Introduction

35.1 Federal courts are currently exempt from the operation of the Privacy Act 1988 (Cth), except in respect of matters of an administrative nature. The Australian Industrial Relations Commission, and the Industrial Registrar and Deputy Industrial Registrars, are similarly exempt. Other federal tribunals, on the other hand, are not exempt.

35.2 This chapter examines whether courts and tribunals should be exempt from the operation of the Privacy Act and, if so, what should be the scope of these exemptions. The ALRC concludes that the existing exemption applicable to federal courts should continue to apply, and a similar exemption, in respect of matters of an administrative nature, should apply to federal tribunals.

35.3 The chapter also discusses related matters concerning access to personal information held by courts and tribunals under the Privacy Act, Freedom of Information Act 1982 (Cth) (FOI Act) and the rules of courts and tribunals.