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(c) a body (whether incorporated or not), or a tribunal, established or appointed for a public purpose by or under a Commonwealth enactment, not being:
collects: an entity collects personal information only if the entity collects the personal information for inclusion in a record or generally available publication.
(a) a person appointed or engaged under the Public Service Act 1999;
but does not include a person permanently or temporarily employed in the Australian Capital Territory Government Service or in the Public Service of the Northern Territory.
Department means an Agency within the meaning of the Public Service Act 1999.
(ea) the Office of the Director of Public Prosecutions, or a similar body established under a law of a State or Territory; or
(g) another agency, to the extent that it is responsible for administering a law relating to the protection of the public revenue; or
(o) a State or Territory authority, to the extent that it is responsible for administering a law relating to the protection of the public revenue.
(e) the protection of the public revenue; or
generally available publication means a magazine, book, article, newspaper or other publication that is, or will be, generally available to members of the public:
media organisation means an organisation whose activities consist of or include the collection, preparation for dissemination or dissemination of the following material for the purpose of making it available to the public:
(b) a public sector agency (within the meaning of the Public Sector Management Act 2000 of Norfolk Island); or
(c) a body (whether incorporated or not), or a tribunal, established for a public purpose by or under a Norfolk Island enactment, other than a body established or registered under:
(d) a generally available publication; or
Secretary means an Agency Head within the meaning of the Public Service Act 1999.
temporary public interest determination means a determination made under section 80A.
(c) a body (whether incorporated or not), or a tribunal, established or appointed for a public purpose by or under a law of a State or Territory, other than:
(a) be satisfied that it is desirable in the public interest to regulate under this Act the small business operator, act or practice; and
(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).
(k) publicly available information about the individual:
(b) at a time when the organisation is publicly committed to observe standards that:
(8) This Act also has the effect it would have if its operation in relation to regulated entities were expressly confined to acts or practices of regulated entities taking place in a place acquired by the Commonwealth for public purposes.
| 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. |
(i) research relevant to public health or public safety;
(ii) the compilation or analysis of statistics relevant to public health or public safety;
(a) the use or disclosure is necessary for research, or the compilation or analysis of statistics, relevant to public health or public safety; and
(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.
(7) The Commissioner must make a copy of the request publicly available as soon as practicable after the request is made.
(a) make a draft of the APP code publicly available; and
(b) invite the public to make submissions to the developer about the draft within a specified period (which must run for at least 28 days); and
(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).
(a) make a draft of the code publicly available; and
(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
(a) make a draft of the variation publicly available; and
(c) consider the extent to which members of the public have been given an opportunity to comment on the variation.
(b) consider the extent to which members of the public have been given an opportunity to comment on the proposed removal.
(5) The Commissioner must make a copy of the request publicly available as soon as practicable after the request is made.
(a) make a draft of the CR code publicly available; and
(b) invite the public to make submissions to the developer about the draft within a specified period (which must run for at least 28 days); and
(a) make a draft of the code publicly available; and
(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
(a) make a draft of the variation publicly available; and
(c) consider the extent to which members of the public have been given an opportunity to comment on the variation.
(ii) take reasonable steps to publicise the contents of the statement.
(a) the public interest;
(ii) take reasonable steps to publicise the contents of the statement.
(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.
(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.
(g) prejudice to the proper enforcement of the law or the protection of public safety;
| Item | Column 1 Agency | Column 2 Principal executive |
|---|---|---|
| 1 | Department | The Secretary of the Department |
| 2 | An 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 |
| 3 | A body referred to in paragraph (d) of the definition of agency in subsection 6(1) | The chief executive officer of the body |
| 4 | A federal court | The principal registrar of the court or the person occupying an equivalent office |
| 5 | The Australian Federal Police | The Australian Federal Police The Commissioner of Police |
| 5A | A 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) |
| 5B | An 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) |
| 5D | A court of Norfolk Island | The registrar or principal registrar of the court or the person occupying an equivalent office |
| 9 | An eligible hearing service provider that is an individual | The individual |
| 10 | An eligible hearing service provider that is not an individual | An eligible hearing service provider that is not an individual |
(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
(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.
(e) the Australian Public Service Commissioner; 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;
(b) an application made to the Australian Public Service Commissioner under the Public Service Act 1999;
(4) Subsection (3) does not apply in relation to a failure or refusal by an individual to give information, or to produce a document, on the ground that giving the information or producing the document might tend to prove his or her guilt of an offence against, or make him or her liable to forfeiture or a penalty under, a law of the Commonwealth or of a Territory, if the Director of Public Prosecutions has given the individual a written undertaking under subsection (5).
(5) An undertaking by the Director of Public Prosecutions shall:
(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).
(7) Subsection (3) does not apply in relation to a failure or refusal by an individual to give information, or to produce a document, on the ground that giving the information or producing the document might tend to prove his or her guilt of an offence against, or make him or her liable to forfeiture or a penalty under, a law of a State, if the Attorney General of the State, or a person authorised by that Attorney General (being the person holding the office of Director of Public Prosecutions, or a similar office, of the State) has given the individual a written undertaking under subsection (8).
(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
(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:
(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:
(b) the public interest in the entity doing the act, or engaging in the practice, substantially outweighs the public interest in adhering to that code or principle;
(b) the public interest in the entity doing the act, or engaging in the practice, outweighs to a substantial degree the public interest in adhering to that principle or code; and
(1) If an act or practice of an APP entity is the subject of a temporary public interest determination, the entity is taken not to breach section 15 or 26A if the entity does the act, or engages in the practice, while the determination is in force.
Giving a temporary public interest determination general effect
(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.
(3) The Commissioner must make the register available to the public in the way that the Commissioner determines.
(a) making the register available to the public; or
(6) This Part also has the effect it would have if its operation in relation to a collection, use or disclosure were expressly confined to a collection, use or disclosure taking place in a place acquired by the Commonwealth for public purposes.
(aa) at least one must be a person who has had at least 5 years’ experience at a high level in public administration, or the service of a government or an authority of a government; and
(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.
(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.
Public interest test
(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)).
(a) research, or the compilation or analysis of statistics, relevant to public health or public safety; or
Public interest test
(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)).
(7) A reference in this section to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory.
(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
