Privacy Act 1988
Act No. 119 of 1988 as amended
This compilation was prepared on 16 May 2005
taking into account amendments up to Act No. 38 of 2005
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may
be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and
Publishing,
Attorney‑General’s Department, Canberra
Contents
Part I—Preliminary 1
1............ Short title [see Note 1]....................................................................... 1
2............ Commencement [see Note 1].............................................................. 1
3............ Saving of certain State and Territory laws.......................................... 1
3A......... Application of the Criminal Code...................................................... 2
4............ Act to bind the Crown........................................................................ 2
5............ Interpretation of Information Privacy Principles............................... 2
5A......... Extension to external Territories......................................................... 2
5B......... Extra‑territorial operation of Act........................................................ 3
Part II—Interpretation 5
6............ Interpretation...................................................................................... 5
6A......... Breach of a National Privacy Principle............................................. 20
6B......... Breach of an approved privacy code................................................ 21
6C......... Organisations.................................................................................... 22
6D......... Small business and small business operators.................................... 25
6DA...... What is the annual turnover of a business?..................................... 27
6E.......... Small business operator treated as organisation............................... 28
6EA....... Small business operators choosing to be treated as organisations.... 29
6F.......... State instrumentalities etc. treated as organisations......................... 30
7............ Acts and practices of agencies, organisations etc. [see Note 2]........ 31
7A......... Acts of certain agencies treated as acts of organisation.................... 34
7B......... Exempt acts and exempt practices of organisations......................... 35
7C......... Political acts and practices are exempt............................................. 36
8............ Acts and practices of, and disclosure of information to, staff of agency, organisation etc. 38
9............ Collectors.......................................................................................... 40
10.......... Record‑keepers................................................................................. 40
11.......... File number recipients...................................................................... 42
11A....... Credit reporting agencies.................................................................. 43
11B....... Credit providers................................................................................ 43
12.......... Application of Information Privacy Principles to agency in possession 46
12A....... Act not to apply in relation to State banking or insurance within that State 46
12B....... Severability: additional effect of Act in relation to organisations..... 46
Part III—Information privacy 48
Division 1—Interferences with privacy 48
13.......... Interferences with privacy................................................................ 48
13A....... Interferences with privacy by organisations.................................... 49
13B....... Related bodies corporate.................................................................. 50
13C....... Change in partnership because of change in partners....................... 51
13D....... Overseas act required by foreign law................................................ 52
13E........ Effect on section 13 of sections 13B, 13C and 13D......................... 52
13F........ Act or practice not covered by section 13 or section 13A is not an interference with privacy 52
Division 2—Information Privacy Principles 53
14.......... Information Privacy Principles......................................................... 53
Manner and purpose of collection of personal information............................ 53
Solicitation of personal information from individual concerned...................... 53
Solicitation of personal information generally................................................. 54
Storage and security of personal information.................................................. 54
Information relating to records kept by record‑keeper.................................... 55
Access to records containing personal information......................................... 56
Alteration of records containing personal information.................................... 56
Record‑keeper to check accuracy etc. of personal information before use...... 57
Personal information to be used only for relevant purposes........................... 57
Limits on use of personal information............................................................. 58
Limits on disclosure of personal information.................................................. 58
15.......... Application of Information Privacy Principles................................ 59
16.......... Agencies to comply with Information Privacy Principles............... 59
Division 3—Approved privacy codes and the National Privacy Principles 60
16A....... Organisations to comply with approved privacy codes or National Privacy Principles 60
16B....... Personal information in records........................................................ 60
16C....... Application of National Privacy Principles..................................... 61
16D....... Delayed application of National Privacy Principles to small business 61
16E........ Personal, family or household affairs............................................... 62
16F........ Information under Commonwealth contract not to be used for direct marketing 63
Division 4—Tax file number information 64
17.......... Guidelines relating to tax file number information............................ 64
18.......... File number recipients to comply with guidelines............................ 64
Division 5—Credit information 65
18A....... Code of Conduct relating to credit information files and credit reports 65
18B....... Credit reporting agencies and credit providers to comply with Code of Conduct 66
Part IIIAA—Privacy codes 67
18BA.... Application for approval of privacy code........................................ 67
18BAA. Privacy codes may cover exempt acts or practices.......................... 67
18BB..... Commissioner may approve privacy code....................................... 67
18BC..... When approval takes effect.............................................................. 70
18BD.... Varying an approved privacy code................................................... 70
18BE..... Revoking the approval of an approved privacy code....................... 71
18BF..... Guidelines about privacy codes........................................................ 72
18BG.... Register of approved privacy codes................................................. 72
18BH.... Review of operation of approved privacy code............................... 72
18BI...... Review of adjudicator’s decision under approved privacy code...... 73
Part IIIA—Credit reporting 74
18C....... Certain credit reporting only to be undertaken by corporations...... 74
18D....... Personal information not to be given to certain persons carrying on credit reporting 74
18E........ Permitted contents of credit information files.................................. 75
18F........ Deletion of information from credit information files...................... 79
18G....... Accuracy and security of credit information files and credit reports 80
18H....... Access to credit information files and credit reports........................ 81
18J........ Alteration of credit information files and credit reports................... 81
18K....... Limits on disclosure of personal information by credit reporting agencies 82
18L........ Limits on use by credit providers of personal information contained in credit reports etc. 87
18M...... Information to be given if an individual’s application for credit is refused 90
18N....... Limits on disclosure by credit providers of personal information contained in reports relating to credit worthiness etc........................................................................................................... 91
18NA.... Disclosure by credit providers to certain persons who gave indemnities 99
18P........ Limits on use or disclosure by mortgage insurers or trade insurers of personal information contained in credit reports.......................................................................................................... 99
18Q....... Limits on use by certain persons of personal information obtained from credit providers 101
18R....... False or misleading credit reports................................................... 104
18S........ Unauthorised access to credit information files or credit reports... 104
18T....... Obtaining access to credit information files or credit reports by false pretences 104
18U....... Application of section 4B of Crimes Act....................................... 105
18V....... Application of this Part.................................................................. 105
Part IV—Office of the Privacy Commissioner 106
Division 1—Office of the Privacy Commissioner 106
19.......... Establishment of the Office of the Privacy Commissioner............ 106
19A....... Privacy Commissioner.................................................................... 106
20.......... Terms and conditions of appointment........................................... 106
21.......... Remuneration of Commissioner..................................................... 106
22.......... Leave of absence............................................................................. 107
23.......... Outside employment...................................................................... 107
24.......... Resignation..................................................................................... 107
25.......... Termination of appointment.......................................................... 107
26.......... Acting Commissioner..................................................................... 108
26A....... Staff and consultants...................................................................... 108
Division 2—Functions of Commissioner 109
27.......... Functions of Commissioner in relation to interferences with privacy 109
28.......... Functions of Commissioner in relation to tax file numbers............ 112
28A....... Functions of Commissioner in relation to credit reporting............. 113
29.......... Commissioner to have regard to certain matters............................. 114
Division 3—Reports by Commissioner 116
30.......... Reports following investigation of act or practice.......................... 116
31.......... Report following examination of proposed enactment................... 118
32.......... Report following monitoring of certain activities [see Note 3]...... 118
33.......... Exclusion of certain matters from reports...................................... 119
Division 4—Miscellaneous 121
34.......... Provisions relating to documents exempt under the Freedom of Information Act 1982 121
35.......... Direction where refusal or failure to amend exempt document...... 121
Part V—Investigations 123
Division 1—Investigation of complaints and investigations on the Commissioner’s initiative 123
36.......... Complaints..................................................................................... 123
37.......... Principal executive of agency.......................................................... 125
38.......... Conditions for making a representative complaint......................... 126
38A....... Commissioner may determine that a complaint is not to continue as a representative complaint 126
38B....... Additional rules applying to the determination of representative complaints 127
38C....... Amendment of representative complaints...................................... 127
39.......... Class member for representative complaint not entitled to lodge individual complaint 128
40.......... Investigations.................................................................................. 128
40A....... Referring complaint about act under Commonwealth contract...... 129
41.......... Circumstances in which Commissioner may decide not to investigate or may defer investigation 129
42.......... Preliminary inquiries....................................................................... 131
43.......... Conduct of investigations............................................................... 131
44.......... Power to obtain information and documents.................................. 133
45.......... Power to examine witnesses........................................................... 134
46.......... Directions to persons to attend compulsory conference................ 134
47.......... Conduct of compulsory conference................................................ 135
48.......... Complainant and certain other persons to be informed of various matters 136
49.......... Investigation under section 40 to cease if certain offences may have been committed 136
50.......... Reference of matters to other authorities....................................... 137
50A....... Substitution of respondent to complaint........................................ 138
51.......... Effect of investigation by Auditor‑General.................................... 139
Division 2—Determinations following investigation of complaints 140
52.......... Determination of the Commissioner............................................... 140
53.......... Determination must identify the class members who are to be affected by the determination 142
53A....... Notice to be given to outsourcing agency....................................... 142
53B....... Substituting respondent to determination...................................... 143
Division 3—Enforcement 144
54.......... Application of Division.................................................................. 144
55.......... Obligations of respondent organisation.......................................... 144
55A....... Proceedings in the Federal Court or Federal Magistrates Court to enforce a determination 145
55B....... Evidentiary certificate..................................................................... 146
Division 4—Review and enforcement of determinations involving Commonwealth agencies 148
57.......... Application of Division.................................................................. 148
58.......... Obligations of respondent agency.................................................. 148
59.......... Obligations of principal executive of agency.................................. 148
60.......... Compensation and expenses........................................................... 149
61.......... Review of determinations regarding compensation and expenses.. 149
62.......... Enforcement of determination against an agency............................ 149
Division 5—Miscellaneous 151
63.......... Legal assistance............................................................................... 151
64.......... Commissioner etc. not to be sued................................................... 152
65.......... Failure to attend etc. before Commissioner.................................... 152
66.......... Failure to give information etc........................................................ 153
67.......... Protection from civil actions........................................................... 156
68.......... Power to enter premises................................................................. 156
68A....... Identity cards.................................................................................. 158
69.......... Restrictions on Commissioner obtaining personal information and documents 158
70.......... Certain documents and information not required to be disclosed... 160
70A....... Application of Part to organisations that are not legal persons..... 161
70B....... Application of this Part to former organisations............................ 162
Part VI—Public interest determinations and temporary public interest determinations 163
Division 1—Public interest determinations 163
71.......... Interpretation.................................................................................. 163
72.......... Power to make, and effect of, determinations................................ 163
73.......... Application by agency or organisation........................................... 164
74.......... Publication of application............................................................... 165
75.......... Draft determination........................................................................ 165
76.......... Conference...................................................................................... 166
77.......... Conduct of conference.................................................................... 166
78.......... Determination of application.......................................................... 167
79.......... Making of determination................................................................ 167
80.......... Determinations disallowable........................................................... 167
Division 2—Temporary public interest determinations 168
80A....... Temporary public interest determinations..................................... 168
80B....... Effect of temporary public interest determination......................... 168
80C....... Determinations disallowable........................................................... 169
80D....... Commissioner may continue to consider application..................... 169
Division 3—Register of determinations 170
80E........ Register of determinations.............................................................. 170
Part VII—Privacy Advisory Committee 171
81.......... Interpretation.................................................................................. 171
82.......... Establishment and membership...................................................... 171
83.......... Functions........................................................................................ 172
84.......... Leave of absence............................................................................. 172
85.......... Removal and resignation of members............................................. 173
86.......... Disclosure of interests of members................................................ 173
87.......... Meetings of Advisory Committee.................................................. 173
88.......... Travel allowance............................................................................. 174
Part VIII—Obligations of confidence 175
89.......... Obligations of confidence to which Part applies............................ 175
90.......... Application of Part......................................................................... 175
91.......... Effect of Part on other laws............................................................ 175
92.......... Extension of certain obligations of confidence................................ 176
93.......... Relief for breach etc. of certain obligations of confidence.............. 176
94.......... Jurisdiction of courts...................................................................... 176
Part IX—Miscellaneous 177
95.......... Medical research guidelines............................................................ 177
95A....... Guidelines for National Privacy Principles about health information 177
95B....... Requirements for Commonwealth contracts.................................. 179
95C....... Disclosure of certain provisions of Commonwealth contracts....... 179
96.......... Non‑disclosure of private information........................................... 180
97.......... Annual report................................................................................. 181
98.......... Injunctions...................................................................................... 182
99.......... Delegation....................................................................................... 184
99A....... Conduct of directors, employees and agents.................................. 184
100........ Regulations..................................................................................... 185
Part X—Amendments of other Acts 187
101........ Amendments of other Acts............................................................ 187
Schedule 1—Amendments of other Acts 188
Schedule 2—Interim guidelines concerning the collection, storage, use and security of tax file number information 189
Introduction................................................................................................... 189
1............ General............................................................................................ 189
2............ Collection of tax file number information....................................... 190
3............ Storage and security of tax file number information....................... 190
4............ Use and disclosure of tax file number information......................... 191
5............ Publicity......................................................................................... 191
6............ Cessation of employment and investment..................................... 192
7............ Meaning of terms in interim guidelines........................................... 192
Schedule 3—National Privacy Principles 193
1............ Collection........................................................................................ 193
2............ Use and disclosure.......................................................................... 194
3............ Data quality.................................................................................... 198
4............ Data security.................................................................................. 198
5............ Openness........................................................................................ 198
6............ Access and correction..................................................................... 198
7............ Identifiers........................................................................................ 200
8............ Anonymity..................................................................................... 201
9............ Transborder data flows................................................................... 201
10.......... Sensitive information...................................................................... 202
Notes 205
An Act to make provision to protect the privacy of individuals, and for related purposes
WHEREAS Australia is a party to the International Covenant on Civil and Political Rights, the English text of which is set out in Schedule 2 to the Human Rights and Equal Opportunity Commission Act 1986:
AND WHEREAS, by that Covenant, Australia has undertaken to adopt such legislative measures as may be necessary to give effect to the right of persons not to be subjected to arbitrary or unlawful interference with their privacy, family, home or correspondence:
AND WHEREAS Australia is a member of the Organisation for Economic Co‑operation and Development:
AND WHEREAS the Council of that Organisation has recommended that member countries take into account in their domestic legislation the principles concerning the protection of privacy and individual liberties set forth in Guidelines annexed to the recommendation:
AND WHEREAS Australia has informed that Organisation that it will participate in the recommendation concerning those Guidelines:
BE IT THEREFORE ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
This Act may be cited as the Privacy Act 1988.
This Act commences on a day to be fixed by Proclamation.
It is the intention of the Parliament that this Act is not to affect the operation of a law of a State or of a Territory that makes provision with respect to the collection, holding, use, correction, disclosure or transfer of personal information (including such a law relating to credit reporting or the use of information held in connection with credit reporting) and is capable of operating concurrently with this Act.
Note: Such a law can have effect for the purposes of the provisions of the National Privacy Principles that regulate the handling of personal information by organisations by reference to the effect of other laws.
Chapter 2 of the Criminal Code (except Part 2.5) applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
(1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island.
(2) Nothing in this Act renders the Crown in right of the Commonwealth, of a State, of the Australian Capital Territory, of the Northern Territory or of Norfolk Island liable to be prosecuted for an offence.
(3) Nothing in this Act shall be taken to have the effect of making the Crown in right of a State, of the Australian Capital Territory, of the Northern Territory or of Norfolk Island an agency for the purposes of this Act.
For the purposes of the interpretation of the Information Privacy Principles, each Information Privacy Principle shall be treated as if it were a section of this Act.
This Act extends to all external Territories.
Application to overseas acts and practices of organisations
(1) This Act (except Divisions 4 and 5 of Part III and Part IIIA) and approved privacy codes extend to an act done, or practice engaged in, outside Australia and the external Territories by an organisation if:
(a) subject to subsection (1A), the act or practice relates to personal information about an Australian citizen or a person whose continued presence in Australia is not subject to a limitation as to time imposed by law; and
(b) the requirements of subsection (2) or (3) are met.
Note: The act or practice overseas will not breach a National Privacy Principle or approved privacy code or be an interference with the privacy of an individual if the act or practice is required by an applicable foreign law. See sections 6A, 6B and 13A.
(1A) Paragraph (1)(a) does not apply in relation to National Privacy Principle 9.
Note: Because of subsection (1A), the extra‑territorial application of National Privacy Principle 9 is not limited by the citizenship etc. requirement of paragraph (1)(a).
Organisational link with Australia
(2) The organisation must be:
(a) an Australian citizen; or
(b) a person whose continued presence in Australia is not subject to a limitation as to time imposed by law; or
(c) a partnership formed in Australia or an external Territory; or
(d) a trust created in Australia or an external Territory; or
(e) a body corporate incorporated in Australia or an external Territory; or
(f) an unincorporated association that has its central management and control in Australia or an external Territory.
Other link with Australia
(3) All of the following conditions must be met:
(a) the organisation is not described in subsection (2);
(b) the organisation carries on business in Australia or an external Territory;
(c) the personal information was collected or held by the organisation in Australia or an external Territory, either before or at the time of the act or practice.
Power to deal with complaints about overseas acts and practices
(4) Part V of this Act has extra‑territorial operation so far as that Part relates to complaints and investigation concerning acts and practices to which this Act extends because of subsection (1).
Note: This lets the Commissioner take action overseas to investigate complaints and lets the ancillary provisions of Part V operate in that context.
(1) In this Act, unless the contrary intention appears:
ACC means the Australian Crime Commission.
ACT enactment has the same meaning as enactment has in the Australian Capital Territory (Self‑Government) Act 1988.
agency means:
(a) a Minister; or
(b) a Department; or
(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:
(i) an incorporated company, society or association; or
(ii) an organisation within the meaning of the Conciliation and Arbitration Act 1904 or a branch of such an organisation; or
(d) a body established or appointed by the Governor‑General, or by a Minister, otherwise than by or under a Commonwealth enactment; or
(e) a person holding or performing the duties of an office established by or under, or an appointment made under, a Commonwealth enactment, other than a person who, by virtue of holding that office, is the Secretary of a Department; or
(f) a person holding or performing the duties of an appointment, being an appointment made by the Governor‑General, or by a Minister, otherwise than under a Commonwealth enactment; or
(g) a federal court; or
(h) the Australian Federal Police; or
(i) an eligible case manager; or
(j) the nominated AGHS company; or
(k) an eligible hearing service provider.
annual turnover of a business has the meaning given by section 6DA.
approved privacy code means:
(a) a privacy code approved by the Commissioner under section 18BB; or
(b) a privacy code approved by the Commissioner under section 18BB with variations approved by the Commissioner under section 18BD.
bank means:
(a) the Reserve Bank of Australia; or
(b) a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959; or
(c) a person who carries on State banking within the meaning of paragraph 51(xiii) of the Constitution.
Board of the ACC means the Board of the Australian Crime Commission established under section 7B of the Australian Crime Commission Act 2002.
breach an approved privacy code has the meaning given by section 6B.
breach an Information Privacy Principle has a meaning affected by subsection 6(2).
breach a National Privacy Principle has the meaning given by section 6A.
class member, in relation to a representative complaint, means any of the persons on whose behalf the complaint was lodged, but does not include a person who has withdrawn under section 38B.
code complaint means a complaint about an act or practice that, if established, would be an interference with the privacy of the complainant because it breached an approved privacy code.
Code of Conduct means the Code of Conduct issued under section 18A.
commercial credit means a loan sought or obtained by a person, other than a loan of a kind referred to in the definition of credit in this subsection.
Commissioner means the Privacy Commissioner.
Commissioner of Police means the Commissioner of Police appointed under the Australian Federal Police Act 1979.
Commonwealth contract means a contract, to which the Commonwealth or an agency is or was a party, under which services are to be, or were to be, provided to an agency.
Note: See also subsection (9) about provision of services to an agency.
Commonwealth enactment means:
(a) an Act other than:
(i) the Northern Territory (Self‑Government) Act 1978; or
(ii) an Act providing for the administration or government of an external Territory; or
(iii) the Australian Capital Territory (Self‑Government) Act 1988;
(b) an Ordinance of the Australian Capital Territory;
(c) an instrument (including rules, regulations or by‑laws) made under an Act to which paragraph (a) applies or under an Ordinance to which paragraph (b) applies; or
(d) any other legislation that applies as a law of the Commonwealth (other than legislation in so far as it is applied by an Act referred to in subparagraph (a)(i) or (ii)) or as a law of the Australian Capital Territory, to the extent that it operates as such a law.
Commonwealth officer means a person who holds office under, or is employed by, the Commonwealth, and includes:
(a) a person appointed or engaged under the Public Service Act 1999;
(b) a person (other than a person referred to in paragraph (a)) permanently or temporarily employed by, or in the service of, an agency;
(c) a member of the Defence Force; and
(d) a member, staff member or special member of the Australian Federal Police;
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 or of Norfolk Island.
consent means express consent or implied consent.
contracted service provider, for a government contract, means:
(a) an organisation that is or was a party to the government contract and that is or was responsible for the provision of services to an agency or a State or Territory authority under the government contract; or
(b) a subcontractor for the government contract.
corporation means a body corporate that:
(a) is a foreign corporation;
(b) is a trading corporation formed within the limits of Australia or is a financial corporation so formed; or
(c) is incorporated in a Territory, other than the Northern Territory.
credit means a loan sought or obtained by an individual from a credit provider in the course of the credit provider carrying on a business or undertaking as a credit provider, being a loan that is intended to be used wholly or primarily for domestic, family or household purposes.
credit card means any article of a kind commonly known as a credit card, charge card or any similar article intended for use in obtaining cash, goods or services by means of loans, and includes any article of a kind commonly issued by persons carrying on business to customers or prospective customers of those persons for use in obtaining goods or services from those persons by means of loans.
credit enhancement, in relation to a loan, means:
(a) the process of insuring risk associated with purchasing or funding the loan by means of a securitisation arrangement; or
(b) any other similar process related to purchasing or funding the loan by those means.
credit information file, in relation to an individual, means any record that contains information relating to the individual and is kept by a credit reporting agency in the course of carrying on a credit reporting business (whether or not the record is a copy of the whole or part of, or was prepared using, a record kept by another credit reporting agency or any other person).
credit provider has the meaning given by section 11B, and, for the purposes of sections 7 and 8 and Parts III, IV and V, is taken to include a mortgage insurer and a trade insurer.
credit report means any record or information, whether in a written, oral or other form, that:
(a) is being or has been prepared by a credit reporting agency; and
(b) has any bearing on an individual’s:
(i) eligibility to be provided with credit; or
(ii) history in relation to credit; or
(iii) capacity to repay credit; and
(c) is used, has been used or has the capacity to be used for the purpose of serving as a factor in establishing an individual’s eligibility for credit.
credit reporting agency has the meaning given by section 11A.
credit reporting business means a business or undertaking (other than a business or undertaking of a kind in respect of which regulations made for the purposes of subsection (5C) are in force) that involves the preparation or maintenance of records containing personal information relating to individuals (other than records in which the only personal information relating to individuals is publicly available information), for the purpose of, or for purposes that include as the dominant purpose the purpose of, providing to other persons (whether for profit or reward or otherwise) information on an individual’s:
(a) eligibility to be provided with credit; or
(b) history in relation to credit; or
(c) capacity to repay credit;
whether or not the information is provided or intended to be provided for the purposes of assessing applications for credit.
credit reporting complaint means a complaint about an act or practice that, if established, would be an interference with the privacy of the complainant because:
(a) it breached the Code of Conduct; or
(b) it breached a provision of Part IIIA.
credit reporting infringement means:
(a) a breach of the Code of Conduct; or
(b) a breach of a provision of Part IIIA.
current credit provider, in relation to an individual, means a credit provider who has given, to the individual, credit that has not yet been fully repaid or otherwise fully discharged.
Defence Force includes the Australian Navy Cadets, the Australian Army Cadets and the Australian Air Force Cadets.
Department means an Agency within the meaning of the Public Service Act 1999.
eligible case manager means an entity (within the meaning of the Employment Services Act 1994):
(a) that is, or has at any time been, a contracted case manager within the meaning of that Act; and
(b) that is not covered by paragraph (a), (b), (c), (d), (e), (f), (g) or (h) of the definition of agency.
eligible communications service means a postal, telegraphic, telephonic or other like service, within the meaning of paragraph 51(v) of the Constitution.
eligible hearing service provider means an entity (within the meaning of the Hearing Services Administration Act 1997):
(a) that is, or has at any time been, engaged under Part 3 of the Hearing Services Administration Act 1997 to provide hearing services; and
(b) that is not covered by paragraph (a), (b), (c), (d), (e), (f), (g), (h) or (j) of the definition of agency.
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:
(a) the engagement, training, disciplining or resignation of the employee;
(b) the termination of the employment of the employee;
(c) the terms and conditions of employment of the employee;
(d) the employee’s personal and emergency contact details;
(e) the employee’s performance or conduct;
(f) the employee’s hours of employment;
(g) the employee’s salary or wages;
(h) the employee’s membership of a professional or trade association;
(i) the employee’s trade union membership;
(j) the employee’s recreation, long service, sick, personal, maternity, paternity or other leave;
(k) the employee’s taxation, banking or superannuation affairs.
enforcement body means:
(a) the Australian Federal Police; or
(b) the ACC; or
(c) the Australian Customs Service; or
(d) the Australian Prudential Regulation Authority; or
(e) the Australian Securities and Investments Commission; or
(f) another agency, to the extent that it is responsible for administering, or performing a function under, a law that imposes a penalty or sanction or a prescribed law; or
(g) another agency, to the extent that it is responsible for administering a law relating to the protection of the public revenue; or
(h) a police force or service of a State or a Territory; or
(i) the New South Wales Crime Commission; or
(j) the Independent Commission Against Corruption of New South Wales; or
(k) the Police Integrity Commission of New South Wales; or
(l) the Criminal Justice Commission of Queensland; or
(m) another prescribed authority or body that is established under a law of a State or Territory to conduct criminal investigations or inquiries; or
(n) a State or Territory authority, to the extent that it is responsible for administering, or performing a function under, a law that imposes a penalty or sanction or a prescribed law; 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.
Federal Court means the Federal Court of Australia.
file number complaint means a complaint about an act or practice that, if established, would be an interference with the privacy of the complainant:
(a) because it breached a guideline issued under section 17; or
(b) because it involved an unauthorised requirement or request for disclosure of a tax file number.
financial corporation means a financial corporation within the meaning of paragraph 51(xx) of the Constitution.
foreign corporation means a foreign corporation within the meaning of paragraph 51(xx) of the Constitution.
Freedom of Information Act means the Freedom of Information Act 1982.
generally available publication means a magazine, book, newspaper or other publication (however published) that is or will be generally available to members of the public.
government contract means a Commonwealth contract or a State contract.
guarantee includes an indemnity given against the default of a borrower in making a payment in respect of a loan.
health information means:
(a) information or an opinion about:
(i) the health or a disability (at any time) of an individual; or
(ii) an individual’s expressed wishes about the future provision of health services to him or her; or
(iii) a health service provided, or to be provided, to an individual;
that is also personal information; or
(b) other personal information collected to provide, or in providing, a health service; or
(c) other personal information about an individual collected in connection with the donation, or intended donation, by the individual of his or her body parts, organs or body substances.
health service means:
(a) an activity performed in relation to an individual that is intended or claimed (expressly or otherwise) by the individual or the person performing it:
(i) to assess, record, maintain or improve the individual’s health; or
(ii) to diagnose the individual’s illness or disability; or
(iii) to treat the individual’s illness or disability or suspected illness or disability; or
(b) the dispensing on prescription of a drug or medicinal preparation by a pharmacist.
hearing services has the same meaning as in the Hearing Services Administration Act 1997.
individual means a natural person.
individual concerned, in relation to personal information or a record of personal information, means the individual to whom the information relates.
Information Privacy Principle means any of the Information Privacy Principles set out in section 14.
intelligence agency means:
(a) the Australian Security Intelligence Organisation;
(b) the Australian Secret Intelligence Service; or
(c) the Office of National Assessments.
IPP complaint means a complaint about an act or practice that, if established, would be an interference with the privacy of the complainant because it breached an Information Privacy Principle.
loan means a contract, arrangement or understanding under which a person is permitted to defer payment of a debt, or to incur a debt and defer its payment, and includes:
(a) a hire‑purchase agreement; and
(b) such a contract, arrangement or understanding for the hire, lease or renting of goods or services, other than a contract, arrangement or understan