Australian privacy laws

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The Commonwealth Privacy Act 1988 applies to federal government bodies and private health service providers. States and territories, other than South Australia and Western Australia, also have Acts dealing with the protection of health information. In South Australia, Cabinet has issued Information Privacy Principles which apply to government agencies. Every jurisdiction now has a dedicated commissioner, ombudsman or committee to handle complaints relating to breaches of privacy, as do registration boards and health complaints agencies. Generally speaking, federal and state laws are consistent; however, the lack of a national scheme has been identified as a matter requiring reform.

National

Australian Information Commissioner

Privacy Act 1988

ACT

ACT Human Rights Commission

NSW

Information and Privacy Commission NSW

Health and Records and Information Privacy Act 2002

NT

Office of the Information Commissioner Northern Territory

Health and Community Services Complaints Commission Information Act 2002

QLD

The Office of the Information Commissioner Queensland – may refer privacy complaint to Health Ombudsman

Information Privacy Act 2009 – Must comply with National Privacy Principles

SA

South Australian Privacy Committee

Health and Community Services Complaints Commissioner

PC012 Information Privacy Principles (IPPS) Instructions

TAS

Tasmanian Ombudsman

Personal Information and Protection Act 2004

VIC

Health Complaints Commissioner

Health Records Act 2001

WA

Office of the Information Commissioner – Only FOI requests

Health and Disability Services Complaints Office

Freedom of Information Act 1992

 

Page last updated October 2022