2.1 In this chapter, the ALRC provides an overview of the regulation of personal information in Australia. First, the chapter discusses the constitutional framework for privacy laws in Australia and federal privacy legislation. The chapter then outlines the saving of state and territory privacy laws by the Privacy Act 1988 (Cth) and the regulation of privacy by the states and territories. The final section considers other forms of privacy regulation such as rules, codes and non-binding guidance.[1]

[1] In Ch 4, the ALRC sets out its approach to privacy regulation in Australia. The ALRC recommends a hybrid regulatory model that draws heavily on principles-based and compliance-oriented regimes. A pure principles-based regime will not always meet the objectives of privacy regulation, however, and the ALRC’s regulatory model contains a combination of primary legislation, regulations and other legislative instruments, and non-binding guidance.