Exclusion of certain matters from reports. (6) Where the Commissioner affords an agency or person an opportunity to appear before the Commissioner under subsection (5), the agency or person may, with the approval of the Commissioner, be represented by another person. We operate under the Protective Security Framework(PSPF), published by the Attorney-Generals Department, which provides direction on our information security management policies. (1) Subject to subsection (2), the Commissioner shall publish, in such manner as he or she thinks fit, notice of the receipt by the Commissioner of an application. This Act binds the Crown in right of the Commonwealth, of each of the States, of the Northern Territory and of Norfolk Island. (ii) developing general international guidelines relevant to the better protection of individual privacy; (c) ensure that his or her recommendations and guidelines are, within the limitations of the powers of the Commonwealth, capable of acceptance, adaptation and extension throughout Australia; and. 14. (1) In setting out findings, opinions and reasons in a report to be given under section 30, 31 or 32, the Commissioner may exclude a matter if the Commissioner considers it desirable to do so having regard to the obligations of the Commissioner under subsections (2) and (3). In deciding under subsection (1) whether or not to exclude matter from a report, the Commissioner shall have regard to the need to prevent: The Commissioner shall try to achieve an appropriate balance between meeting the need referred to in subsection (2) and the desirability of ensuring that interested persons are sufficiently informed of the results of the Commissionerâs investigation, examination or monitoring. (d) if paragraph (b) appliesâthe Australian Federal Police; shall be treated as a collector in relation to that information. The Commissioner shall not make a finding under section 52 that is adverse to a complainant or respondent unless the Commissioner has afforded the complainant or respondent an opportunity to appear before the Commissioner and to make submissions, orally, in writing or both, in relation to the matter to which the investigation relates. (d) in so far as the agency engages in the practice while the determination is in force; as the case may be, be disregarded for the purpose of section 16. 1.3 The Commissioner of Taxation shall publicise in a generally available publication information relating to: (a) the persons or bodies who are authorised by law to require or request another person to quote that personâs tax file number; (b) the specific purposes for which such a requirement or request may be made; (c) the prohibitions on the use and disclosure of tax file number information; and. (3) In a determination under paragraph (1) (a) or (b) (other than a determination made on a representative complaint), the Commissioner may include a declaration that the complainant is entitled to a specified amount to reimburse the complainant for expenses reasonably incurred by the complainant in connection with the making of the complaint and the investigation of the complaint. (b) find the complaint substantiated and make a determination that includes one or more of the following: (a) where the principal executive of an agency is the respondentâthat the agency has engaged in conduct constituting an interference with the privacy of an individual and should not repeat or continue such conduct; or. (3) A body of persons, whether corporate or unincorporate, that is directed under section 46 to attend a conference shall be deemed to attend if a member, officer or employee of that body attends on behalf of that body. (5) A person shall not produce, in connection with a complaint, a prescribed document containing information that relates to an individual other than the complainant and does not also relate to the complainant, unless the document is a copy of another prescribed document and has had that information deleted from it. Except with the consent of the Commissioner: Where the Commissioner decides not to investigate, or not to investigate further, a matter to which a complaint relates, the Commissioner shall, as soon as practicable and in such manner as the Commissioner thinks fit, inform the complainant and the respondent of the decision and of the reasons for the decision. Este artículo es parte de una serie sobre la política y el gobierno de Australia. The Commissioner may, in a notice given to a person under subsection (1), require the person to produce such documents at the conference as are specified in the notice. (2) A person who is, or has at any time been, the Commissioner, or a member of the staff referred to in section 43 of the Human Rights and Equal Opportunity Commission Act 1986 or is acting, or has at any time acted, on behalf of the Commissioner shall not be required: (a) to divulge or communicate to a court any information relating to the affairs of another person acquired by the first-mentioned person because of that personâs office or employment under or for the purposes of this Act or because of that person acting, or having acted, on behalf of the Commissioner; or. These principles apply to Australian Government and Australian Capital Territoryagencies or private sector organizations contracted to these governments, as well as to organizations and small businesses who provide a health service. (b) a decision of the Commissioner refusing to include such a declaration in a determination to which this Division applies. The ⦠Subscribe to information about: Australian Work Health and Safety Strategy Chemical exposure standards Disease, injury and behavioural issues Diving Hazardous substances and dangerous goods 4. (3) Upon receiving such a notice the Commissioner may continue the investigation discontinued under paragraph (1) (c). (7) Where the Commissioner makes an application to the court for the grant of an injunction under this section, the court shall not require the Commissioner or any other person, as a condition of the granting of an interim injunction, to give any undertakings as to damages. If, at a meeting of the Advisory Committee, the convenor is not present, the members who are present shall elect one of their number to preside at the meeting. (5) Where a record of personal information was placed by or on behalf of an agency in the memorial collection within the meaning of the Australian War Memorial Act 1980, that agency or, if that agency no longer exists, the agency to whose functions the contents of the record are most closely related, shall be regarded, for the purposes of this Act, as the record-keeper in relation to that record. (2) Section 48 of the Acts Interpretation Act 1901 applies to a determination referred to in paragraph 78 (a) as if paragraph (1) (b) of section 48 were omitted and the following paragraph substituted: â(b) subject to this section, shall take effect on the first day on which the determination is no longer liable to be disallowed, or to be deemed to be disallowed, under this section; andâ. The Commissioner shall cause a copy of a determination to be served on the complainant and on the respondent. (h) letters or other articles in the course of transmission by post; ârepresentative complaintâ means a complaint under subsection 36 (2); âSecretaryâ, in relation to a Department, has the same meaning as in the Public Service Act 1922; âsolicitâ, in relation to personal information, means request a person to provide that information, or a kind of information in which that information is included; âStateâ includes the Northern Territory; âtax file numberâ means a tax file number as defined in Part Va of the Income Tax Assessment Act 1936; âtax file number informationâ means information (including information forming part of a database), whether compiled lawfully or unlawfully, and whether recorded in a material form or not, that records the tax file number of a person in a manner connecting it with the personâs identity; âtrading corporationâ means a trading corporation within the meaning of paragraph 51 (xx) of the Constitution; âuseâ, in relation to information, does not include mere disclosure of the information, but does include the inclusion of the information in a publication. (4) The court may discharge or vary an injunction granted under this section. (4) If, on an application made by a person authorised by the Commissioner under subsection (1), a Magistrate is satisfied, by information on oath, that it is reasonably necessary, for the purposes of the performance by the Commissioner of his or her functions under this Act, that the person be empowered to enter the premises, the Magistrate may issue a warrant authorising the person, with such assistance as the person thinks necessary, to enter the premises, if necessary by force, for the purpose of exercising those powers. (1) Where an agency fails to comply with section 55, the person on whose complaint the determination was made or the Commissioner may apply to the Federal Court for an order directing the agency to comply with that section. (1) Information relating to an individual shall not be furnished, in connection with a complaint, in such a manner as to reveal the individualâs identity, unless the individual has made the complaint or has consented to the information being so furnished. Direction where refusal or failure to amend exempt document. Privacy Guide A guide to complying with privacy laws in Australia January 2020 The Commissioner shall include in a determination a statement of the reasons for the determination. (b) the person is authorised, pursuant to a warrant issued under subsection (4), to enter the premises. Nothing in this section prohibits a person from: Nothing in subsection (2) prevents a person being required, for the purposes of or under an Act, to divulge or communicate information, or to. (5) The complaint shall specify the respondent to the complaint. 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 interferences with the privacy of persons and is capable of operating concurrently with this Act. Enforcement of determination against agency. 77. There shall be a Privacy Commissioner, who shall be appointed by the Governor-General. Subject to subsection (5), it is not necessary for a complainant or respondent to be afforded an opportunity to appear before the Commissioner in connection with an investigation under this Division. (b) a written determination dismissing the application. (3) The Commissioner holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Governor-General. (3) A person shall not furnish information or make a statement to the Commissioner knowing that it is false or misleading in a material particular. 12. The convenor may, on such terms and conditions as the convenor thinks fit, grant to another member leave to be absent from a meeting of the Advisory Committee. (1) The Commissioner shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, the Commissioner shall be paid such remuneration as is prescribed. You may wish to seek specific legal advice when drafting your privacy policy or for any other privacy ⦠(iii) the steps that the person should take if the person wishes to obtain access to the record. (2) A conference under this Division shall be held in private and shall be conducted in such manner as the Commissioner thinks fit. 28 January 2015 The Governor-General may terminate the appointment of an appointed member for misbehaviour or physical or mental incapacity. (2) The Governor-General shall terminate the appointment of the Commissioner if the Commissioner: (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; (b) is absent from duty, except on leave of absence granted by the Minister, for 14 consecutive days or for 28 days in any period of 12 months; or. The Commissioner shall send to the agency, and to each person (if any) other than the agency who is interested in the application, a written invitation to notify the Commissioner, within the period specified in the invitation, whether or not the agency or other person wishes the Commissioner to hold a conference about the draft determination. (ii) if the guidelines make provision for their commencement after the day referred to in subparagraph (i), in accordance with that provision; andâ. Functions of Commissioner in relation to interferences with privacy. If we are satisfied there has been an interference with privacy, and are unable to resolve the matter, we may refer the complaint to the Director of Human Rights Proceedings (the Director) so they can bring the case to the Human Rights Review Tribunal (the Tribunal). (d) the penalties that apply to unauthorised acts and practices in relation to tax file number information; together with information as to where detailed particulars relating to these matters can be obtained. of certain obligations of confidence, 96.   Non-disclosure of private information, INTERIM GUIDELINES CONCERNING THE COLLECTION, STORAGE, USE AND SECURITY OF TAX FILE NUMBER INFORMATION, An Act to make provision to protect the privacy of individuals, and for related purposes. Latest resources. We'll update you weekly with all the latest news and tips you need ⦠Where the Commissioner becomes aware that a matter being investigated by the Commissioner is, or is related to, a matter that is under investigation by the Auditor-General, the Commissioner shall not, unless the Commissioner and Auditor-General agree to the contrary, continue to investigate the matter until the investigation by the Auditor-General has been completed. (b) about exempt matter contained in a document of an agency or in an official document of a Minister. The following National Privacy Principles (or NPPs) are particularly relevant to records relating to a person's time in 'care': An organisation must have a policy on how it manages personal information, and make it available to anyone who asks for it. 85. (4) The Commissioner may, in a notice given to a person under subsection (1), require the person to produce such documents at the conference as are specified in the notice. (2) The Commissioner shall send to the agency, and to each person (if any) other than the agency who is interested in the application, a written invitation to notify the Commissioner, within the period specified in the invitation, whether or not the agency or other person wishes the Commissioner to hold a conference about the draft determination. 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). 28. (1) The Commissioner shall not deal with a complaint made under subsection 36 (2) unless he or she is satisfied that the complaint was made in good faith on behalf of persons other than the complainant. An invitation under subsection (2) shall specify a period that begins on the day on which the invitation is sent and is not shorter than the prescribed period. 37. Agencies to comply with Information Privacy Principles. File number recipients to comply with guidelines. For the purposes of this Act, an act or practice breaches a guideline issued under section 17 if, and only if, it is contrary to, or inconsistent with, the guideline. Privacy Act 1988. The Office of the Australian Information Commissioner (OAIC) is the independent statutory agency that was created by the Australian Information Commissioner Act 2010 (Cth) (âAICA 2010â) to administer the PA 1988 and the Freedom of Information Act 1982 (Cth) (âFoI Act (Cth)â). âAPP entitiesâ must comply with the Privacy Act. The Governor-General may make regulations, not inconsistent with this Act, prescribing matters: (a) required or permitted by this Act to be prescribed; or. (e) the disclosure is reasonably necessary for the enforcement of the criminal law or of a law imposing a pecuniary penalty, or for the protection of the public revenue. 39. 2. (1) A determination referred to in paragraph 78 (a) is a disallowable instrument for the purposes of section 46a of the Acts Interpretation Act 1901. In addition, the Act contains various provisions to facilitate the use of electronic documents. (iii) a body corporate constituted under subsection 6 (1) of the Legal Practitioners Ordinance 1970 of the Australian Capital Territory; (d) a body established or appointed by the Governor-General, or by a Minister, otherwise than by or under a Commonwealth enactment; (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; (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; (g) a federal court and a court of the Australian Capital Territory; and. (2) Except so far as the contrary intention appears, a reference in this Act (other than section 8) to an act or to a practice includes, in the application of this Act otherwise than in respect of the Information Privacy Principles and the performance of the Commissionerâs functions under section 27, a reference to an act done, or a practice engaged in, as the case may be, by an agency specified in Schedule 2 to the Freedom of Information Act 1982 other than: (b) the Defence Signals Directorate or the Joint Intelligence Organisation of the Department of Defence; or. A file number recipient shall not do an act, or engage in a practice, that breaches a guideline issued under section 17. (2) The Commissioner shall, in making a determination, take account of all submissions about the application that have been made, whether at a conference or not, by the agency or any person. (2) If the Attorney-General is satisfied that in all the circumstances it is reasonable to grant an application made under this section, he or she may authorise the provision by the Commonwealth to the applicant of such financial assistance in connection with the investigation of the complaint as the Attorney-General determines. Where the principal executive of an agency fails to comply with section 56, the person on whose complaint the determination was made or the Commissioner may apply to the Federal Court for an order directing the principal executive to comply with that section. Power to obtain information and documents. Power to make, and effect of, determinations. A determination referred to in paragraph 78 (a) is a disallowable instrument for the purposes of section 46. Note: An act or practice of an agency may be treated as an act or practice of an organisation, see section 7A. â(4a) Subsection (2) does not prevent the Agency, or an officer acting on behalf of the Agency, from giving information or documents under paragraph 49 (1a) (e).â. Except so far as the contrary intention appears, a reference in this Act to doing an act includes a reference to: For the purposes of paragraphs 27 (1) (b), (c), (d), (e), (g), (k), (m) and (n), of subsection 31 (2) and of Part VI, this section has effect as. Latest resources. A record-keeper who has possession or control of a record that contains personal information shall not use the information except for a purpose to which the information is relevant. Cite this: http://www.findandconnect.gov.au/guide/australia/FE00127 In the past, the OAIC has referred to these assessments as âauditsâ. (c) an act done or practice engaged in by, or information disclosed to, a member or special member of the Australian Federal Police in the performance of his or her duties as such a member or special member shall be treated as having been done or engaged in by, or disclosed to, the Australian Federal Police. (3) A complaint transferred under subsection (2) shall be taken to be: (b) an application made to the Merit Protection Agency under section 47 of the Merit Protection Act; Effect of investigation by Auditor-General. (10) An appointed member holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined, in writing, by the Governor-General. produce a document, that is, or is included in a class of information that is, or class of documents that are, required or permitted by that Act to be divulged, communicated or produced. For the purposes of this Part, a person is interested in an application made under section 73 if, and only if, the Commissioner is of the opinion that the person has a real and substantial interest in the application. Acts and practices of, and disclosure of information to, staff of agency etc. This includes the collection, use, storage and disclosure of personal information. A conference under this Division shall be held in private and shall be conducted in such manner as the Commissioner thinks fit. (1) Where the Commissioner has examined a proposed enactment under paragraph 27 (1) (b), subsections (2) and (3) of this section have effect. Our privacy policy deals with our collection, storage, access to, use and disclosure of personal information. (1) The Governor-General may terminate the appointment of the Commissioner by reason of misbehaviour or physical or mental incapacity. A person shall not be appointed as a member for a period that extends beyond the time at which the person will reach 65 years. A person who is (whether lawfully or unlawfully) in possession or control of a record that contains tax file number information shall be regarded, for the purposes of this Act, as a file number recipient. The Commissioner shall, as soon as practicable after 30 June in each year, give to the Minister a report of the operation of this Act during that year. â(2) Where, after any submissions have been made in accordance with subsection (1), a decision is made that the document, so far as it contains the information referred to in paragraph (1) (a), is not an exempt document under section 41: (a) the agency or Minister shall cause notice in writing of the decision to be given to the person who made the submissions, as well as to the person who made the request; and. Application of the Criminal Code 4. 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