PRIVACY IN AUSTRALIA
Privacy is protected in Australia, and internationally, with a range of laws.
The core privacy principles and rights they set out hold true both for the technology of yesterday, and the technology of tomorrow.
This Privacy Awareness Week (PAW), we are once again putting a spotlight on privacy and the importance of protecting personal information, with a call for people, businesses and other organisations, as well as government agencies, to ‘power up your privacy’.
We run PAW in conjunction with state and territory privacy regulators and the Asia Pacific Privacy Authorities forum.
Privacy regulation
Privacy in Australia is regulated at national and state levels
The Office of the Australian Information Commissioner (OAIC) mainly deals with issues that are covered by the Privacy Act 1988.
The Privacy Act is a federal law which does not cover local, state or territory government agencies, except the Norfolk Island administration.
Most Australian states and territories have equivalent legislation which covers their public sector agencies. Some state authorities and instrumentalities are bound by the Privacy Act.
You can find out more about state privacy regulators at the links below.
State and territory authorities
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Australian Capital Territory information privacy
The OAIC exercises some of the functions of the Australian Capital Territory Information Privacy Commissioner.
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ACT Health Services Commissioner
The ACT Health Services Commissioner handles health record privacy complaints.
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NSW Information and Privacy Commission
The NSW Information and Privacy Commission administers the Privacy and Personal Information Protection Act 1998 (NSW) and Health Records and Information Privacy Act 2002 (NSW).
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Office of the Information Commissioner Northern Territory
The Office of the Information Commissioner Northern Territory oversees the privacy provisions of the Information Act 2002 (NT) and accepts complaints from consumers relating to the privacy of health information.
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Health and Community Services Complaints Commission (NT)
The Health and Community Services Complaints Commission (NT) also accepts complaints about health, disability and aged services in the Northern Territory.
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Queensland Office of the Information Commissioner
The Queensland Office of the Information Commissioner receives privacy complaints under the Information Privacy Act 2009 (Qld) which covers the Queensland public sector.
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Queensland’s Health Ombudsman
Queensland’s Health Ombudsman can also receive and investigate complaints about health services and health service providers.
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South Australian privacy committee
South Australian privacy committee handles privacy complaints related to state government agencies’ compliance with a set of Information Privacy Principles
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Health and Community Services Complaints Commissioner (SA)
The Health and Community Services Complaints Commissioner (SA) also receives complaints about government, private and non-government health and community services.
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Tasmanian Ombudsman
The Tasmanian Ombudsman accepts complaints in relation to the Personal Information and Protection Act 2004 (Tas). This legislation covers the Tasmanian public sector, including public hospitals.
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Office of the Victorian Information Commissioner (OVIC)
The Office of the Victorian Information Commissioner (OVIC) administers the Privacy and Data Protection Act 2014 (Vic).
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Health Complaints Commissioner (Vic)
The Health Complaints Commissioner was created under the Health Complaints Act 2016. The office also administers the Health Records Act 2001 (Vic).
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Office of the Information Commissioner (WA)
The Office of the Information Commissioner (WA) - administers the Freedom of Information Act 1992 (WA) which includes some privacy principles related to the disclosure and amendment of personal information held by Western Australian State and local government agencies.
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The Health and Disability Services Complaints Office
The Health and Disability Services Complaints Office is an independent statutory authority that also handles complaints relating to health and disability services in Western Australia.
Become a PAW supporter
Sign up your organisation today as a supporter of Privacy Awareness Week (PAW) 2024 to help show your commitment to best practice in privacy. Supporters will get access to our toolkit, and can opt to be listed on the website. Join us and help to power up privacy!