Overview
The Privacy Act 1988 is the primary Australian legislation regulating the handling of personal information by government agencies and organizations, outlining rules, obligations, and rights concerning privacy and data protection.
Structure and Administration
- The Act is currently in force and administered by the Attorney-General's Department and Department of the Treasury.
- The legislation is organized by distinct Parts covering interpretation, information privacy, investigations, enforcement, and other specific topics.
- The latest amendments are effective as of 10 June 2025.
Key Parts of the Act
- Part I: Covers preliminary matters and definitions.
- Part II: Provides detailed interpretations of terms used throughout the Act.
- Part III: Sets out principles and rules for information privacy and personal data handling.
- Part IIIA: Focuses on credit reporting and related privacy issues.
- Part IIIB: Describes the development and application of privacy codes.
- Part IIIC: Establishes procedures for notification of eligible data breaches.
- Part IV: Outlines the functions and powers of the Information Commissioner.
- Part V: Details procedures for investigations, complaints, and related matters.
- Part VI: Addresses public interest determinations and temporary public interest determinations.
- Part VIA: Provides for the handling of personal information in emergencies and disasters.
- Part VIB: Details compliance and enforcement mechanisms.
- Part VII: Establishes and outlines the role of the Privacy Advisory Committee.
- Part VIII: Addresses obligations regarding confidentiality and confidence.
- Part IX: Contains miscellaneous provisions.
Schedules
- Schedule 1: Lists the Australian Privacy Principles, which apply to most organizations and agencies.
- Schedule 2: Introduces a statutory tort for serious invasions of privacy.
- Endnotes: Contain supporting or historical information for the Act.
Access and Resources
- The Act and supporting documents, including versions, details, and downloads, are accessible through the Federal Register of Legislation website.
- Resources such as help guides, glossary, feedback, and video guides are provided for assistance.