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No. 98 of 2000

Version incorporating amendments as at 26 September 2007

ENDNOTES

1. General Information

Minister's second reading speech-

Legislative Assembly: 26 May 2000

Legislative Council: 3 October 2000

The long title for the Bill for this Act was "to establish a regime for the responsible collection and handling of personal information in the Victorian public sector, to amend the Parliamentary Committees Act 1968, the Ombudsman Act 1973, the Subordinate Legislation Act 1994 and certain other Acts and for other purposes."

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 26 May 2000

Legislative Council: 3 October 2000

Absolute majorities:

Legislative Assembly: 5 September 2000

Legislative Council: 26 October 2000

The Information Privacy Act 2000 was assented to on 12 December 2000 and came into operation as follows:

Sections 1-80, Schedules 1, 2 on 1 September 2001: section 2(2); section 81 not yet proclaimed.

2. Table of Amendments

This Version incorporates amendments made to the Information Privacy Act 2000 by Acts and subordinate instruments.

-------------------------------------------------------------

Health Records Act 2001, No. 2/2001

Assent Date:

10.4.01

Commencement Date:

S. 107(b)(c) on 16.11.01: Government Gazette 15.11.01 p. 2839; ss 107(a)(d), 108 on 1.7.02: s. 2(2)

Current State:

This information relates only to the provision/s amending the Information Privacy Act 2000

Corporations (Consequential Amendments) Act 2001, No. 44/2001

Assent Date:

27.6.01

Commencement Date:

S. 3(Sch. item 64) on 15.7.01: s. 2

Current State:

This information relates only to the provision/s amending the Information Privacy Act 2000

Australian Crime Commission (State Provisions) Act 2003, No. 52/2003

Assent Date:

16.6.03

Commencement Date:

S. 52(Sch. 1 item 6) on 17.6.03: s. 2(1)

Current State:

This information relates only to the provision/s amending the Information Privacy Act 2000

Parliamentary Committees Act 2003, No. 110/2003

Assent Date:

9.12.03

Commencement Date:

S. 58 on 10.12.03: s. 2

Current State:

This information relates only to the provision/s amending the Information Privacy Act 2000

Major Crime (Investigative Powers) Act 2004, No. 79/2004

Assent Date:

16.11.04

Commencement Date:

S. 131 on 16.11.04: Special Gazette (No. 237) 16.11.04 p. 2

Current State:

This information relates only to the provision/s amending the Information Privacy Act 2000

Public Administration Act 2004, No. 108/2004

Assent Date:

21.12.04

Commencement Date:

S. 117(1)(Sch. 3 item 103) on 5.4.05: Government Gazette 31.3.05 p. 602

Current State:

This information relates only to the provision/s amending the Information Privacy Act 2000

Legal Profession (Consequential Amendments) Act 2005, No. 18/2005

Assent Date:

24.5.05

Commencement Date:

S. 18(Sch. 1 item 50) on 12.12.05: Government Gazette 1.12.05 p. 2781

Current State:

This information relates only to the provision/s amending the Information Privacy Act 2000

Parliamentary Administration Act 2005, No. 20/2005

Assent Date:

24.5.05

Commencement Date:

S. 46 on 1.7.05: s. 2(4)

Current State:

This information relates only to the provision/s amending the Information Privacy Act 2000

Disability Act 2006, No. 23/2006

Assent Date:

16.5.06

Commencement Date:

S. 243 on 1.7.07: s. 2(3)

Current State:

This information relates only to the provision/s amending the Information Privacy Act 2000

Statute Law Revision Act 2007, No. 28/2007

Assent Date:

26.6.07

Commencement Date:

S. 3(Sch. item 32) on 27.6.07: s. 2(1)

Current State:

This information relates only to the provision/s amending the Information Privacy Act 2000

-------------------------------------------------------------

3. Explanatory Details

No entries at date of publication.

INDEX

Subject

Section

Act

application

9

commencement

2

consequential amendments

81

Crown bound by

8

interpretative provisions

4

nature of rights created by

7

objects

5

other laws prevail if inconsistency

6

purposes

1

Children

access to personal information by

64

complaints by

27

definition

3

Codes of practice

approval

19, 21

cessation of operation

20, 23, 24

code administrators (def.)

3

commencement of operation

19, 20

contravention of

44, 48

definition of applicable, approved codes of practice

3

description and scope

18

expiry

24

organisations bound by

20

register

22

revocation of approval

23, 24

variations

19, 24

Commonwealth-regulated organisations

4

Complaints

by minors or people with impairment

27

Commissioner's power to decline to entertain

29

conciliation

33-37

dismissal of

29, 30, 32, 37

inappropriateness of conciliation

32

interim orders

38

jurisdiction of Tribunal regarding

39-43

making of

25

notification of respondents

28

procedure for dealing with

28-32

referral to Ombudsman

29

referral to Privacy Commissioner

26

referral to Tribunal

29, 31, 32, 37

stale complaints

30

time limits

41

Compliance notices

44

non-compliance with

48

review of decision to serve

49

Subject

Section

Conciliation

agreements

35

failure

37

inadmissability of evidence

36

inappropriateness

32

obtaining relevant information and documents

34

process

33

registration of record with Tribunal

35

Contracted service providers

application of Act to

9

bound by IPPs and codes of practice

17

definition of State contracts

3

interpretation of references to

4

Courts

exemption from provisions of Act

10

Definitions

3, Sch. 1

Exemptions

10-13

Fees

for access to personal information

69

for inspecting codes of practice register

22

Federal Privacy Commissioner

3, 29

Freedom of Information Act 1982

exempt documents under s. 28(1)

34, 39, 42, 45

personal information in documents regulated by

12

operation not affected by this Act

6

Identification numbers See Unique identifiers

Impairment See People with an impairment

Information

See Personal information;

Publicly available information

Information privacy principles

14-17, Sch. 1

breach of IPP 6.5 or 6.6

43

contraventions

44, 48

definition

3

interpretation of references to

4

See also Complaints

IPPs See Information privacy principles

Judicial officers

exemptions from provisions of Act

10

Law enforcement agencies

definition

3

exemptions from compliance with certain IPPs

13, Sch. 1

Liability

of organisations for acts of agents, employees

68

protection from

66

Minors See Children

Notices

compliance notices

44, 48

Subject

Section

Offences

by organisations or bodies

70

failure to attend before Privacy Commissioner

65

non-compliance with compliance notices

48

prosecutions

71

Ombudsman

referral of complaints by Privacy Commissioner to

29

referral of complaints to Privacy Commissioner by

26

Orders

43

interim orders

38

Organisations See Public sector organisations

Outsourcing See Contracted service providers

Parents

4, 27, 64

Parliamentary committees

10A

People with an impairment

capacity to give consent or exercise right of access

64

complaints by

27

Personal information

access to

64

consent to collection, use, disclosure, transfer

3, 64

correction

4, 64, Sch. 1

definition

3

fees for access to

69, Sch. 1

regulated by Freedom of Information Act 1982

12

information privacy principles

Sch. 1

interpretative provisions

4

personal privacy (def.)

3

powers of authorised representatives

64

sensitive information

Sch. 1

Privacy Commissioner

acting appointment

55

annual reports

62

appointment

50

as party to proceedings for review

49

definition

3

delegation

61

duty to have regard to objects of Act

60

functions

58

powers in general

59

powers regarding

codes of practice

19, 20, 23

complaints

25-26, 28-30, 32

compliance notices

44

conciliation

33-35, 37

examination of witnesses

46

obtaining information and documents

45

removal from office

54

remuneration and allowances

51

reports

62-63

Subject

Section

secrecy provisions

67

staff

57

suspension

54

terms and conditions of appointment

52

vacancy and resignation

53

validity of acts and decisions

56

See also Federal Privacy Commissioner

Prosecutions

71

Public records

exemptions from provisions of Act

11

Public registers

administration of

16, 18, 43

definition

3

Public sector agencies (def.)

3

Public sector organisations

application of Act to

9

bound by codes of practice

20

compliance with IPPs

16

interpretative provisions

4

liability for acts of agents and employees

68

offences by

70

use of unique identifiers

Sch. 1

Publicly available information

exemptions from provisions of Act

11

generally available publications (def.)

3

Regulations

73

Secrecy

67

Self-incrimination

protection against

47

Sensitive information See Personal information

State contracts See Contracted service providers

Supreme Court

limitation of jurisdiction

72

Tribunal

See Victorian Civil and Administrative Tribunal

Tribunals

exemptions from provisions of Act

10

Unique identifiers

Sch. 1

Victorian Civil and Administrative Tribunal

findings and decisions

43

interim orders

38

jurisdiction for hearing a complaint

39

orders

43

parties to a proceeding

40

power to inspect exempt documents

42

referral of complaints to

31, 32, 37, 39

registration of conciliation agreements

35

review of decision to serve compliance notices

49

time limits for hearing complaints

41

??

?? No. 98 of 2000

Version incorporating amendments as at 26 September 2007

ENDNOTES

1. General Information

Minister's second reading speech-

Legislative Assembly: 26 May 2000

Legislative Council: 3 October 2000

The long title for the Bill for this Act was "to establish a regime for the responsible collection and handling of personal information in the Victorian public sector, to amend the Parliamentary Committees Act 1968, the Ombudsman Act 1973, the Subordinate Legislation Act 1994 and certain other Acts and for other purposes."

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 26 May 2000

Legislative Council: 3 October 2000

Absolute majorities:

Legislative Assembly: 5 September 2000

Legislative Council: 26 October 2000

The Information Privacy Act 2000 was assented to on 12 December 2000 and came into operation as follows:

Sections 1-80, Schedules 1, 2 on 1 September 2001: section 2(2); section 81 not yet proclaimed.

2. Table of Amendments

This Version incorporates amendments made to the Information Privacy Act 2000 by Acts and subordinate instruments.

-------------------------------------------------------------

Health Records Act 2001, No. 2/2001

Assent Date:

10.4.01

Commencement Date:

S. 107(b)(c) on 16.11.01: Government Gazette 15.11.01 p. 2839; ss 107(a)(d), 108 on 1.7.02: s. 2(2)

Current State:

This information relates only to the provision/s amending the Information Privacy Act 2000

Corporations (Consequential Amendments) Act 2001, No. 44/2001

Assent Date:

27.6.01

Commencement Date:

S. 3(Sch. item 64) on 15.7.01: s. 2

Current State:

This information relates only to the provision/s amending the Information Privacy Act 2000

Australian Crime Commission (State Provisions) Act 2003, No. 52/2003

Assent Date:

16.6.03

Commencement Date:

S. 52(Sch. 1 item 6) on 17.6.03: s. 2(1)

Current State:

This information relates only to the provision/s amending the Information Privacy Act 2000

Parliamentary Committees Act 2003, No. 110/2003

Assent Date:

9.12.03

Commencement Date:

S. 58 on 10.12.03: s. 2

Current State:

This information relates only to the provision/s amending the Information Privacy Act 2000

Major Crime (Investigative Powers) Act 2004, No. 79/2004

Assent Date:

16.11.04

Commencement Date:

S. 131 on 16.11.04: Special Gazette (No. 237) 16.11.04 p. 2

Current State:

This information relates only to the provision/s amending the Information Privacy Act 2000

Public Administration Act 2004, No. 108/2004

Assent Date:

21.12.04

Commencement Date:

S. 117(1)(Sch. 3 item 103) on 5.4.05: Government Gazette 31.3.05 p. 602

Current State:

This information relates only to the provision/s amending the Information Privacy Act 2000

Legal Profession (Consequential Amendments) Act 2005, No. 18/2005

Assent Date:

24.5.05

Commencement Date:

S. 18(Sch. 1 item 50) on 12.12.05: Government Gazette 1.12.05 p. 2781

Current State:

This information relates only to the provision/s amending the Information Privacy Act 2000

Parliamentary Administration Act 2005, No. 20/2005

Assent Date:

24.5.05

Commencement Date:

S. 46 on 1.7.05: s. 2(4)

Current State:

This information relates only to the provision/s amending the Information Privacy Act 2000

Disability Act 2006, No. 23/2006

Assent Date:

16.5.06

Commencement Date:

S. 243 on 1.7.07: s. 2(3)

Current State:

This information relates only to the provision/s amending the Information Privacy Act 2000

Statute Law Revision Act 2007, No. 28/2007

Assent Date:

26.6.07

Commencement Date:

S. 3(Sch. item 32) on 27.6.07: s. 2(1)

Current State:

This information relates only to the provision/s amending the Information Privacy Act 2000

-------------------------------------------------------------

3. Explanatory Details

No entries at date of publication.

INDEX

Subject

Section

Act

application

9

commencement

2

consequential amendments

81

Crown bound by

8

interpretative provisions

4

nature of rights created by

7

objects

5

other laws prevail if inconsistency

6

purposes

1

Children

access to personal information by

64

complaints by

27

definition

3

Codes of practice

approval

19, 21

cessation of operation

20, 23, 24

code administrators (def.)

3

commencement of operation

19, 20

contravention of

44, 48

definition of applicable, approved codes of practice

3

description and scope

18

expiry

24

organisations bound by

20

register

22

revocation of approval

23, 24

variations

19, 24

Commonwealth-regulated organisations

4

Complaints

by minors or people with impairment

27

Commissioner's power to decline to entertain

29

conciliation

33-37

dismissal of

29, 30, 32, 37

inappropriateness of conciliation

32

interim orders

38

jurisdiction of Tribunal regarding

39-43

making of

25

notification of respondents

28

procedure for dealing with

28-32

referral to Ombudsman

29

referral to Privacy Commissioner

26

referral to Tribunal

29, 31, 32, 37

stale complaints

30

time limits

41

Compliance notices

44

non-compliance with

48

review of decision to serve

49

Subject

Section

Conciliation

agreements

35

failure

37

inadmissability of evidence

36

inappropriateness

32

obtaining relevant information and documents

34

process

33

registration of record with Tribunal

35

Contracted service providers

application of Act to

9

bound by IPPs and codes of practice

17

definition of State contracts

3

interpretation of references to

4

Courts

exemption from provisions of Act

10

Definitions

3, Sch. 1

Exemptions

10-13

Fees

for access to personal information

69

for inspecting codes of practice register

22

Federal Privacy Commissioner

3, 29

Freedom of Information Act 1982

exempt documents under s. 28(1)

34, 39, 42, 45

personal information in documents regulated by

12

operation not affected by this Act

6

Identification numbers See Unique identifiers

Impairment See People with an impairment

Information

See Personal information;

Publicly available information

Information privacy principles

14-17, Sch. 1

breach of IPP 6.5 or 6.6

43

contraventions

44, 48

definition

3

interpretation of references to

4

See also Complaints

IPPs See Information privacy principles

Judicial officers

exemptions from provisions of Act

10

Law enforcement agencies

definition

3

exemptions from compliance with certain IPPs

13, Sch. 1

Liability

of organisations for acts of agents, employees

68

protection from

66

Minors See Children

Notices

compliance notices

44, 48

Subject

Section

Offences

by organisations or bodies

70

failure to attend before Privacy Commissioner

65

non-compliance with compliance notices

48

prosecutions

71

Ombudsman

referral of complaints by Privacy Commissioner to

29

referral of complaints to Privacy Commissioner by

26

Orders

43

interim orders

38

Organisations See Public sector organisations

Outsourcing See Contracted service providers

Parents

4, 27, 64

Parliamentary committees

10A

People with an impairment

capacity to give consent or exercise right of access

64

complaints by

27

Personal information

access to

64

consent to collection, use, disclosure, transfer

3, 64

correction

4, 64, Sch. 1

definition

3

fees for access to

69, Sch. 1

regulated by Freedom of Information Act 1982

12

information privacy principles

Sch. 1

interpretative provisions

4

personal privacy (def.)

3

powers of authorised representatives

64

sensitive information

Sch. 1

Privacy Commissioner

acting appointment

55

annual reports

62

appointment

50

as party to proceedings for review

49

definition

3

delegation

61

duty to have regard to objects of Act

60

functions

58

powers in general

59

powers regarding

codes of practice

19, 20, 23

complaints

25-26, 28-30, 32

compliance notices

44

conciliation

33-35, 37

examination of witnesses

46

obtaining information and documents

45

removal from office

54

remuneration and allowances

51

reports

62-63

Subject

Section

secrecy provisions

67

staff

57

suspension

54

terms and conditions of appointment

52

vacancy and resignation

53

validity of acts and decisions

56

See also Federal Privacy Commissioner

Prosecutions

71

Public records

exemptions from provisions of Act

11

Public registers

administration of

16, 18, 43

definition

3

Public sector agencies (def.)

3

Public sector organisations

application of Act to

9

bound by codes of practice

20

compliance with IPPs

16

interpretative provisions

4

liability for acts of agents and employees

68

offences by

70

use of unique identifiers

Sch. 1

Publicly available information

exemptions from provisions of Act

11

generally available publications (def.)

3

Regulations

73

Secrecy

67

Self-incrimination

protection against

47

Sensitive information See Personal information

State contracts See Contracted service providers

Supreme Court

limitation of jurisdiction

72

Tribunal

See Victorian Civil and Administrative Tribunal

Tribunals

exemptions from provisions of Act

10

Unique identifiers

Sch. 1

Victorian Civil and Administrative Tribunal

findings and decisions

43

interim orders

38

jurisdiction for hearing a complaint

39

orders

43

parties to a proceeding

40

power to inspect exempt documents

42

referral of complaints to

31, 32, 37, 39

registration of conciliation agreements

35

review of decision to serve compliance notices

49

time limits for hearing complaints

41

??

??

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7y ago
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15y ago

the information privacy act was established to provide privacy to users while online protecting details and other information being searched. The main purposes of this Act are- (a) to establish a regime for the responsible collection and handling of personal information in the Victorian public sector; (b) to provide individuals with rights of access to information about them held by organisations, including information held by contracted service providers; (c) to provide individuals with the right to require an organisation to correct information about them held by the organisation, including information held by contracted service providers; (d) to provide remedies for interferences with the information privacy of an individual; (e) to provide for the appointment of a Privacy Commissioner. the information privacy act was established to provide privacy to users while online protecting details and other information being searched. The main purposes of this Act are- (a) to establish a regime for the responsible collection and handling of personal information in the Victorian public sector; (b) to provide individuals with rights of access to information about them held by organisations, including information held by contracted service providers; (c) to provide individuals with the right to require an organisation to correct information about them held by the organisation, including information held by contracted service providers; (d) to provide remedies for interferences with the information privacy of an individual; (e) to provide for the appointment of a Privacy Commissioner. the information privacy act was established to provide privacy to users while online protecting details and other information being searched. The main purposes of this Act are- (a) to establish a regime for the responsible collection and handling of personal information in the Victorian public sector; (b) to provide individuals with rights of access to information about them held by organisations, including information held by contracted service providers; (c) to provide individuals with the right to require an organisation to correct information about them held by the organisation, including information held by contracted service providers; (d) to provide remedies for interferences with the information privacy of an individual; (e) to provide for the appointment of a Privacy Commissioner.

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9y ago

Information privacy is also referred to as data privacy or data protection. It is an aspect of information technology that deals with the privacy of personal information stored on your computer.

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13y ago

It refers to how the information that you supply will be protected. Will they give your information to someone else? Will they sell it? Will they keep it private and not give it to anyone? Will they give others only part of your information?

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The Privacy Act of 1974 provides safeguards against invasion of personal privacy through the misuse of records by Federal Agencies.

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