State & Territory Privacy Laws
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The federal Privacy Act does not regulate state or territory agencies, except for the Australian Capital Territory (ACT). For information on privacy regulations in the states and territories please refer to the appropriate state or territory section below.
New South Wales
The Privacy and Personal Information Protection Act 1998 (PPIP Act) deals with how all New South Wales public sector agencies manage personal information. It also sets out the role of the Office of the New South Wales Privacy Commissioner.
While the PPIP Act applies primarily to the New South Wale public sector, it gives the New South Wales Privacy Commissioner the power to investigate and conciliate privacy breaches by organisations and individuals who are not public sector agencies.
The Health Records and Information Privacy Act 2002 (HRIP Act) came into effect on 1 September 2004. It governs the handling of health information in the public sector, and it also seeks to regulate the handling of health information in the private sector in New South Wales. In December 2004 Privacy NSW developed four statutory guidelines under the HRIP Act. These guidelines are legally binding documents that define the scope of particular exemptions in the health privacy principles.
Relevant New South Wales laws include:
Victoria
The Victorian Information Privacy Act 2000 (VIP Act) came into effect on 1 September 2002. The VIP Act covers the handling of all personal information except health information in the public sector in Victoria. This Act adopts ten Information Privacy Principles which are similar to the NPPs set out in the federal Privacy Act. The Office of the Victorian Privacy Commissioner has more information.
The Victorian Health Records Act 2001 (Health Records Act) came into effect from 1 July 2002. This Act covers the handling of all personal information held by health service providers in the State public sector and also seeks to govern acts or practices in the Victorian private health sector. The Health Records Act contains a set of principles adapted from the National Privacy Principles. The Office of the Health Services Commissioner provides more information.
The Charter of Human Rights and Responsibilities Act 2006 commenced on 1 January 2007 and became fully operational on 1 January 2008. The Charter incorporates a general right to privacy for individuals in addition to other rights, and is administered by the Victorian Equal Opportunity and Human Rights Commission.
Relevant Victorian laws include:
Relevant Victorian case law:
Queensland
A privacy scheme applies to Queensland State Government agencies and most statutory government-owned corporations. The regime, based on the federal Information Privacy Principles, took effect in September 2001 and includes Information Standards and Privacy Guidelines. For more detailed information see the Queensland Government Privacy website.
To ensure a nationally consistent approach between the Queensland public health sector and private health sectors, the scheme requires Queensland Health to comply with principles which are the same as the 10 federal NPPs. In all other respects, Queensland Health is subject to the Queensland Privacy scheme in the same way as other Queensland Government agencies.
The Queensland Health Quality and Complaints Commission provides an enquiry service and a health complaint system including privacy-related complaints involving the State public health sector.
Relevant Queensland laws include:
Relevant Queensland case law
Western Australia
The State public sector in Western Australia does not currently have a legislative privacy regime. Various confidentiality provisions cover government agencies and some of the privacy principles are provided for in the Freedom of Information Act 1992. On 28 March 2007 the Information Privacy Bill 2007 was introduced to the WA Parliament.
If enacted, it will establish a set of Information Privacy Principles and regulate the handling of personal information by the public sector and the handling of health information by the public and private sectors. It will also establish an Information and Privacy Commissioner (encompassing the current Information Commissioner) and provide for that Office to be amalgamated with the Office of the Western Australian Ombudsman.
Relevant Western Australian laws include:
South Australia
South Australia has issued an administrative instruction requiring its government agencies to generally comply with a set of Information Privacy Principles and has established a privacy committee.
South Australia also has a Code of Fair Information Practice based on the National Privacy Principles. This Code applies to the South Australian Department of Health and its funded service providers and to others with access to the Department’s personal information.
Relevant South Australian laws include:
Tasmania
In 1997 Tasmania issued Information Privacy Principles based on the federal Privacy Act and recommended the principles to Tasmanian government agencies. These Information Privacy Principles have been superseded by the Personal Information and Protection Act 2004 which came into effect on 5 September 2005. It applies to the public and local government sectors and the University of Tasmania. The Act is administered by the Department of Justice and complaints may be made to the Tasmanian Ombudsman. General information on the Act is hosted on the Department of Premier and Cabinet web site.
Relevant Tasmanian laws include:
Northern Territory
The Information Commissioner for the Northern Territory is the independent authority responsible for overseeing the Freedom of Information (FOI) and privacy provisions of the Northern Territory Information Act 2002 (Information Act).
The Information Act which covers the protection of personal information, record keeping and archive management of information held in the public sector was passed in October 2002 and commenced 1 July 2003. The Information Act incorporates FOI, privacy principles and record and archive management.
Relevant Northern Territory laws include:
Australian Capital Territory
The federal Privacy Act in a slightly amended version applies to Australian Capital Territory government agencies and is administered by the Privacy Commissioner on behalf of the ACT government. The Health Records (Privacy and Access) Act 1997 (Health Records Act) covers health records held in the public sector in the ACT and also seeks to apply to acts or practices in the private sector not covered by the Privacy Act. The Health Records Act contains privacy principles based on the federal legislation but modified to suit the requirements of health records. The Human Rights Commission handles health record privacy complaints.
The ACT has also enacted the Human Rights Act 2004 which incorporates a right for an individual not to have their privacy, family, home or correspondence interfered with unlawfully or arbitrarily.
Relevant Australian Capital Territory laws include:
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