Division 1 - General definitions
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 serviceDivision 2 - Key definitions relating to credit reporting
Subdivision A - Credit provider
6G - Meaning of credit provider6H - Agents of credit providers6J - Securitisation arrangements etc.6K - Acquisition of the rights of a credit providerSubdivision B - Other definitions
6L - 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 informationDivision 3 - Other matters
7 - 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 ActDivision 1 - Interferences with privacy
13 - Interferences with privacy13B - Related bodies corporate13C - Change in partnership because of change in partners13D - Overseas act required by foreign law13E - Effect of sections 13B, 13C and 13D13F - Act or practice not covered by section 13 is not an interference with privacy13G - Serious and repeated interferences with privacyDivision 2 - Australian Privacy Principles
14 - Australian Privacy Principles15 - APP entities must comply with Australian Privacy Principles16 - Personal, family or household affairs16A - Permitted general situations in relation to the collection, use or disclosure of personal information16B - Permitted health situations in relation to the collection, use or disclosure of health information16C - Acts and practices of overseas recipients of personal informationDivision 4 - Tax file number information
17 - Rules relating to tax file number information18 - File number recipients to comply with rulesDivision 1 - Introduction
19 - Guide to this PartDivision 2 - Credit reporting bodies
Subdivision A - Introduction and application of this Division etc.
20 - Guide to this Division20A - Application of this Division and the Australian Privacy Principles to credit reporting bodiesSubdivision B - Consideration of information privacy
20B - Open and transparent management of credit reporting informationSubdivision C - Collection of credit information
20C - Collection of solicited credit information20D - Dealing with unsolicited credit informationSubdivision D - Dealing with credit reporting information etc.
20E - 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 identifiedSubdivision E - Integrity of credit reporting information
20N - Quality of credit reporting information20P - False or misleading credit reporting information20Q - Security of credit reporting informationSubdivision F - Access to, and correction of, information
20R - 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 givenSubdivision G - Dealing with credit reporting information after the retention period ends etc.
20V - 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 retainedDivision 3 - Credit providers
Subdivision A - Introduction and application of this Division
21 - Guide to this Division21A - Application of this Division to credit providersSubdivision B - Consideration of information privacy
21B - Open and transparent management of credit information etc.Subdivision C - Dealing with credit information
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 periodSubdivision D - Dealing with credit eligibility information etc.
21G - 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 creditSubdivision E - Integrity of credit information and credit eligibility information
21Q - Quality of credit eligibility information21R - False or misleading credit information or credit eligibility information21S - Security of credit eligibility informationSubdivision F - Access to, and correction of, information
21T - 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 givenDivision 4 - Affected information recipients
22 - Guide to this DivisionSubdivision A - Consideration of information privacy
22A - Open and transparent management of regulated informationSubdivision B - Dealing with regulated information
22B - 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.Division 5 - Complaints
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 complaintsDivision 6 - Unauthorised obtaining of credit reporting information etc.
24 - Obtaining credit reporting information from a credit reporting body24A - Obtaining credit eligibility information from a credit providerDivision 7 - Court orders
25 - Compensation orders25A - Other orders to compensate loss or damageDivision 1 - Introduction
26 - Guide to this PartDivision 2 - Registered APP codes
Subdivision A - Compliance with registered APP codes etc.
26A - APP entities to comply with binding registered APP codes26B - What is a registered APP code26C - What is an APP code26D - Extension of Act to exempt acts or practices covered by registered APP codesSubdivision B - Development and registration of APP codes
26E - Development of APP codes by APP code developers26F - Application for registration of APP codes26G - Development of APP codes by the Commissioner26H - Commissioner may register APP codesSubdivision C - Variation and removal of registered APP codes
26J - Variation of registered APP codes26K - Removal of registered APP codesDivision 3 - Registered CR code
Subdivision A - Compliance with the registered CR code
26L - Entities to comply with the registered CR code if bound by the code26M - What is the registered CR code26N - What is a CR codeSubdivision B - Development and registration of CR code
26P - Development of CR code by CR code developers26Q - Application for registration of CR code26R - Development of CR code by the Commissioner26S - Commissioner may register CR codeSubdivision C - Variation of the registered CR code
26T - Variation of the registered CR codeDivision 4 - General matters
26U - Codes Register26V - Guidelines relating to codes26W - Review of operation of registered codesDivision 1 - Introduction
26WA - Simplified outline of this Part26WB - Entity26WC - Deemed holding of information26WD - Exception—notification under the My Health Records Act 2012Division 2 - Eligible data breach
26WE - Eligible data breach26WF - Exception—remedial action26WG - Whether access or disclosure would be likely, or would not be likely, to result in serious harm—relevant mattersDivision 3 - Notification of eligible data breaches
Subdivision A - Suspected eligible data breaches
26WH - Assessment of suspected eligible data breach26WJ - Exception—eligible data breaches of other entitiesSubdivision B - General notification obligations
26WK - Statement about eligible data breach26WL - Entity must notify eligible data breach26WM - Exception—eligible data breaches of other entities26WN - Exception—enforcement related activities26WP - Exception—inconsistency with secrecy provisions26WQ - Exception—declaration by CommissionerSubdivision C - Commissioner may direct entity to notify eligible data breach
26WR - Commissioner may direct entity to notify eligible data breach26WS - Exception—enforcement related activities26WT - Exception—inconsistency with secrecy provisionsDivision 2 - Functions of Commissioner
27 - Functions of the Commissioner28 - Guidance related functions of the Commissioner28A - Monitoring related functions of the Commissioner28B - Advice related functions of the Commissioner29 - Commissioner must have due regard to the objects of the ActDivision 3 - Reports by Commissioner
30 - Reports following investigation of act or practice31 - Report following examination of proposed enactment32 - Commissioner may report to the Minister if the Commissioner has monitored certain activities etc.33 - Exclusion of certain matters from reportsDivision 3A - Assessments by, or at the direction of, the Commissioner
33C - Commissioner may conduct an assessment relating to the Australian Privacy Principles etc.33D - Commissioner may direct an agency to give a privacy impact assessmentDivision 4 - Miscellaneous
34 - Provisions relating to documents exempt under the Freedom of Information Act 198235 - Direction where refusal or failure to amend exempt document35A - Commissioner may recognise external dispute resolution schemesDivision 1A - Introduction
36A - Guide to this PartDivision 1 - Investigation of complaints and investigations on the Commissioner’s initiative
36 - 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 GeneralDivision 2 - Determinations following investigation of complaints
52 - 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 providerDivision 3 - Enforcement
54 - Application of Division55 - Obligations of organisations and small business operators55A - Proceedings in the Federal Court or Federal Circuit Court to enforce a determination55B - Evidentiary certificateDivision 4 - Review and enforcement of determinations involving Commonwealth agencies
57 - Application of Division58 - Obligations of agencies59 - Obligations of principal executive of agency60 - Compensation and expenses62 - Enforcement of determination against an agencyDivision 5 - Miscellaneous
63 - 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 organisationsDivision 1 - Public interest determinations
71 - Interpretation72 - Power to make, and effect of, determinations73 - Application by APP entity74 - Publication of application etc.75 - Draft determination76 - Conference77 - Conduct of conference78 - Determination of application79 - Making of determinationDivision 2 - Temporary public interest determinations
80A - Temporary public interest determinations80B - Effect of temporary public interest determination80D - Commissioner may continue to consider applicationDivision 3 - Register of determinations
80E - Register of determinationsDivision 1 - Object and interpretation
80F - Object80G - Interpretation80H - Meaning of permitted purposeDivision 2 - Declaration of emergency
80J - Declaration of emergency—events of national significance80K - Declaration of emergency—events outside Australia80L - Form of declarations80M - When declarations take effect80N - When declarations cease to have effectDivision 3 - Provisions dealing with the use and disclosure of personal information
80P - Authorisation of collection, use and disclosure of personal informationDivision 4 - Other matters
80Q - Disclosure of information—offence80R - Operation of Part80S - Severability—additional effect of Part80T - Compensation for acquisition of property—constitutional safety netDivision 1 - Civil penalties
80U - Civil penalty provisionsDivision 2 - Enforceable undertakings
80V - Enforceable undertakingsDivision 3 - Injunctions
80W - Injunctions95 - Medical research guidelines95A - Guidelines for Australian Privacy Principles about health information95AA - Guidelines for Australian Privacy Principles about genetic information95B - Requirements for Commonwealth contracts95C - Disclosure of certain provisions of Commonwealth contracts96 - Review by the Administrative Appeals Tribunal98A - Treatment of partnerships98B - Treatment of unincorporated associations98C - Treatment of trusts99A - Conduct of directors, employees and agents100 - Regulations
Part 1 - Consideration of personal information privacy
1 - Australian Privacy Principle 1—open and transparent management of personal information2 - Australian Privacy Principle 2—anonymity and pseudonymityPart 2 - Collection of personal information
3 - Australian Privacy Principle 3—collection of solicited personal information4 - Australian Privacy Principle 4—dealing with unsolicited personal information5 - Australian Privacy Principle 5—notification of the collection of personal informationPart 3 - Dealing with personal information
6 - Australian Privacy Principle 6—use or disclosure of personal information7 - Australian Privacy Principle 7—direct marketing8 - Australian Privacy Principle 8—cross border disclosure of personal information9 - Australian Privacy Principle 9—adoption, use or disclosure of government related identifiersPart 4 - Integrity of personal information
10 - Australian Privacy Principle 10—quality of personal information11 - Australian Privacy Principle 11—security of personal informationPart 5 - Access to, and correction of, personal information
12 - Australian Privacy Principle 12—access to personal information13 - Australian Privacy Principle 13—correction of personal information(l) the service operator under the Healthcare Identifiers Act 2010.
employee record, in relation to an employee, means a record of personal information relating to the employment of the employee. Examples of personal information relating to the employment of the employee are health information about the employee and personal information about all or any of the following:
healthcare identifier has the meaning given by the Healthcare Identifiers Act 2010.
healthcare identifier offence means:
(a) an offence against section 26 of the Healthcare Identifiers Act 2010; or
health information has the meaning given by section 6FA.
health service has the meaning given by section 6FB.
permitted health situation has the meaning given by section 16B.
(b) health information about an individual; or
(c) genetic information about an individual that is not otherwise health information; or
(f) a person exercising an enduring power of attorney granted by the individual that is exercisable in relation to decisions about the individual’s health; or
(b) provides a health service to another individual and holds any health information except in an employee record; or
The following information is health information:
(i) the health, including an illness, disability or injury, (at any time) of an individual; or
(ii) an individual’s expressed wishes about the future provision of health services to the individual; or
(iii) a health service provided, or to be provided, to an individual;
(b) other personal information collected to provide, or in providing, a health service to an individual;
(d) genetic information about an individual in a form that is, or could be, predictive of the health of the individual or a genetic relative of the individual.
(1) An activity performed in relation to an individual is a health service if the activity is intended or claimed (expressly or otherwise) by the individual or the person performing it:
(a) to assess, maintain or improve the individual’s health; or
(b) where the individual’s health cannot be maintained or improved—to manage the individual’s health; or
(e) to record the individual’s health for the purposes of assessing, maintaining, improving or managing the individual’s health.
(2) The dispensing on prescription of a drug or medicinal preparation by a pharmacist is a health service.
(a) a reference in this section to an individual’s health includes the individual’s physical or psychological health; and
(b) an activity mentioned in subsection (1) or (2) that takes place in the course of providing aged care, palliative care or care for a person with a disability is a health service.
(4) The regulations may prescribe an activity that, despite subsections (1) and (2) is not to be treated as a health service for the purposes of this Act.
Note: Subsection 27(4) applies in relation to an investigation of an act or practice referred to in subsection 29(1) of the Healthcare Identifiers Act 2010.
(b) constitutes a breach of the rules issued under section 135AA of the National Health Act 1953.
Note: Other Acts may provide that an act or practice is an interference with the privacy of an individual. For example, see the Healthcare Identifiers Act 2010, the Anti Money Laundering and Counter Terrorism Financing Act 2006 and the Personal Property Securities Act 2009.
| Permitted general situations | |||
|---|---|---|---|
| Item | Column 1 Kind of entity | Column 2 Item applies to | Column 3 Condition(s) |
| 1 | APP entity | (a) personal information; or (b) a government related identifier. | (a) it is unreasonable or impracticable to obtain the individual’s consent to the collection, use or disclosure; and (b) the entity reasonably believes that the collection, use or disclosure is necessary to lessen or prevent a serious threat to the life, health or safety of any individual, or to public health or safety. |
| 2 | APP entity | (a) personal information; or (b) a government related identifier. | (a) the entity has reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to the entity’s functions or activities has been, is being or may be engaged in; and (b) the entity reasonably believes that the collection, use or disclosure is necessary in order for the entity to take appropriate action in relation to the matter. |
| 3 | APP entity | Personal information | (a) the entity reasonably believes that the collection, use or disclosure is reasonably necessary to assist any APP entity, body or person to locate a person who has been reported as missing; and (b) the collection, use or disclosure complies with the rules made under subsection (2). |
| 4 | APP entity | Personal information | The collection, use or disclosure is reasonably necessary for the establishment, exercise or defence of a legal or equitable claim. |
| 5 | APP entity | Personal information | The collection, use or disclosure is reasonably necessary for the purposes of a confidential alternative dispute resolution process. |
| 6 | Agency | Personal information | The entity reasonably believes that the collection, use or disclosure is necessary for the entity’s diplomatic or consular functions or activities. |
| 7 | Defence Force | Personal information | The entity reasonably believes that the collection, use or disclosure is necessary for any of the following occurring outside Australia and the external Territories: (a) war or warlike operations; (b) peacekeeping or peace enforcement; (c) civil aid, humanitarian assistance, medical or civil emergency or disaster relief. |
Collection—provision of a health service
(1) A permitted health situation exists in relation to the collection by an organisation of health information about an individual if:
(a) the information is necessary to provide a health service to the individual; and
(ii) the information is collected in accordance with rules established by competent health or medical bodies that deal with obligations of professional confidentiality which bind the organisation.
(1A) A permitted health situation exists in relation to the collection by an organisation of health information about an individual (the third party) if:
(a) it is necessary for the organisation to collect the family, social or medical history of an individual (the patient) to provide a health service to the patient; and
(b) the health information about the third party is part of the family, social or medical history necessary for the organisation to provide the health service to the patient; and
(c) the health information is collected by the organisation from the patient or, if the patient is physically or legally incapable of giving the information, a responsible person for the patient.
(2) A permitted health situation exists in relation to the collection by an organisation of health information about an individual if:
(i) research relevant to public health or public safety;
(ii) the compilation or analysis of statistics relevant to public health or public safety;
(iii) the management, funding or monitoring of a health service; and
(ii) the information is collected in accordance with rules established by competent health or medical bodies that deal with obligations of professional confidentiality which bind the organisation;
(3) A permitted health situation exists in relation to the use or disclosure by an organisation of health information about an individual if:
(a) the use or disclosure is necessary for research, or the compilation or analysis of statistics, relevant to public health or public safety; and
(4) A permitted health situation exists in relation to the use or disclosure by an organisation of genetic information about an individual (the first individual) if:
(a) the organisation has obtained the information in the course of providing a health service to the first individual; and
(b) the organisation reasonably believes that the use or disclosure is necessary to lessen or prevent a serious threat to the life, health or safety of another individual who is a genetic relative of the first individual; and
(5) A permitted health situation exists in relation to the disclosure by an organisation of health information about an individual if:
(a) the organisation provides a health service to the individual; and
(d) another individual (the carer) providing the health service for the organisation is satisfied that either:
has been, or is required to be, notified under section 75 of the My Health Records Act 2012, this Part does not apply in relation to the access, disclosure or loss.
(4) Section 38 of the Healthcare Identifiers Act 2010, rather than section 12B of this Act, applies in relation to an investigation of an act or practice referred to in subsection 29(1) of that Act in the same way as it applies to Parts 3 and 4 of that Act.
Note: Section 38 of the Healthcare Identifiers Act 2010 deals with the additional effect of Parts 3 and 4 of that Act.
(e) whether information to which section 135AA of the National Health Act 1953 applies is being maintained and handled in accordance with the rules issued under that section.
(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:
(2) The CEO of the National Health and Medical Research Council may make an application under subsection (1) on behalf of other agencies concerned with medical research or the provision of health services.
(3) Where an application is made by virtue of subsection (2), a reference in the succeeding provisions of this Part to the agency is a reference to the CEO of the National Health and Medical Research Council.
(b) assisting individuals involved in the emergency or disaster to obtain services such as repatriation services, medical or other treatment, health services and financial or other humanitarian assistance;
(ii) an entity that is directly involved in providing repatriation services, medical or other treatment, health services or financial or other humanitarian assistance services to individuals involved in the emergency or disaster; or
(ab) at least one must be a person who has had extensive experience in health privacy; and
(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.
(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:
(a) research, or the compilation or analysis of statistics, relevant to public health or public safety; or
(b) the management, funding or monitoring of a health service.
(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)).
(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.
(c) the APP entity is an organisation and a permitted health situation exists in relation to the collection of the information by the entity; or
Note: For permitted general situation, see section 16A. For permitted health situation, see section 16B.
(d) the APP entity is an organisation and a permitted health situation exists in relation to the use or disclosure of the information by the entity; or
Note: For permitted general situation, see section 16A. For permitted health situation, see section 16B.
(a) the entity reasonably believes that giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety; or
