41.90 The OPC should provide guidance to registered political parties and others to assist them in understanding and fulfilling their obligations under the Privacy Act. In particular, this guidance will help to provide certainty to agencies and organisations on the interaction between the requirements under the Privacy Act and the constitutional doctrines of implied freedom of political communication and parliamentary privilege.
41.91 In Chapter 45, the ALRC considers the role of the OPC in implementing this Report’s recommendations. The ALRC notes that the OPC should develop and publish the guidance documents recommended in this Report in a timely manner. The timeframe in which the OPC can provide guidance on the application of the Privacy Act to the political process, however, will depend on the resource levels provided to the OPC, and other competing priorities. The ALRC, therefore, does not recommend a specific timeframe in which this guidance should be provided.
Recommendation 41-4 Before the removal of the exemptions for registered political parties and for political acts and practices from the Privacy Act comes into effect, the Office of the Privacy Commissioner should develop and publish guidance to registered political parties and others to assist them in understanding and fulfilling their obligations under the Act.