Commissioner is an authorised applicant in relation to the civil penalty provisions of this Act.
(2) For the purposes of Part 6 of the Regulatory Powers Act, the Commissioner is an authorised person in relation to the provisions mentioned in subsection (1).
Enforceable undertaking may be published on the Commissioner’s website
(4) The Commissioner may publish an undertaking given in relation to the provision on the Commissioner’s website.
(a) the Commissioner;
(a) the Commissioner; and
(aa) the Privacy Commissioner (within the meaning of the Australian Information Commissioner Act 2010); and
(3) A member other than the Commissioner and Privacy Commissioner (within the meaning of that Act):
(5) The Commissioner shall be convenor of the Committee.
(a) on its own initiative, or when requested by the Commissioner, to advise the Commissioner on matters relevant to his or her functions;
(b) to recommend material to the Commissioner for inclusion in rules or guidelines to be issued by the Commissioner pursuant to his or her functions; and
(c) subject to any direction given by the Commissioner, to engage in and promote community education, and community consultation, in relation to the protection of individual privacy.
(1) The CEO of the National Health and Medical Research Council may, with the approval of the Commissioner, issue guidelines for the protection of privacy by agencies in the conduct of medical research.
(2) The Commissioner shall not approve the issue of guidelines unless he or she is satisfied that the public interest in the promotion of research of the kind to which the guidelines relate outweighs to a substantial degree the public interest in maintaining adherence to the Australian Privacy Principles.
(1) This section allows the Commissioner to approve for the purposes of the Australian Privacy Principles guidelines that are issued by the CEO of the National Health and Medical Research Council or a prescribed authority.
(2) For the purposes of paragraph 16B(3)(c), the Commissioner may, by notice in the Gazette, approve guidelines that relate to the use and disclosure of health information for the purposes of research, or the compilation or analysis of statistics, relevant to public health or public safety.
(3) The Commissioner may give an approval under subsection (2) only if satisfied that the public interest in the use and disclosure of health information for the purposes mentioned in that subsection in accordance with the guidelines substantially outweighs the public interest in maintaining the level of privacy protection afforded by the Australian Privacy Principles (disregarding subsection 16B(3)).
(4) For the purposes of subparagraph 16B(2)(d)(iii), the Commissioner may, by notice in the Gazette, approve guidelines that relate to the collection of health information for the purposes of:
(5) The Commissioner may give an approval under subsection (4) only if satisfied that the public interest in the collection of health information for the purposes mentioned in that subsection in accordance with the guidelines substantially outweighs the public interest in maintaining the level of privacy protection afforded by the Australian Privacy Principles (disregarding subsection 16B(2)).
(6) The Commissioner may, by notice in the Gazette, revoke an approval of guidelines under this section if he or she is no longer satisfied of the matter that he or she had to be satisfied of to approve the guidelines.
(1) This section allows the Commissioner to approve for the purposes of the Australian Privacy Principles guidelines that are issued by the National Health and Medical Research Council.
(2) For the purposes of paragraph 16B(4)(c), the Commissioner may, by legislative instrument, approve guidelines that relate to the use and disclosure of genetic information for the purposes of lessening or preventing a serious threat to the life, health or safety of an individual who is a genetic relative of the individual to whom the genetic information relates.
(1) An application may be made to the Administrative Appeals Tribunal for review of the following decisions of the Commissioner:
(ii) has consulted the Commissioner about that adoption, use or disclosure; and
(c) before the regulations are made, the Minister consults the Commissioner about the proposed regulations.
(d) the disclosure is conducted in accordance with the guidelines made by the Commissioner for the purposes of this paragraph.