Structure, functions and powers
Legislative structure46.2 The role and position of Privacy Commissioner was originally established in the Privacy Act 1988 (Cth). The Commissioner was initially a member of the Human Rights and Equal Opportunity Commission (HREOC), before the OPC was established as a separate office in July 2000. It was suggested that a separate office was consistent with …
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Read moreManner of exercise of powers
Section 29 of the Privacy Act46.36 In exercising his or her powers under the Privacy Act, the Commissioner is bound to have regard to the matters set out in s 29. The matters in s 29 can be divided into two principal concerns. First, the Privacy Act requires the Commissioner to take the following into …
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Read morePrivate investigators
Background44.50 Private investigators provide investigative and legal support services to government agencies, corporate entities and the public in areas that include: fraud prevention, detection, assessment and resolution; corporate fraud and risk management services; insurance fraud and claims investigation, monitoring and assessment; aviation accident and loss investigation; marine loss investigations; occupational health and safety incident investigation; …
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Read moreValuers
44.88 Valuers assess the value of properties, including residential, commercial, industrial and retail properties. They may be engaged by private parties, corporations, financial institutions, or government departments and authorities. Private sector valuers are required to comply with the NPPs. Some state and territory legislation also regulates the handling of personal information by valuers.[112]44.89 In its …
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Read moreDeclared emergencies
44.98 On 7 December 2006, a new Part VIA of the Privacy Act commenced operation.[125] Part VIA provides a separate regime for the collection, use and disclosure of personal information where there is a connection to an emergency that has been the subject of a declaration by the Prime Minister or a minister. The Part …
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Read moreAlternative dispute resolution bodies
Background44.3 ADR has been described as dispute resolution processes, other than judicial determination, in which an impartial person helps those involved in a dispute to resolve their issues.[2] ADR occurs in a broad range of settings, including services provided bya sole practitioner, a partnership, a for profit organisation, a not for profit organisation, as an …
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Read moreRelated bodies corporate
43.9 An act or practice is not an interference with privacy if it consists of the collection or disclosure of personal information by a body corporate from or to a ‘related body corporate’.[13] The stated reason for this exemption is to ‘recognise [the] commercial reality that, for many bodies corporate to continue to operate effectively, …
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Read moreChange in partnership
43.22 In certain circumstances, an act or practice is not an interference with the privacy of an individual if it consists of passing personal information from an old to a new partnership.[39] The new partnership must: be formed at the same time or immediately after the old one; have at least one partner transferred from …
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Read moreRetaining an exemption for journalistic acts and practices
42.3 Under s 7B(4) of the Privacy Act, acts and practices of ‘media organisations’ are exempt from the operation of the Act, provided the acts or practices are undertaken ‘in the course of journalism’ at a time when the organisation is publicly committed to observe standards that deal with privacy. This exemption aims to ensure …
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Read moreScope of the journalism exemption
42.26 In the course of this Inquiry, a number of stakeholders have expressed concerns about the scope of the journalism exemption.[33] In particular, stakeholders have suggested that the lack of definition of the term ‘journalism’, together with the wide definition of the term ‘media organisation’, ‘effectively allows anyone to claim the exemption by setting up …
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