Privacy law

The Privacy Act

  1. References

Last revised: 24 May 2023

The Privacy Act

The Privacy Act 1988 (The Act) regulates how most personal information is handled in Australia. It includes the 13 Australian Privacy Principles (APPs), which set out standards for the collection, use, disclosure, and storage of personal information. 

The Act applies to private sector organisations, and  government agencies unless an exception applies. General practice is subject to stringent privacy obligations by virtue of handling health information. 

The OAIC has powers to impose infringement notices and compliance orders, and a tiered system for penalties which includes fines for less serious breaches.  

The maximum civil penalty for serious or repeated interferences with privacy has increased significantly. It is now capped at the greater of $50 million, three times the value of any benefit obtained from the breach, or 30% of the organisation’s adjusted turnover during the breach period.  

 

  1. Australian Government, Office of the Australian Information Commissioner. Australian Privacy Principles quick reference. 2014 [Accessed 7 November 2022].
  2. National Health and Medical Research Council, Australian Research Council, Australian Vice-Chancellors’ Committee. National statement on ethical conduct in human research (2007) (updated 2018). 2018 [Accessed 16 January 2023].
  3. Commonwealth of Australia. Privacy Act 1988.1988 [Accessed 7 November 2022].
  4. Australian Government, Office of the Australian Information Commissioner. Australian Privacy Principles guidelines: Privacy Act 1988. 2015 [Accessed 16 January 2023].
  5. Australian Government, Attorney-General. Parliament approves Government’s privacy penalty bill. 2022 [Accessed 16 January 2023].
  6. Medical Board of Australia, AHPRA. Good medical practice: A code of conduct for doctors in Australia. 2020 [Accessed 16 January 2023].
  7. Australian Government, Office of the Australian Information Commissioner. Business resource. Chapter 9: Research. 2019 [Accessed 16 January 2023].
  8. Australian Government, Office of the Australian Information Commissioner. Chapter 5: APP 5 – Notification of the collection of personal information. 2019 [Accessed 8 November 2022].
  9. Australian Medical Association. Frequently asked questions – Fees. [date unknown] [Accessed 8 November 2022].
  10. Australian Government, Office of the Australian Information Commissioner. Privacy for organisations: Trading in personal information. [date unknown] [Accessed 16 January 2023].
  11. National Health and Medical Research Council. Use and disclosure of genetic information to a patient’s genetic relatives under Section 95AA of the Privacy Act 1988 (Cth) – Guidelines for health practitioners in the private sector. 2014 [Accessed 16 January 2023].
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