Privacy Law & Lawyers
Privacy Legislation
The Privacy Act 1988 is the main piece of law pertaining to privacy in Australia. The Privacy Act regulates how your personal information is handled. For example, it covers:
- how your personal information is collected (e.g. the personal information you provide when you fill in a form)
- how it is then used and disclosed
- its accuracy
- how securely it is kept
- your general right to access that information.
If you need legal help regarding privacy law, then please complete your free legal enquiry form on the left, or click here.
The Privacy Act also covers more specific matters, such as:
- the use of your tax file number
- how credit worthiness information about you is handled by credit reporting agencies and credit providers.
Sensitive Information and Privacy Law
There are certain types of personal information that are especially important to your privacy, such as your health or medical information. This information is classed as 'sensitive information' under the Privacy Act. The Act has particular provisions that require that sensitive information be managed with particular care.
How does the Privacy Act work?
The principles contained in the Privacy Act are not prescriptive. That is, they don't tell agencies and organisations what they must do in each situation.
Rather, they offer principles about the way in which personal information should be handled, and each agency or organisation needs to apply those principles to its own situation.
If an agency or organisation breaches the privacy principles, the Office of the Australian Information Commissioner (OAIC) may investigate the matter. Individuals can also make a privacy complaint to us about an agency or organisation if they think their information has been mishandled.
If you believe you have a matter which involves privacy law, please complete your free legal enquiry form on the left, or click here, to receive legal help regarding privacy law.
Broadly speaking, privacy lawyers can provide assistance in respect of the following privacy law issues:
- Health
- Credit and finance
- Internet, communications and other technologies
- Direct marketing
- Identity security
- Law enforcement and national security
- Photos and surveillance
- investigations and investigators
- Workplace matters
- Education and child care
- Tenancy and real estate
- Youth matters
If you need legal help regarding privacy law, then please complete your free legal enquiry form on the left, or click here.
Privacy Interference
Office of the Australian Information Commissioner (OAIC)
Please be advised that the Office of the Australian Information Commissioner (OAIC) has complaint handling responsibilities under the Privacy Act 1988. Individuals can complain if they believe their privacy has been interfered with by an Australian or ACT government agency, or a private sector organisation covered by the Act. Should you wish to seek legal representation then please complete your free legal enquiry form on the left.
If you need legal help regarding privacy law, then please complete your free legal enquiry form on the left, or click here.
Links to Further Resources - Privacy Law & Lawyers
News, updates and further information - Privacy Law & Lawyers
On 1 November 2010 the Office of the Privacy Commissioner was integrated into the Office of the Australian Information Commissioner (OAIC).
The federal Privacy Act does not regulate state or territory agencies, except for the Australian Capital Territory (ACT). For information on privacy regulations in the states and territories please refer to the appropriate state or territory section below.
If you need legal help regarding privacy law, then please complete your free legal enquiry form on the left, or click here.
Australian Capital Territory
The federal Privacy Act in a slightly amended version applies to Australian Capital Territory government agencies and is administered by the Privacy Commissioner on behalf of the ACT government. The Health Records (Privacy and Access) Act 1997 (Health Records Act) covers health records held in the public sector in the ACT and also seeks to apply to acts or practices in the private sector not covered by the Privacy Act. The Health Records Act contains privacy principles based on the federal legislation but modified to suit the requirements of health records. The Human Rights Commission handles health record privacy complaints.
The ACT has also enacted the Human Rights Act 2004 which incorporates a right for an individual not to have their privacy, family, home or correspondence interfered with unlawfully or arbitrarily.
Relevant Australian Capital Territory laws include:
•Privacy Act (1988)
•Australian Capital Territory Government Service (Consequential Provisions) Act 1994
•Health Records (Privacy and Access) Act 1997
•Human Rights Act 2004
•Freedom of Information Act 1989
•Territory Records Act 2002 (public records)
•Human Rights Act 2004 (right to privacy)
•Spent Convictions Act 2000
•Listening Devices Act 1992
Northern Territory
The Information Commissioner for the Northern Territory is the independent authority responsible for overseeing the Freedom of Information (FOI) and privacy provisions of the Northern Territory Information Act 2002 (Information Act).
The Information Act which covers the protection of personal information, record keeping and archive management of information held in the public sector was passed in October 2002 and commenced 1 July 2003. The Information Act incorporates FOI, privacy principles and record and archive management.
Relevant Northern Territory laws include:
•Information Act 2002 (privacy, FOI and public records)
•Criminal Records (Spent Convictions) Act 1992
•Surveillance Devices Act 2007
•Telecommunications (Interception) Northern Territory Act 2001
New South Wales
The Privacy and Personal Information Protection Act 1998 (PPIP Act) deals with how all New South Wales public sector agencies manage personal information. It also sets out the role of the Office of the New South Wales Privacy Commissioner.
While the PPIP Act applies primarily to the New South Wale public sector, it gives the New South Wales Privacy Commissioner the power to investigate and conciliate privacy breaches by organisations and individuals who are not public sector agencies.
The Health Records and Information Privacy Act 2002 (HRIP Act) came into effect on 1 September 2004. It governs the handling of health information in the public sector, and it also seeks to regulate the handling of health information in the private sector in New South Wales. In December 2004 Privacy NSW developed four statutory guidelines under the HRIP Act. These guidelines are legally binding documents that define the scope of particular exemptions in the health privacy principles.
Relevant New South Wales laws include:
•Privacy and Personal Information Protection Act 1998
•Health Records and Information Privacy Act 2002
•Freedom of Information Act 1989
•State Records Act 1998
•Criminal Records Act 1991 (Spent Convictions)
•Listening Devices Act 1984
•Workplace Surveillance Act 2005
•Telecommunications (Interception and Access) (New South Wales) Act 1987
•Access to Neighbouring Land Act 2000, esp. s.16 and s.26.
•Crimes (Forensic Procedures) Act 2000
If you need legal help regarding privacy law, then please complete your free legal enquiry form on the left, or click here.
Queensland
The Information Privacy Act 2009 regulates the handling of personal information by Queensland government agencies. It contains 11 Information Privacy Principles which set out the way that all Queensland government agencies except Queensland Health are to handle personal information. It also contains nine National Privacy Principles which set out the way that Queensland Health is to handle personal information. Note that some provisions of this legislation are yet to commence. For further information, see the Queensland Office of the Information Commissioner’s website.
Before the commencement of the Information Privacy Act 2009, a privacy scheme applied to Queensland government agencies and most statutory government-owned corporations. The regime, based on the federal Information Privacy Principles, included Information Standards and Privacy Guidelines. To ensure a nationally consistent approach between the Queensland public health sector and private health sectors, the scheme required Queensland Health to comply with principles which were the same as the 10 federal NPPs.
The Queensland Health Quality and Complaints Commission provides an enquiry service and a health complaint system, including privacy-related complaints involving the State public health sector.
Other relevant Queensland laws include:
•Right to Information Act 2009
•Public Records Act 2002
•Criminal Law (Rehabilitation of Offenders) Act 1986 (spent convictions)
•Invasion of Privacy Act 1971 (listening devices, invasion of privacy of the home)
•Whistleblowers Protection Act 1994
•Police Powers and Responsibilities Act 2000 (Chapter 4 deals with covert evidence-gathering powers)
•Private Employment Agents (Code of Conduct) Regulation 2005 (provisions 14 and 15 deal with work seekers' information and the need to ensure it is not disclosed or improperly used).
Relevant Queensland case law
•Grosse v Purvis [2003] QDC 151 (16 June 2003).
South Australia
South Australia has issued an administrative instruction requiring its government agencies to generally comply with a set of Information Privacy Principles and has established a privacy committee.
South Australia also has a Code of Fair Information Practice based on the National Privacy Principles. This Code applies to the South Australian Department of Health and its funded service providers and to others with access to the Department’s personal information.
Relevant South Australian laws include:
•Freedom of Information Act 1991
•State Records Act 1997
•Listening and Surveillance Devices Act 1972
•Telecommunications (Interception) Act 1988
Tasmania
In 1997 Tasmania issued Information Privacy Principles based on the federal Privacy Act and recommended the principles to Tasmanian government agencies. These Information Privacy Principles have been superseded by the Personal Information and Protection Act 2004 which came into effect on 5 September 2005. It applies to the public and local government sectors and the University of Tasmania. The Act is administered by the Department of Justice and complaints may be made to the Tasmanian Ombudsman. General information on the Act is hosted on the Department of Premier and Cabinet web site.
Relevant Tasmanian laws include:
•Personal Information Protection Act 2004
•Freedom of Information Act 1991
•Archives Act 1983
•Annulled Convictions Act 2003 (spent convictions)
•Listening Devices Act 1991
•Telecommunications (Interception) Tasmania Act 1999
Victoria
The Victorian Information Privacy Act 2000 (VIP Act) came into effect on 1 September 2002. The VIP Act covers the handling of all personal information except health information in the public sector in Victoria. This Act adopts ten Information Privacy Principles which are similar to the NPPs set out in the federal Privacy Act. The Office of the Victorian Privacy Commissioner has more information.
The Victorian Health Records Act 2001 (Health Records Act) came into effect from 1 July 2002. This Act covers the handling of all personal information held by health service providers in the State public sector and also seeks to govern acts or practices in the Victorian private health sector. The Health Records Act contains a set of principles adapted from the National Privacy Principles. The Office of the Health Services Commissioner provides more information.
The Charter of Human Rights and Responsibilities Act 2006 commenced on 1 January 2007 and became fully operational on 1 January 2008. The Charter incorporates a general right to privacy for individuals in addition to other rights, and is administered by the Victorian Equal Opportunity and Human Rights Commission.
Relevant Victorian laws include:
•Information Privacy Act 2000
•Health Records Act 2000
•Charter of Human Rights and Responsibilities Act 2006
•Freedom of Information Act 1982
•Public Records Act 1973
•Surveillance Devices Act 1999
•Telecommunications (Interception) (State Provisions) Act 1988
Relevant Victorian case law:
•Jane Doe v Australian Broadcasting Corporation [2007] VCC 281 (3 April 2007)
Western Australia
The State public sector in Western Australia does not currently have a legislative privacy regime. Various confidentiality provisions cover government agencies and some of the privacy principles are provided for in the Freedom of Information Act 1992. On 28 March 2007 the Information Privacy Bill 2007 was introduced to the WA Parliament.
If enacted, it will establish a set of Information Privacy Principles and regulate the handling of personal information by the public sector and the handling of health information by the public and private sectors. It will also establish an Information and Privacy Commissioner (encompassing the current Information Commissioner) and provide for that Office to be amalgamated with the Office of the Western Australian Ombudsman.
Relevant Western Australian laws include:
•Freedom of Information Act 1992
•Health Services (Conciliation and Review) Act 1995
•State Records Act 2000
•Spent Convictions Act 1988
•Surveillance Devices Act 1998
•Telecommunications (Interception) Western Australia Act 1996
The eleven Information Privacy Principlesas extracted from Section 14 of the Privacy Act 1988 (Cth):
Principle 1 - Manner and purpose of collection of personal information
1. Personal information shall not be collected by a collector for inclusion in a record or in a generally available publication unless:
(a) the information is collected for a purpose that is a lawful purpose directly related to a function or activity of the collector; and
(b) the collection of the information is necessary for or directly related to that purpose.
2. Personal information shall not be collected by a collector by unlawful or unfair means.
Principle 2 - Solicitation of personal information from individual concerned
Where:
(a) a collector collects personal information for inclusion in a record or in a generally available publication; and
(b) the information is solicited by the collector from the individual concerned;
the collector shall take such steps (if any) as are, in the circumstances, reasonable to ensure that, before the information is collected or, if that is not practicable, as soon as practicable after the information is collected, the individual concerned is generally aware of:
(c) the purpose for which the information is being collected;
(d) if the collection of the information is authorised or required by or under law - the fact that the collection of the information is so authorised or required; and
(e) any person to whom, or any body or agency to which, it is the collector's usual practice to disclose personal information of the kind so collected, and (if known by the collector) any person to whom, or any body or agency to which, it is the usual practice of that first mentioned person, body or agency to pass on that information.
Principle 3 - Solicitation of personal information generally
Where:
(a) a collector collects personal information for inclusion in a record or in a generally available publication; and
(b) the information is solicited by the collector:
the collector shall take such steps (if any) as are, in the circumstances, reasonable to ensure that, having regard to the purpose for which the information is collected:
(c) the information collected is relevant to that purpose and is up to date and complete; and
(d) the collection of the information does not intrude to an unreasonable extent upon the personal affairs of the individual concerned.
Principle 4 - Storage and security of personal information
A record-keeper who has possession or control of a record that contains personal information shall ensure:
(a) that the record is protected, by such security safeguards as it is reasonable in the circumstances to take, against loss, against unauthorised access, use, modification or disclosure, and against other misuse; and
(b) that if it is necessary for the record to be given to a person in connection with the provision of a service to the record-keeper, everything reasonably within the power of the record-keeper is done to prevent unauthorised use or disclosure of information contained in the record.
Principle 5 - Information relating to records kept by record-keeper
1. A record-keeper who has possession or control of records that contain personal information shall, subject to clause 2 of this Principle, take such steps as are, in the circumstances, reasonable to enable any person to ascertain:
(a) whether the record-keeper has possession or control of any records that contain personal information; and
(b) if the record-keeper has possession or control of a record that contains such information:
(i) the nature of that information;
(ii) the main purposes for which that information is used; and
(iii) the steps that the person should take if the person wishes to obtain access to the record.
2. A record-keeper is not required under clause 1 of this Principle to give a person information if the record-keeper is required or authorised to refuse to give that information to the person under the applicable provisions of any law of the Commonwealth that provides for access by persons to documents.
3. A record-keeper shall maintain a record setting out:
(a) the nature of the records of personal information kept by or on behalf of the record-keeper;
(b) the purpose for which each type of record is kept;
(c) the classes of individuals about whom records are kept;
(d) the period for which each type of record is kept;
(e) the persons who are entitled to have access to personal information contained in the records and the conditions under which they are entitled to have that access; and
(f) the steps that should be taken by persons wishing to obtain access to that information.
4. A record-keeper shall:
(a) make the record maintained under clause 3 of this Principle available for inspection by members of the public; and
(b) give the Commissioner, in the month of June in each year, a copy of the record so maintained.
Principle 6 - Access to records containing personal information
Where a record-keeper has possession or control of a record that contains personal information, the individual concerned shall be entitled to have access to that record, except to the extent that the record-keeper is required or authorised to refuse to provide the individual with access to that record under the applicable provisions of any law of the Commonwealth that provides for access by persons to documents.
Principle 7 - Alteration of records containing personal information
1. A record-keeper who has possession or control of a record that contains personal information shall take such steps (if any), by way of making appropriate corrections, deletions and additions as are, in the circumstances, reasonable to ensure that the record:
(a) is accurate; and
(b) is, having regard to the purpose for which the information was collected or is to be used and to any purpose that is directly related to that purpose, relevant, up to date, complete and not misleading.
2. The obligation imposed on a record-keeper by clause 1 is subject to any applicable limitation in a law of the Commonwealth that provides a right to require the correction or amendment of documents.
3. Where:
(a) the record-keeper of a record containing personal information is not willing to amend that record, by making a correction, deletion or addition, in accordance with a request by the individual concerned; and
(b) no decision or recommendation to the effect that the record should be amended wholly or partly in accordance with that request has been made under the applicable provisions of a law of the Commonwealth;
the record-keeper shall, if so requested by the individual concerned, take such steps (if any) as are reasonable in the circumstances to attach to the record any statement provided by that individual of the correction, deletion or addition sought.
Principle 8 - Record-keeper to check accuracy etc of personal information before use
A record-keeper who has possession or control of a record that contains personal information shall not use that information without taking such steps (if any) as are, in the circumstances, reasonable to ensure that, having regard to the purpose for which the information is proposed to be used, the information is accurate, up to date and complete.
Principle 9 - Personal information to be used only for relevant purposes
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.
Principle 10 - Limits on use of personal information
1. A record-keeper who has possession or control of a record that contains personal information that was obtained for a particular purpose shall not use the information for any other purpose unless:
(a) the individual concerned has consented to use of the information for that other purpose;
(b) the record-keeper believes on reasonable grounds that use of the information for that other purpose is necessary to prevent or lessen a serious and imminent threat to the life or health of the individual concerned or another person;
(c) use of the information for that other purpose is required or authorised by or under law;
(d) use of the information for that other purpose is reasonably necessary for enforcement of the criminal law or of a law imposing a pecuniary penalty, or for the protection of the public revenue; or
(e) the purpose for which the information is used is directly related to the purpose for which the information was obtained.
2. Where personal information is used for enforcement of the criminal law or of a law imposing a pecuniary penalty, or for the protection of the public revenue, the record-keeper shall include in the record containing that information a note of that use.
Principle 11 - Limits on disclosure of personal information
1. A record-keeper who has possession or control of a record that contains personal information shall not disclose the information to a person, body or agency (other than the individual concerned) unless:
(a) the individual concerned is reasonably likely to have been aware, or made aware under Principle 2, that information of that kind is usually passed to that person, body or agency;
(b) the individual concerned has consented to the disclosure;
(c) the record-keeper believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of the individual concerned or of another person;
(d) the disclosure is required or authorised by or under law; 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.
2. Where personal information is disclosed for the purposes of enforcement of the criminal law or of a law imposing a pecuniary penalty, or for the purpose of the protection of the public revenue, the record-keeper shall include in the record containing that information a note of the disclosure.
3. A person, body or agency to whom personal information is disclosed under clause 1 of this Principle shall not use or disclose the information for a purpose other than the purpose for which the information was given to the person, body or agency.
If you need legal advice regarding Privacy Law, then please complete your free legal enquiry form on the left, and we will put you in touch with a Privacy Law lawyer nearest you, who can help you with Privacy Law.
Our free legal enquiry service for Privacy Law extends to all suburbs throughout Australia.
News, updates and further information - Privacy Law & Lawyers
On 1 November 2010 the Office of the Privacy Commissioner was integrated into the Office of the Australian Information Commissioner (OAIC).
The federal Privacy Act does not regulate state or territory agencies, except for the Australian Capital Territory (ACT). For information on privacy regulations in the states and territories please refer to the appropriate state or territory section below.
If you need legal help regarding privacy law, then please complete your free legal enquiry form on the left, or click here.
Australian Capital Territory
The federal Privacy Act in a slightly amended version applies to Australian Capital Territory government agencies and is administered by the Privacy Commissioner on behalf of the ACT government. The Health Records (Privacy and Access) Act 1997 (Health Records Act) covers health records held in the public sector in the ACT and also seeks to apply to acts or practices in the private sector not covered by the Privacy Act. The Health Records Act contains privacy principles based on the federal legislation but modified to suit the requirements of health records. The Human Rights Commission handles health record privacy complaints.
The ACT has also enacted the Human Rights Act 2004 which incorporates a right for an individual not to have their privacy, family, home or correspondence interfered with unlawfully or arbitrarily.
Relevant Australian Capital Territory laws include:
•Privacy Act (1988)
•Australian Capital Territory Government Service (Consequential Provisions) Act 1994
•Health Records (Privacy and Access) Act 1997
•Human Rights Act 2004
•Freedom of Information Act 1989
•Territory Records Act 2002 (public records)
•Human Rights Act 2004 (right to privacy)
•Spent Convictions Act 2000
•Listening Devices Act 1992
Northern Territory
The Information Commissioner for the Northern Territory is the independent authority responsible for overseeing the Freedom of Information (FOI) and privacy provisions of the Northern Territory Information Act 2002 (Information Act).
The Information Act which covers the protection of personal information, record keeping and archive management of information held in the public sector was passed in October 2002 and commenced 1 July 2003. The Information Act incorporates FOI, privacy principles and record and archive management.
Relevant Northern Territory laws include:
•Information Act 2002 (privacy, FOI and public records)
•Criminal Records (Spent Convictions) Act 1992
•Surveillance Devices Act 2007
•Telecommunications (Interception) Northern Territory Act 2001
New South Wales
The Privacy and Personal Information Protection Act 1998 (PPIP Act) deals with how all New South Wales public sector agencies manage personal information. It also sets out the role of the Office of the New South Wales Privacy Commissioner.
While the PPIP Act applies primarily to the New South Wale public sector, it gives the New South Wales Privacy Commissioner the power to investigate and conciliate privacy breaches by organisations and individuals who are not public sector agencies.
The Health Records and Information Privacy Act 2002 (HRIP Act) came into effect on 1 September 2004. It governs the handling of health information in the public sector, and it also seeks to regulate the handling of health information in the private sector in New South Wales. In December 2004 Privacy NSW developed four statutory guidelines under the HRIP Act. These guidelines are legally binding documents that define the scope of particular exemptions in the health privacy principles.
Relevant New South Wales laws include:
•Privacy and Personal Information Protection Act 1998
•Health Records and Information Privacy Act 2002
•Freedom of Information Act 1989
•State Records Act 1998
•Criminal Records Act 1991 (Spent Convictions)
•Listening Devices Act 1984
•Workplace Surveillance Act 2005
•Telecommunications (Interception and Access) (New South Wales) Act 1987
•Access to Neighbouring Land Act 2000, esp. s.16 and s.26.
•Crimes (Forensic Procedures) Act 2000
If you need legal help regarding privacy law, then please complete your free legal enquiry form on the left, or click here.
Queensland
The Information Privacy Act 2009 regulates the handling of personal information by Queensland government agencies. It contains 11 Information Privacy Principles which set out the way that all Queensland government agencies except Queensland Health are to handle personal information. It also contains nine National Privacy Principles which set out the way that Queensland Health is to handle personal information. Note that some provisions of this legislation are yet to commence. For further information, see the Queensland Office of the Information Commissioner’s website.
Before the commencement of the Information Privacy Act 2009, a privacy scheme applied to Queensland government agencies and most statutory government-owned corporations. The regime, based on the federal Information Privacy Principles, included Information Standards and Privacy Guidelines. To ensure a nationally consistent approach between the Queensland public health sector and private health sectors, the scheme required Queensland Health to comply with principles which were the same as the 10 federal NPPs.
The Queensland Health Quality and Complaints Commission provides an enquiry service and a health complaint system, including privacy-related complaints involving the State public health sector.
Other relevant Queensland laws include:
•Right to Information Act 2009
•Public Records Act 2002
•Criminal Law (Rehabilitation of Offenders) Act 1986 (spent convictions)
•Invasion of Privacy Act 1971 (listening devices, invasion of privacy of the home)
•Whistleblowers Protection Act 1994
•Police Powers and Responsibilities Act 2000 (Chapter 4 deals with covert evidence-gathering powers)
•Private Employment Agents (Code of Conduct) Regulation 2005 (provisions 14 and 15 deal with work seekers' information and the need to ensure it is not disclosed or improperly used).
Relevant Queensland case law
•Grosse v Purvis [2003] QDC 151 (16 June 2003).
South Australia
South Australia has issued an administrative instruction requiring its government agencies to generally comply with a set of Information Privacy Principles and has established a privacy committee.
South Australia also has a Code of Fair Information Practice based on the National Privacy Principles. This Code applies to the South Australian Department of Health and its funded service providers and to others with access to the Department’s personal information.
Relevant South Australian laws include:
•Freedom of Information Act 1991
•State Records Act 1997
•Listening and Surveillance Devices Act 1972
•Telecommunications (Interception) Act 1988
Tasmania
In 1997 Tasmania issued Information Privacy Principles based on the federal Privacy Act and recommended the principles to Tasmanian government agencies. These Information Privacy Principles have been superseded by the Personal Information and Protection Act 2004 which came into effect on 5 September 2005. It applies to the public and local government sectors and the University of Tasmania. The Act is administered by the Department of Justice and complaints may be made to the Tasmanian Ombudsman. General information on the Act is hosted on the Department of Premier and Cabinet web site.
Relevant Tasmanian laws include:
•Personal Information Protection Act 2004
•Freedom of Information Act 1991
•Archives Act 1983
•Annulled Convictions Act 2003 (spent convictions)
•Listening Devices Act 1991
•Telecommunications (Interception) Tasmania Act 1999
Victoria
The Victorian Information Privacy Act 2000 (VIP Act) came into effect on 1 September 2002. The VIP Act covers the handling of all personal information except health information in the public sector in Victoria. This Act adopts ten Information Privacy Principles which are similar to the NPPs set out in the federal Privacy Act. The Office of the Victorian Privacy Commissioner has more information.
The Victorian Health Records Act 2001 (Health Records Act) came into effect from 1 July 2002. This Act covers the handling of all personal information held by health service providers in the State public sector and also seeks to govern acts or practices in the Victorian private health sector. The Health Records Act contains a set of principles adapted from the National Privacy Principles. The Office of the Health Services Commissioner provides more information.
The Charter of Human Rights and Responsibilities Act 2006 commenced on 1 January 2007 and became fully operational on 1 January 2008. The Charter incorporates a general right to privacy for individuals in addition to other rights, and is administered by the Victorian Equal Opportunity and Human Rights Commission.
Relevant Victorian laws include:
•Information Privacy Act 2000
•Health Records Act 2000
•Charter of Human Rights and Responsibilities Act 2006
•Freedom of Information Act 1982
•Public Records Act 1973
•Surveillance Devices Act 1999
•Telecommunications (Interception) (State Provisions) Act 1988
Relevant Victorian case law:
•Jane Doe v Australian Broadcasting Corporation [2007] VCC 281 (3 April 2007)
Western Australia
The State public sector in Western Australia does not currently have a legislative privacy regime. Various confidentiality provisions cover government agencies and some of the privacy principles are provided for in the Freedom of Information Act 1992. On 28 March 2007 the Information Privacy Bill 2007 was introduced to the WA Parliament.
If enacted, it will establish a set of Information Privacy Principles and regulate the handling of personal information by the public sector and the handling of health information by the public and private sectors. It will also establish an Information and Privacy Commissioner (encompassing the current Information Commissioner) and provide for that Office to be amalgamated with the Office of the Western Australian Ombudsman.
Relevant Western Australian laws include:
•Freedom of Information Act 1992
•Health Services (Conciliation and Review) Act 1995
•State Records Act 2000
•Spent Convictions Act 1988
•Surveillance Devices Act 1998
•Telecommunications (Interception) Western Australia Act 1996
The eleven Information Privacy Principlesas extracted from Section 14 of the Privacy Act 1988 (Cth):
Principle 1 - Manner and purpose of collection of personal information
1. Personal information shall not be collected by a collector for inclusion in a record or in a generally available publication unless:
(a) the information is collected for a purpose that is a lawful purpose directly related to a function or activity of the collector; and
(b) the collection of the information is necessary for or directly related to that purpose.
2. Personal information shall not be collected by a collector by unlawful or unfair means.
Principle 2 - Solicitation of personal information from individual concerned
Where:
(a) a collector collects personal information for inclusion in a record or in a generally available publication; and
(b) the information is solicited by the collector from the individual concerned;
the collector shall take such steps (if any) as are, in the circumstances, reasonable to ensure that, before the information is collected or, if that is not practicable, as soon as practicable after the information is collected, the individual concerned is generally aware of:
(c) the purpose for which the information is being collected;
(d) if the collection of the information is authorised or required by or under law - the fact that the collection of the information is so authorised or required; and
(e) any person to whom, or any body or agency to which, it is the collector's usual practice to disclose personal information of the kind so collected, and (if known by the collector) any person to whom, or any body or agency to which, it is the usual practice of that first mentioned person, body or agency to pass on that information.
Principle 3 - Solicitation of personal information generally
Where:
(a) a collector collects personal information for inclusion in a record or in a generally available publication; and
(b) the information is solicited by the collector:
the collector shall take such steps (if any) as are, in the circumstances, reasonable to ensure that, having regard to the purpose for which the information is collected:
(c) the information collected is relevant to that purpose and is up to date and complete; and
(d) the collection of the information does not intrude to an unreasonable extent upon the personal affairs of the individual concerned.
Principle 4 - Storage and security of personal information
A record-keeper who has possession or control of a record that contains personal information shall ensure:
(a) that the record is protected, by such security safeguards as it is reasonable in the circumstances to take, against loss, against unauthorised access, use, modification or disclosure, and against other misuse; and
(b) that if it is necessary for the record to be given to a person in connection with the provision of a service to the record-keeper, everything reasonably within the power of the record-keeper is done to prevent unauthorised use or disclosure of information contained in the record.
Principle 5 - Information relating to records kept by record-keeper
1. A record-keeper who has possession or control of records that contain personal information shall, subject to clause 2 of this Principle, take such steps as are, in the circumstances, reasonable to enable any person to ascertain:
(a) whether the record-keeper has possession or control of any records that contain personal information; and
(b) if the record-keeper has possession or control of a record that contains such information:
(i) the nature of that information;
(ii) the main purposes for which that information is used; and
(iii) the steps that the person should take if the person wishes to obtain access to the record.
2. A record-keeper is not required under clause 1 of this Principle to give a person information if the record-keeper is required or authorised to refuse to give that information to the person under the applicable provisions of any law of the Commonwealth that provides for access by persons to documents.
3. A record-keeper shall maintain a record setting out:
(a) the nature of the records of personal information kept by or on behalf of the record-keeper;
(b) the purpose for which each type of record is kept;
(c) the classes of individuals about whom records are kept;
(d) the period for which each type of record is kept;
(e) the persons who are entitled to have access to personal information contained in the records and the conditions under which they are entitled to have that access; and
(f) the steps that should be taken by persons wishing to obtain access to that information.
4. A record-keeper shall:
(a) make the record maintained under clause 3 of this Principle available for inspection by members of the public; and
(b) give the Commissioner, in the month of June in each year, a copy of the record so maintained.
Principle 6 - Access to records containing personal information
Where a record-keeper has possession or control of a record that contains personal information, the individual concerned shall be entitled to have access to that record, except to the extent that the record-keeper is required or authorised to refuse to provide the individual with access to that record under the applicable provisions of any law of the Commonwealth that provides for access by persons to documents.
Principle 7 - Alteration of records containing personal information
1. A record-keeper who has possession or control of a record that contains personal information shall take such steps (if any), by way of making appropriate corrections, deletions and additions as are, in the circumstances, reasonable to ensure that the record:
(a) is accurate; and
(b) is, having regard to the purpose for which the information was collected or is to be used and to any purpose that is directly related to that purpose, relevant, up to date, complete and not misleading.
2. The obligation imposed on a record-keeper by clause 1 is subject to any applicable limitation in a law of the Commonwealth that provides a right to require the correction or amendment of documents.
3. Where:
(a) the record-keeper of a record containing personal information is not willing to amend that record, by making a correction, deletion or addition, in accordance with a request by the individual concerned; and
(b) no decision or recommendation to the effect that the record should be amended wholly or partly in accordance with that request has been made under the applicable provisions of a law of the Commonwealth;
the record-keeper shall, if so requested by the individual concerned, take such steps (if any) as are reasonable in the circumstances to attach to the record any statement provided by that individual of the correction, deletion or addition sought.
Principle 8 - Record-keeper to check accuracy etc of personal information before use
A record-keeper who has possession or control of a record that contains personal information shall not use that information without taking such steps (if any) as are, in the circumstances, reasonable to ensure that, having regard to the purpose for which the information is proposed to be used, the information is accurate, up to date and complete.
Principle 9 - Personal information to be used only for relevant purposes
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.
Principle 10 - Limits on use of personal information
1. A record-keeper who has possession or control of a record that contains personal information that was obtained for a particular purpose shall not use the information for any other purpose unless:
(a) the individual concerned has consented to use of the information for that other purpose;
(b) the record-keeper believes on reasonable grounds that use of the information for that other purpose is necessary to prevent or lessen a serious and imminent threat to the life or health of the individual concerned or another person;
(c) use of the information for that other purpose is required or authorised by or under law;
(d) use of the information for that other purpose is reasonably necessary for enforcement of the criminal law or of a law imposing a pecuniary penalty, or for the protection of the public revenue; or
(e) the purpose for which the information is used is directly related to the purpose for which the information was obtained.
2. Where personal information is used for enforcement of the criminal law or of a law imposing a pecuniary penalty, or for the protection of the public revenue, the record-keeper shall include in the record containing that information a note of that use.
Principle 11 - Limits on disclosure of personal information
1. A record-keeper who has possession or control of a record that contains personal information shall not disclose the information to a person, body or agency (other than the individual concerned) unless:
(a) the individual concerned is reasonably likely to have been aware, or made aware under Principle 2, that information of that kind is usually passed to that person, body or agency;
(b) the individual concerned has consented to the disclosure;
(c) the record-keeper believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of the individual concerned or of another person;
(d) the disclosure is required or authorised by or under law; 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.
2. Where personal information is disclosed for the purposes of enforcement of the criminal law or of a law imposing a pecuniary penalty, or for the purpose of the protection of the public revenue, the record-keeper shall include in the record containing that information a note of the disclosure.
3. A person, body or agency to whom personal information is disclosed under clause 1 of this Principle shall not use or disclose the information for a purpose other than the purpose for which the information was given to the person, body or agency.
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Time
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Program details
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8.45 - 9.15
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Registration/Coffee
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Session 1: Australian privacy law reform
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Chair: Dr Normann Witzleb, Monash ..
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Graham Greenleaf | UNSW LAW
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State and Territory privacy laws
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Queensland - Australian Privacy Commissioner
Australian Government - Office of the Privacy Commissioner. Protecting Information Rights – Advancing Information Policy. Skip to content ..
The Social Agenda: Law Enforcement and Privacy
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The Office assists agencies, organisations and individuals to understand their rights and obligations under the Privacy Act by releasing a wide ..
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Criminal records - Australian Privacy Commissioner
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Tasmania - Australian Privacy Commissioner
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Health Records and Information Privacy Act 2002. The HRIP Act has commenced on 1 September 2004. Brief introduction to the HRIP Act ..
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NPPs - Plain English Summary - Australian Privacy Commissioner
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Determinations - Australian Privacy Commissioner
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Australian Government - Office of the Privacy Commissioner. Protecting Information Rights – Advancing Information Policy. Skip to content ..
Privacy Law Reform - Consistency, Simplicity, Clarity
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The Privacy Commissioner has powers under the Privacy Act 1988 to audit Australian and ACT government agencies and in some cases ..
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For Your Information: Australian Privacy Law and Practice (ALRC ..
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Australian Law Reform Commission's Review of Secrecy Laws ..
February 2009 Key recommendations 1. The Office of the Privacy Commissioner (the Office) welcomes the opportunity to provide a submission ..
Privacy codes and opt-ins
Australian Government - Office of the Privacy Commissioner. Protecting Information Rights – Advancing Information Policy. Skip to content ..
New South Wales - Australian Privacy Commissioner
Australian Government - Office of the Privacy Commissioner. Protecting Information Rights – Advancing Information Policy. Skip to content ..
Privacy, Health Information and Employee Records: Implications of ..
Implications of New Commonwealth Privacy Laws'. A staff paper by .. extend the coverage of the Privacy Act 1988 to most organisations in the. Australian ..
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Australian Government - Office of the Privacy Commissioner. Protecting Information Rights – Advancing Information Policy. Skip to content ..
Health and medical research - Australian Privacy Commissioner
Australian Government - Office of the Privacy Commissioner. Protecting Information Rights – Advancing Information Policy. Skip to content ..
Federal Health Privacy Law and options for Reform
Speech by Nari Sahukar, Deputy Director (A/g), Policy, to the Medico Legal Congress 2008, Sydney, 27 February 2008.
Privacy Reforms
The ALRC report recommends 295 changes to improve Australia's privacy framework (with further information available at the Australian Law ..
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Australian Government - Office of the Privacy Commissioner. Protecting Information Rights – Advancing Information Policy. Skip to content ..
Privacy Laws and Business Roundtable
Karen Curtis. Privacy Commissioner of Australia. Privacy Laws and Business Roundtable. 13 September 2005. Suisse-Majestic Hotel, Montreux, Switzerland ..
Northern Territory - Australian Privacy Commissioner
Australian Government - Office of the Privacy Commissioner. Protecting Information Rights – Advancing Information Policy. Skip to content ..
Australian Health Privacy Law - Options for Reform
Speech by Andrew Solomon, Director, Policy, to Health Privacy Futures 2008 Conference, Brisbane, 10 November 2008.
Health service providers - Australian Privacy Commissioner
Australian Government - Office of the Privacy Commissioner. Protecting Information Rights – Advancing Information Policy. Skip to content ..
Are there rules about recording or monitoring my telephone ..
Australian Government - Office of the Privacy Commissioner. Protecting Information Rights – Advancing Information Policy. Skip to content ..
A Snapshot of the Privacy Act for Small Business
The Federal Privacy Act 1988 sets rules for businesses handling personal information. .. unincorporated associations, need to comply with the Privacy Act.
Federal Health Privacy Law and options for Reform
I refer in particular to the inquiry into privacy law that the Australian Law .. The Privacy Act initially covered the handling of personal information by. Australian ..
Business - Australian Privacy Commissioner
Australian Government - Office of the Privacy Commissioner. Protecting Information Rights – Advancing Information Policy. Skip to content ..
Case notes - Australian Privacy Commissioner
Australian Government - Office of the Privacy Commissioner. Protecting Information Rights – Advancing Information Policy. Skip to content ..
Photos and surveillance - Australian Privacy Commissioner
Australian Government - Office of the Privacy Commissioner. Protecting Information Rights – Advancing Information Policy. Skip to content ..
News & Media | ALRC - Australian Law Reform Commission
All, Aboriginal Customary Laws, Age barriers, Aged care legislation for the .. Privacy (1976-83), Privacy (2006-08), Proceeds of Crime Act 1987 ..
Privacy Law in Evolution: Across the Pacific
Unlike Mark Antony, Australian privacy law, by design, attempts to be .. Today I propose to talk to you about the evolution of privacy law in Australia by: ..
Privacy law and practice | ALRC
This 28 month inquiry looked at the extent to which the Privacy Act 1988 (Cth) and related laws continue to provide an effective framework for ..
Media Release: Privacy law doesn't risk lives
"A recent media article stating that 'Privacy laws risk lives' is inaccurate. Under the Privacy Act if a genetic test is conducted on an individual, ..
Other legislation - Australian Privacy Commissioner
Australian Government - Office of the Privacy Commissioner. Protecting Information Rights – Advancing Information Policy. Skip to content ..
Information Sheet (Private Sector) 7 - 2001 - Australian Privacy ..
The Privacy Act 1988 (Cth) (the Privacy Act) seeks to balance the privacy of individuals with the public interest in law enforcement and the ..
Information Privacy Act 2009
Information Privacy Act 2009. Page 2. 2009 Act No. 14. 22. Meaning of processing period and transfer period for ch 3 . . . . . 19. 23. What it means to disclose ..
Privacy - Department of Immigration & Citizenship
The Privacy Act 1988 defines personal information as 'information or an opinion (including information or an opinion forming part of a database), whether true or ..
Small business - Australian Privacy Commissioner
Australian Government - Office of the Privacy Commissioner. Protecting Information Rights – Advancing Information Policy. Skip to content ..
Privacy - Law Reform Commission : Lawlink NSW
The desirability of a consistent legislative approach to privacy in the Privacy and Personal Information Protection Act 1998, the Health Records ..
Medicare and pharmaceutical benefits - Guidelines Review
Australian Government - Office of the Privacy Commissioner. Protecting Information Rights – Advancing Information Policy. Skip to content ..
Guidelines on Workplace E-mail, Web Browsing and Privacy
Australian Government - Office of the Privacy Commissioner. Protecting Information Rights – Advancing Information Policy. Skip to content ..
Inquiries | ALRC - Australian Law Reform Commission
Family violence and Commonwealth laws .. employment law, social security law, superannuation law and privacy provisions in relation to those experiencing ..
Privacy and Personal Information Protection Act 1998 - Privacy NSW ..
The Privacy and Personal Information Protection Act 1998 (or PPIP Act) deals with how all NSW public sector agencies manage personal ..
Media Release: Reform of NSW privacy laws needed to promote ..
27 October 2008 The Australian Privacy Commissioner, Karen Curtis, has welcomed the NSW Law Reform Commissions (NSWLRC) proposal ..
Exposure draft of the Health Practitioner Regulation National Law ..
basis of the privacy protections in the law which will be applied by each participating .. businesses. The Office also has responsibilities under the Privacy Act in ..
Submission to the Australian Law Reform Commission's Review of ..
Australian Government - Office of the Privacy Commissioner. Protecting Information Rights – Advancing Information Policy. Skip to content ..
How does the Privacy Act apply to commercial electronic messages ..
The Privacy Act only applies to some commercial electronic messages. .. whether the sender is covered by the Privacy Act; whether personal ..
Privacy and law Reform
Now I hope none of you think that Australian privacy law is as great a tragedy as .. believe it would be a great tragedy, if we were in this era of privacy law reform ..
Personal Property Securities Register - Australian Privacy ..
Australian Government - Office of the Privacy Commissioner. Protecting Information Rights – Advancing Information Policy. Skip to content ..
Media Release: Amend Privacy Act to address security breaches ..
8 March 2007 While noting that the Privacy Act has generally worked well, the Privacy Commissioner, Karen Curtis, has recommended to the ..
Privacy Act: Implications for DOCEP
Robin McKenzie. Senior Policy Adviser. Office of the Federal Privacy. Commissioner. Privacy Act: implications for. DOCEP. 22 August 2002 ..
Information Sheet (Private Sector) 12 - 2001 Coverage of and ..
This information sheet aims to help organisations work out if the private sector provisions in the Privacy Act 1988 (Cth) (the Privacy Act) apply to ..
Information Sheet (Private Sector) 26 - 2008: Interaction between the ..
The Privacy Act may also regulate such activity where it involves the use of 'personal information' by private sector organisations that fall within ..
Enforcement of the Federal Privacy Act--What you can expect from ..
What you can expect from the Federal. Privacy Commissioner. Brant Pridmore, Director, Compliance. Privacy Law Conference, May 2001 ..
What organisations are covered by the Privacy Act?
Australian Government - Office of the Privacy Commissioner. Protecting Information Rights – Advancing Information Policy. Skip to content ..
History - Australian Privacy Commissioner
Background to the Privacy Act 1988 (Cth); Passage of the Privacy Bill .. The Privacy Act was passed by federal Parliament at the end of 1988.
Legal Professional Privilege and .. - Australian Privacy Commissioner
statutory body whose purpose is to promote and protect privacy in Australia. The Office, established under the Privacy Act 1988 (Cth) (the Privacy Act), ..
Queensland Law Reform Commission Guardianship Review Stage ..
Section 6 of the Privacy Act defines personal information as meaning .. Sensitive information is defined in the Privacy Act as information or opinion, that is also ..
Internet Resource Guide:Civil and Human Rights Law Resources
Jump to : Very detailed and current information on privacy law. Includes a chronology of privacy legislation; Attorney-General's Department Privacy ..
Law enforcement and national security - Australian Privacy ..
7 August 2002 "A recent media article stating that Privacy laws risk lives .. Criminal Law Branch Attorney-Generals Department Robert Garran ..
Complaints - Australian Privacy Commissioner
Australian Government - Office of the Privacy Commissioner. Protecting Information Rights – Advancing Information Policy. Skip to content ..
Review of the law on Personal Property Securities, Discussion ..
.. to the Attorney-Generals Department February 2007 Office of the Privacy .. Protecting Information Rights – Advancing Information Policy ..
Legislation, Policy and Criminal Law Review - Legislation, Policy ..
Welcome to the website of the Legislation, Policy and Criminal Law Review Division of the Department of Attorney General and Justice.
Pages - Australian Government Attorney-General's Department
Australian Government Attorney-General's Department. Attorney Generals Department .. Trade law. International Trade law ..
Links - Australian Privacy Commissioner
Australian state and territory privacy laws .. Queensland: Department of Justice and Attorney-General; South Australia: Privacy Committee ..
Review of Australia's Mutual Assistance Law and Practice ..
Submission to the Attorney-Generals Department October 2006 Summary Office of the Privacy Commissioner Background and Discussion ..
Powers of Attorney | Public Trustee - ACT
A Power of Attorney is a legal document that gives a trusted person, the legal .. We exercise tact, empathy, discretion and respect the rights and privacy of our ..
Privacy Reforms
The Privacy and Freedom of Information Policy Branch within the .. to the Attorney-General's Department as the Information Law and Policy ..
AGS - Australian Government Solicitor - Spotlight
AGS has a team of lawyers specialising in privacy and FOI law. For further information on these issues, please contact Avinesh (T 02 6253 ..
Speeches by The Hon Michael Kirby - High Court of Australia
Of 'Sham' and Other Lessons for Australian Revenue Law, Melbourne University ... New Zealand, 28 March 2003, 25 Years of Evolving Information Privacy Law ..
Problems with the Privacy Act - Australian Law Reform Commission
other third party assistants, including lawyers, financial counsellors and social .. Current privacy laws are so heavily weighted against information flow that it is ..
Professional Development Program - Administrative Law for Non ..
Home >> Circulars >> Historical Circulars >> Professional Development Program - Administrative Law for Non-Lawyers and the Privacy Act (1988) - What You ..
Strategic Policy, Legal and Executive Services - Department of ..
receiving and dealing with complaints about the conduct of lawyers and law practice employees; commencing investigations on our own ..
Power of attorney (Victoria Online)
Provides information about the different types of Powers of Attorney that exist and your rights and responsibilities when appointing someone to act on your behalf ..
Law reform - Australian Privacy Commissioner
31 January 2006 Privacy Commissioner, Karen Curtis, has welcomed the Attorney Generals announcement that the Australian Law Reform ..
Civil rights
You Are Here; Home -; Topics -; Law and justice -; Civil rights .. The privacy.gov.au site will be maintained until a site incorporating all OAIC material is ..
Unauthorised Photographs on the Internet And Ancillary Privacy ..
Standing Committee of Attorneys-General or any individual Attorney-. General. ... intersecting areas of the law, i.e. criminal laws; privacy laws; Internet ..
find LEGAL answers - Human Rights - Privacy
Jump to : Title: Federal privacy handbook: a guide to federal privacy law and practice. About: Information Privacy Principles, public ..
Consultation Paper 1 (2007) - Invasion of privacy - Law Reform ..
[i]n the law of privacy …, the contrast between Europe and the United .. German lawyers, responding to the need to bring the law of delict into ..
State Records Commissioners | SRO
Sven also practised law in the private sector in Melbourne and Perth, where he .. as one of the leading lawyers in the areas of information and privacy law in the ..
LEGAL PRACTICE BOARD
Purpose. This policy outlines the privacy obligations and requirements of the Legal .. check whether lawyers, foreign lawyers or law practices with whom they ..
Process of reform | ALRC - Australian Law Reform Commission
In this Inquiry, the Advisory Committee includes current and former Privacy .. and practising lawyers with expertise in privacy, health law and e-commerce; and ..
Australian Governmnet Solicitor Legal Briefing 2002 - Outsourcing
AGS – THE LEADING LAWYERS TO GOVERNMENT – INFORMATION FOR CLIENTS. Outsourcing: Agency Obligations under the Privacy Act. The Privacy ..
Publications & Links - Privacy NSW : Lawlink NSW
Privacy – Update on State and Federal Privacy Laws Presentation by Deputy Privacy Commissioner to Government Lawyers CLE Convention, ..
Archive - Privacy NSW : Lawlink NSW
Privacy – Update on State and Federal Privacy Laws Presentation by Deputy Privacy Commissioner to Government Lawyers CLE Convention, ..
Privacy Policy | Victorian Government Solicitor's Office | VGSO
The office provides strategic advice and practical legal solutions across diverse areas of law. The VGSO is committed to protecting the privacy and confidentiality ..
ALRC in the media - 2011 - Australian Law Reform Commission
Open & Shut - 13 September 2011; Far from sinister, privacy laws might .. on journey to protect privacy | Lawyers Weekly - 7 September 2011 ..
Commercial and public law - Department of Justice and Attorney..
Visit the Department of Justice and Attorney-General at this year's ekka. .. Crown Law provided advice about information privacy issues for the ..
Watching over Civil Justice | Victorian Law Reform Commission
He said the government will work towards national workplace privacy law reform through the Standing Committee of Attorneys General but would take its own ..
State Solicitor's Office
Widely recognised as a leading law office, the State Solicitor's Office is also the longest standing legal office in Perth having been established ..
Scrutinising Privacy - ALRC Discussion Paper - Australian Law ..
On 30 January 2006 the then federal Attorney-General, Philip Ruddock, referred a review of the Privacy Act 1988 (Cth) to the Australian Law ..
Senior Lawyer, (PO5)
The Senior Lawyer reports to the Director, Legal and Administrative Law Branch, .. commercial, corporate, trade practices law, litigation privacy and information ..
Taking photographs and other images - Australian Law Reform ..
Some considered that privacy laws are an appropriate method for regulating this .. Standing Committee of Attorneys-General, Unauthorised Photographs on the ..
Client focused solutions - Department of Justice and Attorney-General
Crown Law acted for the Attorney-General and instructed counsel to .. Privacy; QCAT – The new 'super' tribunal; Granting rights to access and ..
The state of play in administrative law
Australian Government Solicitor the leading lawyers to government. Australian .. privacy law, but records management, secrecy and technology reform. FOI ..
Katie Miller | Victorian Government Solicitor's Office | VGSO
Freedom of Information & Privacy; Government & Public Law. Katie completed her articles at the Australian Government Solicitor in 2004 and over the next six ..
Carolyn Doyle | Victorian Government Solicitor's Office | VGSO
Victorian Government Solicitor's Office | VGSO .. Managing Principal Solicitor .. areas of expertise include commercial law and procurement, IP and privacy.
Privacy Codes of Practice - Privacy NSW : Lawlink NSW
Lawlink > privacynsw > NSW Privacy Laws > Privacy Codes of .. Codes must be approved by the Attorney General and published in the ..
Compliance burden and cost - Australian Law Reform Commission
At the April 2006 meeting of the Standing Committee of Attorneys-General, Attorneys-General .. Do privacy laws cause an unjustified compliance burden?
Accessing departmental information - Department of Justice and ..
Visit the Department of Justice and Attorney-General at this year's ekka. .. Crown Law 2009-10 Annual Report .. The Information Privacy Act 2009 regulates how Queensland Government agencies manage personal ..
Privacy - Access to Justice
The Attorney-General's Department is subject to the Privacy Act 1988 which .. except in the unlikely event of an investigation by a law enforcement agency.
Right to information and privacy applications received - Department ..
Search Justice and Attorney-General .. Crown Law 2009-10 Annual Report .. Data snapshots of Right to Information and Information Privacy ..
ALCC | Australian Libraries Copyright Committee
The Attorney-General's Department has just released its guidelines on the kinds of .. (ALRC) has released a discussion paper reviewing Australian privacy law.
Neighbourhood Disputes Resolution Act 2011 - Department of ..
Visit the Department of Justice and Attorney-General at this year's ekka. .. and legal advice should be sought if you are in doubt about your legal rights.
Law in Queensland - Department of Justice and Attorney-General
.. Access and amendment under the Information Privacy Act (IP Act) · Types of .. Laws. Laws are made to provide people with a set of guidelines by which to .. and Attorney-General department implements all the state's laws.
DIANNE HADDEN, LAWYER
person's privacy rights, human rights and the right to a confidential doctor- patient relationship and the right to a confidential lawyer-client ..
About Crown Law - Department of Justice and Attorney-General
.. Access and amendment under the Information Privacy Act (IP Act) .. The Crown Solicitor is Crown Law's most senior officer, handling the ..
Queensland's district law associations - Department of Justice and ..
Bundaberg Law Association. Contact Ms Sharon Ferguson. Organisation Highland Ferguson Lawyers. Phone +61 7 4153 3100. Fax ..
Less Adversarial Trials - Family Law Courts Homepage
The judge, rather than the parties or their lawyers, decides what information is put .. The Family Law Courts respect your right to privacy and the security of your ..
Service Commitments - Family Law Courts Homepage
Respect your privacy (unless there are legal requirements to disclose information). Deliver services for parties and lawyers in a safe and secure environment.
Commonwealth Courts Portal
Privacy
and security .. The CCP is a central system that enables a lawyer to log on using a single user ID and password .. Accredited Family Law Specialist" ..
Law Society Regional Offices - Department of Justice and Attorney..
.. Access and amendment under the Information Privacy Act (IP Act) · Types of personal information .. Downs and South-West Law Association ..
Report 02.06 Controlled disclosure of criminal .. - Privacy Victoria
Report to the Attorney-General pursuant to section 63(3) of the Information .. Privacy laws alone cannot deliver the balance in the field of criminal record data 13 ..
Publication scheme - Department of Justice and Attorney-General
Some we are required to hold by law and others relate to the function of the agency or the laws that we administer. Although privacy and ..
The Family Law Courts and your privacy
Family Law Courts logo links to the homepage .. in your case, or to any other person who has sufficient interest in the information, such as a lawyer or the police.
Seminar - Privacy Law in Queensland: A New Beginning | Office of ..
Seminar - Privacy Law in Queensland: A New Beginning. Places are still available for the .. Mr Patrick Sefton, Principal, Brightline Lawyers. Mr Peter Bickford ..
Job opportunities - Department of Justice and Attorney-General
Introduction: a new state · 1860s: the birth of Queensland law · 1870s: .. Access and amendment under the Information Privacy Act (IP Act) ..
FAMILY LAW COUNCIL Improving responses to family violence in ..
the booklet "Best Practice Guidelines for Lawyers Doing Family Law Work" to ... the legislation imposed by the Privacy Act and legislative provisions around ..
Home | Victorian Government Solicitor's Office | VGSO
Antonio Mazzone, Managing Principal Solicitor, Litigation & Dispute Resolution .. In the VGSO's final podcast for 2011, we feature the North Melbourne Legal ..
Types of personal information the department holds - Department of ..
Visit the Department of Justice and Attorney-General at this year's ekka. .. The Information Privacy Act 2009 regulates how Queensland Government .. responsibilities under the IP Act is contained in "Your Privacy Rights".
Legal Services Board of Victoria
Running a law practice .. practitioners. To make a complaint about a lawyer please visit the Legal Services Commissioner website. disclaimer · website privacy.
Government Lawyers' Conference, Law Institute Victoria
Government Lawyers' Conference, Law Institute Victoria .. privacy and reputation; freedom of thought, conscience, religion and belief; freedom ..
VCAT Appoints Senior VGSO Lawyers | Victorian Government ..
Jonathan leads the Government & Public law team at the Victorian Government Solicitor's Office (VGSO) and has over 20 years' experience, ..
Government Response - Attorney-General's Department
- Just as importantly, harmonisation of law relating to succession, powers of .. expertise of representatives from the legal profession, government lawyers and academics. ... The Government supports greater consistency of information privacy ..
What we offer - Areas of law - Privacy and freedom of information
AGS - Australian Government Solicitor .. Seminars and law forums, Menu Plus .. See Express law 'AAT awards compensation for breach of privacy' 3 December ..
Community Legal Services - Department of Justice and Attorney..
.. Making an application · Access and amendment under the Information Privacy Act (IP Act) · Types of personal .. Visit the Department of Justice and Attorney-General at this year's ekka. .. Crown Law 2009-10 Annual Report ..
About us - Department of Justice and Attorney-General
Visit the Department of Justice and Attorney-General at this year's ekka. Forms and publications .. Crown Law 2009-10 Annual Report .. Privacy and security ..
National Legal Profession Reform - Attorney-General's Department
The Attorney-General is pleased to release the draft legislation below .. Since the National Law was last released by COAG in December .. COAG National Legal Profession Reform consultation package · Privacy Statement ..
How to confuse a lawyer - Department of Justice and Attorney-General
.. Making an application · Access and amendment under the Information Privacy Act (IP Act) .. Crown Law 2009-10 Annual Report .. The lawyer for one of the parties had to come from Brisbane and the hearing was delayed ..
What we offer - Training courses - Australian Government Solicitor
AGS provides a comprehensive program of legal training for both lawyers and .. of government including administrative law, FOI, privacy, contract management, ..
Penina Berkovic | Victorian Government Solicitor's Office | VGSO
Penina works as a Principal Solicitor within the Workplace Relations and .. under the Information Privacy Act 2000, delegations, and on statutory interpretation. .. Law Institute of Victoria; Environment Defenders Office of Victoria; Lawyers for ..
Family Court of Australia - Complaints and feedback (Family Law ..
This summarises the complaint and feedback procedure for the Family Law Courts. .. the appropriate legislation, including the Family Law Act 1975 and the Privacy Act .. The Court does not handle complaints about lawyers, including lawyers ..
Western Australia Department of the Attorney General
Law
Compass Home Page " type="text/css"/> " alt="Department of the Attorney General" border="0" align="middle"/> " alt="Go To" border="0" .. Feedback | Copyright & Disclaimer | Privacy Statement | Conditions of Use | Login | Glossary.
Australian Law Reform Commission | ALRC
The treatment of family violence in Commonwealth laws, including child support, immigration, employment, social security, superannuation, privacy .. the Attorney General confirmed his intention to provide the ALRC with a ..
Our lists - Department of Justice and Attorney-General
Visit the Department of Justice and Attorney-General at this year's ekka. .. Some we are required to hold by law and others relate to the function of the agency or the laws .. Although privacy and confidentiality issues prevent disclosure of some ..
Crown Solicitor's review - Department of Justice and Attorney-General
.. an application · Access and amendment under the Information Privacy Act (IP Act) .. Visit the Department of Justice and Attorney-General at this year's ekka. .. Crown Law's future is again founded in another year of positive ..
Making an application - Department of Justice and Attorney-General
.. download the RTI application form and post it to the RTI and Privacy .. to locate a solicitor, visit Queensland Law Society - Find a Solicitor.
By rule of law.. (history of JAG) - Department of Justice and Attorney..
.. Making an application · Access and amendment under the Information Privacy Act (IP Act) · Types of personal .. Visit the Department of Justice and Attorney-General at this year's ekka. .. Crown Law 2009-10 Annual Report ..
1860s: the birth of Queensland law - Department of Justice and ..
.. Making an application · Access and amendment under the Information Privacy Act (IP Act) .. Crown Law 2009-10 Annual Report .. The Attorney-General in the first Parliament was responsible for the drafting of all the ..
Pruivacy paper cle convention 9
CURRENT PRIVACY LAW – from an agency perspective .. Paper delivered at the Government Lawyers CLE Convention 9.9.03. N R Cowdery AM QC, Director ..
Commonwealth Courts Portal
Privacy and security. Lawyers and law firms registering for the CCP are required to agree to the Terms and Conditions of Use, which outline the ..
Experts' Conference (Prescribed Brochure) - Family Law Courts ..
Family Law Courts logo links to the homepage .. seek clarification from the instructing lawyers or the Court concerning any question put to them; and; access ..
Dividing fence disputes questions and answers - Department of ..
Visit the Department of Justice and Attorney-General at this year's ekka. Forms and .. The Act contains the new laws on fences. There is now a wider definition of ..
Careers @ AGS - Current vacancies - Australian Government Solicitor
AGS recruits skilled applicants such as experienced lawyers, recent law .. When recruiting, AGS applies the principles of equity, privacy and procedural fairness.
South Australian Legislation
4 days ago – Copyright · Disclaimer · Privacy · Acknowledgements · Site Map. Company: Office of Parliamentary Counsel Attorney-General's Department ..
Family Law Courts Homepage
Family Law Courts logo links to the homepage. Glossary |; Links | .. Attorney-General's Website · Commonwealth .. Family Law Principles Principles such as no ..
OPAL - FirstConsolidatedDraft (AP065891.DOC;1)
- 2005 NSW Young Lawyers, a division of the Law Society of New South Wales. .. particularly in the areas of privacy, employment, elder abuse, family law and ..
Consultation on Model Offences to Combat Identity Crime 2007 ..
Office of the Privacy Commissioner. Submission to the Model Criminal Law Officers' Committee of the Standing Committee of Attorneys-General Consultation on ..
Human Rights - ACT Human Rights Commission
About the ACT Human Rights & Discrimination Commissioner .. The right to privacy and reputation;; Rights of the family and children;; The right to .. Dr Watchirs has 28 years experience as a human rights lawyer working for ..
Solicitors - Job Outlook
Solicitors
provide legal advice, prepare and draft legal documents, and conduct negotiations on behalf of clients on matters associated with the law. The links ..
Neighbours and the Law
Law, by Jane Needham SC and Sarah Hill. Section on Mediation and Community Justice. Centres contributed by Gina Vizza, NSW Attorney General's ..
Speech: Privacy law reform – getting the balance right; Office of the ..
Privacy law
reform – getting the balance right. Timothy Pilgrim presentation to Communications and Media Law Association, 6 September 2011. I would like to ..
THE COMMONWEALTH LAWYER, LAW IN THE AGE OF ..
That Commission had been asked to prepare an Australian law on privacy. .. affecting the way law is practised, indeed what lawyers are engaged to do.
LEGAL HELP
It is important to see a lawyer or apply for legal aid as soon as possible .. In South Australia, the Criminal Law (Legal Representation) Act 2001 ..
Older People and The Law - online guide - Lawlink Corporate ..
The NSW Young Lawyers' Pro Bono and Community Services Taskforce co-edited the handbook to .. What does the law say about privacy?
Common law
The TAC, the Law Institute of Victoria and the Australian Lawyers Alliance have established new alternative dispute resolution protocols for all requests for ..
Victorian Law Reform Commission - How law constructs gender and ..
The Attorney-General has also asked us to advise on priorities for reform in the area of privacy law. In considering privacy issues we will need to think about ..
Queensland's first Solicitor-General - Department of Justice and ..
.. Access and amendment under the Information Privacy Act (IP Act) .. The first Solicitor-General for Queensland was Thomas Joseph Byrnes (pictured). .. and the Solicitor-General was the head of the Crown Law Office.
GETTING LEGAL HELP
It is important to see a lawyer or apply for legal aid as soon as possible .. In South Australia, the Criminal Law (Legal Representation) Act 2001 ..
More than just a legal adviser | Victorian Government Solicitor's ..
VGSO lawyers have significant experience across many areas of law. .. Sourcing the right legal services can be challenging, particularly if the specific .. Freedom of information & privacy · Governance · Government & Public Law · Human ..
Attorney General Mental Capacity
- Some years ago, Queensland lawyer and bio-ethicist the late Jennifer Fitzgerald .. For example, the Office of the NSW Privacy Commissioner's Best Practice ..
Resolving tree and fence disputes - Department of Justice and ..
The Queensland Law Society can refer you to a private lawyer. Legal Aid Queensland does not provide legal advice about disputes about trees or fences, but ..
Enforcement notes - Department of Justice and Attorney-General
Right to Information and Privacy Unit. Address Level 17. State Law Building 50 Ann Street Brisbane QLD 4000. Postal address. GPO Box 149 ..
Output 3 – Policy Legislation and Legal Services - Department of ..
Search Justice and Attorney-General .. Access and amendment under the Information Privacy Act (IP Act) · Types of personal information the ..
Aboriginal and Torres Strait Islander legal services - Department of ..
.. an application · Access and amendment under the Information Privacy Act (IP Act) .. Visit the Department of Justice and Attorney-General at this year's ekka. .. Criminal law (non criminal referred to Brisbane or Southport) ..
The first Crown Solicitor - Department of Justice and Attorney-General
.. Access and amendment under the Information Privacy Act (IP Act) · Types .. The first Crown Solicitor for Queensland was Robert Little who was born .. Little was also active in the formation of the Queensland Law Society.
Update on Legal Professional Privilege | Victorian Government ..
Jump to : The Victorian Government Solicitor's Office .. Freedom of information & privacy ..
Neither attorney nor general - Department of Justice and Attorney..
Search Justice and Attorney-General .. an application · Access and amendment under the Information Privacy Act (IP Act) .. Crown Law 2009-10 Annual Report .. He was proud of the fact that he 'was neither an attorney nor a ..
My family is separating — what now? | Family Law Solicitors
The collaborative law process is where both parents, their lawyers and any other .. If you are not using a collaborative law solicitor then try to engage a solicitor ..
Industrial relations - Department of Justice and Attorney-General
..
map · Contact us · Help. Search Justice and Attorney-General .. Enquiries (private and public sector) call the Workplace Rights Hotline Phone 1300 737 841 ..
James Ruddle | Victorian Government Solicitor's Office | VGSO
Barrister & Solicitor of the Supreme Court, Grad Dip Legal Management (Melb). work+61 3 8684 0470. James.Ruddle@vgso.vic.gov.au. Areas of law: ..
Human rights and counter-terrorism laws
- Let's Talk About Rights, National Human Rights Consultation Toolkit, .. freedom of expression. · freedom of movement. · privacy. · freedom from discrimination. .. time when the suspect is contacting a lawyer, taking meal breaks and sleeping.
Privacy Victoria - Privacy Commissioner
Helen Versey was appointed Victoria's second Privacy Commissioner on 13 March 2007. .. She was the senior lawyer and acted as Commissioner during the ..