17.08.2010

Remedies and penalties

53.76 Part IIIA creates a range of credit reporting offences, including offences in relation to:

  • non-corporations carrying on a credit reporting business;[147]

  • persons giving personal information to a non-corporation carrying on a credit reporting business;[148]

  • credit reporting agencies disclosing personal information other than as permitted;[149]

  • credit providers using personal information contained in credit reports other than as permitted;[150]

  • credit providers disclosing credit worthiness information other than as permitted;[151]

  • credit reporting agencies or credit providers intentionally giving out a credit report that contains false or misleading information;[152]

  • persons intentionally obtaining unauthorised access to credit information files or credit reports;[153] and

  • persons obtaining access to credit information files or credit reports by false pretences.[154]

53.77 The mechanisms available to ensure enforcement of the Privacy Act generally, including remedies following the OPC’s own motion investigations, determinations, reports, injunctions and penalties, are discussed in detail in Chapter 50.

[147]Privacy Act 1988 (Cth) s 18C(4).

[148] Ibid s 18D(4).

[149] Ibid s 18K(4).

[150] Ibid s 18L(2).

[151] Ibid s 18N(2).

[152] Ibid s 18R(2).

[153] Ibid s 18S(3).

[154]Ibid s 18T.