Introduction

44.1 In this chapter, the ALRC focuses on possible new exemptions and exceptions[1] from the requirements of the Privacy Act 1988 (Cth), including in relation to alternative dispute resolution (ADR), establishing, pursuing and defending legal rights, and the information-handling practices of private investigators, insolvency administrators, valuers, professional archivists and archival organisations. In particular, the ALRC recommends new exceptions to the ‘Collection’ and ‘Use and Disclosure’ principles for the purposes of confidential ADR processes. The ALRC also recommends that the Council of Australian Governments (COAG) should consider the regulation of private investigators and the impact of federal, state and territory laws on the industry.

44.2 In this chapter, the ALRC also discusses the partial exemption contained in Part VIA of the Act relating to declared emergencies, which came into operation in December 2006.

[1] This Report distinguishes between exemptions and partial exemptions to the requirements set out in the Privacy Act, and exceptions to the privacy principles. This distinction is discussed in detail in Ch 33.