Privacy Codes

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The Privacy Act 1988 (Cth) ("the Act") allows organisations and industries to have and to enforce their own privacy codes that continue to uphold the privacy rights of individuals while allowing some flexibility of application for organisations. Under Section 18BB the Commissioner may approve a privacy code, provided certain criteria are met.

• Guidelines on Privacy Code Development (September 2001)
  • The Prescribed Standards in the Privacy (Private Sector) Regulations 2001
• Register of Approved Privacy Codes
• Code Applications currently being considered
• Draft Codes for Public Consultation
• Information Sheet 11 - 2001 Privacy Codes
• Code approvals and variations and revocations

Register of Approved Privacy Codes

Once a code has been approved it will replace the National Privacy Principles under the Act for those organisations bound by the code. Codes must have a body established to oversee the operation of the code, called the code administrator. Each code administrator is required to keep a current record of code members, which are the organisations bound by the code. Mostly these are found on their website which we have linked below.

The following is the Register of Approved Privacy Codes under Section 18BG of the Privacy Act 1988 (Cth)

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Code Applications currently being considered

The following is a list of organisations who have submitted a code to the Privacy Commissioner for approval where the code is still under consideration - that is it has not been withdrawn, approved or declined. For further information about these code proposals contact the organisation or visit their website.

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Draft Codes for Public Consultation

Before a code can be approved, the Privacy Commissioner must be satisfied that members of the public have been given an adequate opportunity to comment on a draft of the code. Organisations developing codes can request the OPC to provide a link to their website during their public consultation process.

Note: There are currently no Draft Codes for Public Consultation.

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Code approvals, variations and revocations

Part IIIAA of the Privacy Act gives the Privacy Commissioner power to approve, vary or revoke privacy codes covering private sector organisations.

Instruments approving, varying or revoking privacy codes are found in the following table. Note that only those instruments made after 1 January 2006 are currently available.

These instruments are registered on the Federal Register of Legislative Instruments.