Privacy Regulation 2013
Select Legislative Instrument No. 262, 2013
made under the
Privacy Act 1988
Compilation No. 6
Compilation date: 13 November 2015
Includes amendments up to: SLI No. 180, 2015
Registered: 16 November 2015
About this compilation
This compilation
This is a compilation of the Privacy Regulation 2013 that shows the text of the law as amended and in force on 13 November 2015 (the compilation date).
This compilation was prepared on 13 November 2015.
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on ComLaw (www.comlaw.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on ComLaw for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on ComLaw for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
1 Name of regulation
3 Authority
4 Schedule(s)
5 Definitions
6 Consumer credit liability information
7 Small business operators treated as organisations
8 State authorities treated as organisations
9 State instrumentality treated as an organisation
10 Meaning of credit provider
11 Meaning of credit reporting business
12 Meaning of repayment history information
13 Agencies to be treated as organisations
13AA Use or disclosure of credit reporting information
13A Permitted disclosure of credit information by commercial credit providers
14 Permitted disclosure of credit information to a credit reporting body
Part 2—Australian Privacy Principles
15 Exceptions to Australian Privacy Principle 9.1
16 Exceptions to Australian Privacy Principle 9.2
17 Exceptions to Australian Privacy Principle 9.2—Centrelink Confirmation eServices (customer confirmation and income confirmation)
18 Exceptions to Australian Privacy Principle 9.2—Centrelink Confirmation eServices (superannuation confirmation)
Part 3—Privacy Advisory Committee
20 Travelling allowance—within Australia
Part 4—Secrecy
21 Designated secrecy provisions
Part 5—Transitional
22 Transitional
23 Membership of recognised external dispute resolution schemes
Schedule 1—Agencies
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
This regulation is the Privacy Regulation 2013.
This regulation is made under the Privacy Act 1988.
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
In this regulation:
Act means the Privacy Act 1988.
agency means an agency that is:
(a) an agency within the meaning of subsection 6(1) of the Act; or
(b) an agency mentioned in:
(i) Schedule 1; or
(ii) Schedule 1 to the Financial Management and Accountability Regulations 1997; or
(iii) subregulation 4(1) of the Commonwealth Authorities and Companies Regulations 1997; or
(iv) Part 1 of Schedule 1 to the Commonwealth Authorities and Companies Regulations 1997; or
(c) an agency in relation to which the Minister is satisfied that the events mentioned in paragraphs 100(2)(a) and (b) of the Act have occurred.
Ausgrid means the body established by the Energy Services Corporations Act 1995 (NSW).
AustralianSuper means AustralianSuper Pty Ltd, ABN 65 714 394 898, and includes a payroll contractor of AustralianSuper.
AvSuper means AvSuper Pty Ltd, ABN 84 421 446 069, and includes a payroll contractor of AvSuper.
Centrelink Confirmation eServices scheme means the scheme of that name that is administered by the Human Services Department.
Centrelink program has the meaning given by section 40 of the Human Services (Centrelink) Act 1997.
Customer Reference Number means the number assigned to an individual, in relation to a Centrelink program, by the Department administered by the Minister who administers the Human Services (Centrelink) Act 1997.
DVA File Number means the file number assigned to an individual by the Department administered by the Minister who administers the Veterans’ Entitlements Act 1986.
DVA unique identification number means the unique identification number assigned to an individual by the Department administered by the Minister who administers the Veterans’ Entitlements Act 1986.
Endeavour Energy means the body established by the Energy Services Corporations Act 1995 (NSW).
Essential Energy means the body established by the Energy Services Corporations Act 1995 (NSW).
HomeStart Finance means the body established by regulation 4 of the Housing and Urban Development (Administrative Arrangements) (HomeStart Finance) Regulations 1995 (SA).
Human Services Department means the Department administered by the Human Services Minister.
Human Services Minister means the Minister administering the Human Services (Centrelink) Act 1997.
payroll contractor, of an organisation (the principal organisation), means an organisation that is responsible, under a contract, for processing, on behalf of the principal organisation, any payments received by, or on behalf of, the principal organisation from an agency, its agent or its contracted service provider for the benefit of an individual employed, or formerly employed, by the agency.
payroll number, assigned to an individual by an agency, means the identifier assigned to the individual by the agency, its agent or its contracted service provider for the purpose of providing salary and other employment benefits to the individual.
residential tenancy database means a database that:
(a) stores personal information in relation to an individual’s occupation of residential premises as a tenant; and
(b) can be accessed by a person other than the operator of the database or a person acting for the operator.
6 Consumer credit liability information
For paragraph (e) of the definition of consumer credit liability information in subsection 6(1) of the Act, the terms or conditions of the consumer credit are the following:
(a) how the principal and interest on the consumer credit are to be paid, namely whether:
(i) the principal and interest are to be paid in full; or
(ii) the principal and interest are to be paid, leaving a residual unpaid amount of principal and interest at the end of the term of the consumer credit; or
(iii) only the interest is to be paid;
(b) whether the term of the consumer credit is fixed or revolving;
(c) if the term of the consumer credit is fixed—the length of the term;
(d) whether the individual is a guarantor to another individual in relation to the other individual’s credit;
(e) whether the consumer credit is secured or unsecured;
(f) any variation to any of the terms or conditions mentioned in paragraphs (a) to (e).
7 Small business operators treated as organisations
(1) For subsection 6E(2) of the Act, a small business operator that operates a residential tenancy database is prescribed.
(2) For subsection 6E(2) of the Act, the following acts or practices of a small business operator of the kind mentioned in subsection (1) are prescribed:
(a) an act done, or a practice engaged in, in connection with collecting personal information for the purpose of establishing or maintaining a residential tenancy database;
(b) an act done, or a practice engaged in, in connection with maintaining personal information on a residential tenancy database;
(c) an act done, or a practice engaged in, in connection with using or disclosing personal information that is stored on a residential tenancy database.
8 State authorities treated as organisations
For subsection 6F(1) of the Act, the following authorities of New South Wales are prescribed:
(a) Essential Energy;
(b) Ausgrid;
(c) Endeavour Energy.
9 State instrumentality treated as an organisation
(1) For subsection 6F(1) of the Act, HomeStart Finance, an authority of South Australia, is prescribed.
(2) Australian Privacy Principle 11.2 does not apply to HomeStart Finance.
(1) For subparagraph 6G(1)(d)(ii) of the Act, the following agencies, organisations or small business operators are prescribed as credit providers:
(a) Indigenous Business Australia;
(b) Export Finance and Insurance Corporation.
(2) For subsection 6G(6) of the Act, an organisation or small business operator is not a credit provider in relation to an individual if the organisation or small business operator acts in the capacity of a current or prospective landlord of the individual.
11 Meaning of credit reporting business
(1) For subsection 6P(4) of the Act, a business or undertaking is not a credit reporting business if the business or undertaking is in a class of businesses or undertakings that:
(a) provides personal information to a credit provider; and
(b) provides the information to:
(i) verify an individual’s identity; or
(ii) validate other information relating to the individual’s financial position (such as real property assets) that the individual provides to the credit provider.
(2) A class of businesses or undertakings complies with paragraph (1)(b) if the class of businesses or undertakings:
(a) compiles information about the individual from sources, including publicly available sources; and
(b) provides the information to the credit provider to assist the credit provider to:
(i) verify the individual’s identity; or
(ii) verify that the individual owns the real estate or other assets that the individual claims to own; or
(iii) validate the individual’s claimed financial position (in relation to the value of the individual’s assets).
12 Meaning of repayment history information
For paragraph 6V(2)(a) of the Act, an individual will be taken to have not met an obligation to make a monthly payment that is due and payable in relation to consumer credit if the individual misses any or all repayments due in a month, irrespective of the actual payment cycle for that obligation.
13 Agencies to be treated as organisations
For subsection 7A(2) of the Act, the Australian Government Solicitor is prescribed.
13AA Use or disclosure of credit reporting information
For paragraph 20E(4)(a) of the Act, Indigenous Business Australia is prescribed.
13A Permitted disclosure of credit information by commercial credit providers
For subparagraph 21D(2)(a)(i) of the Act, a credit provider is prescribed if:
(a) the credit provider discloses credit information; and
(b) the disclosure is made in connection with the provision of commercial credit.
14 Permitted disclosure of credit information to a credit reporting body
For subparagraphs 21D(2)(a)(i) and 21D(3)(c)(i) of the Act, Indigenous Business Australia is prescribed.
Part 2—Australian Privacy Principles
15 Exceptions to Australian Privacy Principle 9.1
For subclause 9.3 of the Australian Privacy Principles:
(a) AvSuper is a prescribed organisation; and
(b) the payroll number assigned to an individual by Airservices Australia, or the Civil Aviation Safety Authority, is a prescribed identifier; and
(c) the prescribed circumstance is that the payroll number is adopted by AvSuper to provide a superannuation service to the individual.
16 Exceptions to Australian Privacy Principle 9.2
For subclause 9.3 of the Australian Privacy Principles:
(a) AustralianSuper and AvSuper are each a prescribed organisation; and
(b) the payroll number assigned to an individual by an agency is a prescribed identifier; and
(c) the prescribed circumstance is that the payroll number is used or disclosed by AustralianSuper or AvSuper to provide a superannuation service to the individual.
(1) For subclause 9.3 of the Australian Privacy Principles:
(a) each of the following is a prescribed identifier:
(i) a Customer Reference Number;
(ii) a DVA file number;
(iii) a DVA unique identification number; and
(b) an organisation is a prescribed organisation if the organisation:
(i) is a participant in the Centrelink Confirmation eServices scheme; and
(ii) is included in a class of organisations set out in the table in subsection (2); and
(c) the prescribed circumstance is that a prescribed organisation uses or discloses an individual’s prescribed identifier, with the individual’s consent, to access services provided under the Centrelink Confirmation eServices scheme to enquire whether the individual is entitled to receive a concession, service or assistance.
(2) The classes of organisations are set out in the following table:
Classes of organisations that can use or disclose Customer Reference Numbers, DVA File Numbers and DVA unique identification numbers | |
Item | Class of organisation |
1 | Organisations that provide healthcare services or healthcare products, including any of the following: (a) hospitals; (b) providers of hearing products and hearing services; (c) providers of disability support services; (d) providers of counselling and mental health services; (e) providers of drug treatment and rehabilitation services. |
2 | Organisations that are education providers, including any of the following: (a) pre‑schools, primary schools and secondary schools; (b) providers of childcare services; (c) universities, TAFE, community colleges and other tertiary education providers; (d) adult education providers; (e) organisations that provide administrative services to education providers. |
3 | Organisations that provide any of the following: (a) electricity; (b) gas; (c) water; (d) telecommunications services; (e) broadband internet services. |
4 | Organisations that provide passenger rail services. |
5 | Organisations that provide motor vehicle roadside assistance services. |
6 | Organisations that provide trustee services. |
7 | Organisations that provide welfare services, including any of the following: (a) advocacy organisations; (b) organisations that provide assistance to: (i) elderly persons; or (ii) disabled persons; or (iii) immigrants and refugees; or (iv) Indigenous Australians; or (v) families; or (vi) children; or (vii) persons impacted by domestic violence; or (viii) homeless persons; or (ix) prisoners. |
8 | Organisations that provide free or subsidised social housing, facilities management services, mortgages or accommodation services to any of the following: (a) socially or economically disadvantaged persons; (b) elderly persons; (c) disabled persons; (d) Indigenous Australians. |
9 | Organisations that provide legal aid services, including any of the following: (a) legal aid organisations operated by the Commonwealth government, or the government of a State or Territory; (b) legal practitioners who provide services for or on behalf of legal aid organisations; (c) a court of the Commonwealth, a State or a Territory. |
10 | Organisations that provide services on behalf of local government. |
11 | Organisations that provide any of the following: (a) financial planning services; (b) financial products and services (including brokers); (c) insurance products and services; (d) banking services and loans as a credit union; (e) subsidised or reduced interest loans. |
For subclause 9.3 of the Australian Privacy Principles:
(a) a Customer Reference Number is a prescribed identifier; and
(b) an organisation is a prescribed organisation if the organisation:
(i) is a participant in the Centrelink Confirmation eServices scheme; and
(ii) provides superannuation products and services; and
(c) the prescribed circumstance is that a prescribed organisation uses or discloses an individual’s prescribed identifier, with the individual’s consent, to access services provided under the Centrelink Confirmation eServices scheme to enquire whether the individual is entitled to the early release of superannuation on the ground of financial hardship.
Part 3—Privacy Advisory Committee
20 Travelling allowance—within Australia
For section 88 of the Act, the travelling allowance payable to an appointed member is:
(a) the amount that would be payable to the member if clause 3.3 of the Remuneration Tribunal Determination 2004/03 applied; or
(b) the amount that would be payable to the member if clause 3.4 of the Remuneration Tribunal Determination 2004/03 applied, at the tier 2 rate.
21 Designated secrecy provisions
For paragraph 80P(7)(d) of the Act, the following provisions of the Census and Statistics Act 1905 are prescribed:
(a) section 19;
(b) section 19A.
For item 19 of Schedule 6 to the Privacy Amendment (Enhancing Privacy Protection) Act 2012, section 18K of the Act applies to information mentioned in that section that has not been disclosed on or after 12 March 2014 and before 1 April 2014.
23 Membership of recognised external dispute resolution schemes
Energy utilities and water utilities
(1) For item 19 of Schedule 6 to the Privacy Amendment (Enhancing Privacy Protection) Act 2012, subparagraph 21D(2)(a)(i) of the Privacy Act 1988 does not apply in relation to a disclosure of credit information by a credit provider that is:
(a) an entity that engages in the retail sale of electricity or gas services in Queensland, South Australia, Tasmania, the Australian Capital Territory or the Northern Territory; or
(b) an entity that engages in the retail sale of water, sewerage or drainage services in Queensland, South Australia, Tasmania, the Australian Capital Territory or the Northern Territory.
Repeal of section
(2) This section is repealed on 1 January 2016.
Note: See section 5.
Specified agencies | |
Item | Agency |
1 | Airservices Australia |
2 | Albury‑Wodonga Development Corporation |
3 | Anindilyakwa Land Council |
4 | Army and Air Force Canteen Service |
5 | Attorney‑General’s Department |
6 | Australia Council for the Arts |
7 | Australia Japan Foundation |
7A | Australian Aged Care Quality Agency |
8 | Australian Broadcasting Corporation |
9 | Australian Commission on Safety and Quality in Health Care |
10 | Australian Curriculum, Assessment and Reporting Authority |
11 | Australian Film Television and Radio School |
12 | Australian Fisheries Management Authority |
13 | Australian Hearing |
14 | Australian Heritage Council |
15 | Australian Industry Development Corporation |
16 | Australian Institute for Teaching and School Leadership Ltd |
17 | Australian Institute of Aboriginal and Torres Strait Islander Studies |
18 | Australian Maritime College |
19 | Australian Military Forces Relief Trust Fund |
20 | Australian National University |
21 | Australian Pesticides and Veterinary Medicines Authority |
22 | Australian Reinsurance Pool Corporation |
23 | Australian Renewable Energy Agency |
25 | Australian Sports Commission |
26 | Biosecurity Advisory Council |
27 | Central Land Council |
28 | Civil Aviation Safety Authority |
29 | Classification Board |
30 | Classification Review Board |
31 | Clean Energy Finance Corporation |
32 | Clean Energy Regulator |
33 | Coal Mining Industry (Long Service Leave Funding) Corporation |
34 | Commonwealth Superannuation Corporation |
35 | Cotton Research and Development Corporation |
36 | CRS Australia |
37 | Defence Force Retirement and Death Benefits Authority |
38 | Department of Agriculture |
39 | Department of Communications |
40 | Department of Defence |
41 | Department of Education |
42 | Department of Employment |
43 | Department of Finance |
44 | Department of Foreign Affairs and Trade |
45 | Department of Health |
46 | Department of Human Services |
47 | Department of Immigration and Border Protection |
48 | Department of Industry |
49 | Department of Infrastructure and Regional Development |
50 | Department of Parliamentary Services |
51 | Department of Social Services |
52 | Department of the Environment |
53 | Department of the House of Representatives |
54 | Department of the Prime Minister and Cabinet |
55 | Department of the Senate |
56 | Department of the Treasury |
57 | Department of Veterans’ Affairs |
58 | Fisheries Research and Development Corporation |
59 | Food Standards Australia New Zealand |
60 | Forest and Wood Products Australia |
61 | Grape and Wine Research and Development Corporation |
62 | Health Workforce Australia |
63 | Indigenous Business Australia |
64 | Indigenous Land Corporation |
65 | National Disability Insurance Scheme Launch Transition Agency |
66 | National Film and Sound Archive of Australia |
67 | National Library of Australia |
69 | National Native Title Tribunal |
70 | National Portrait Gallery of Australia |
71 | National Transport Commission |
72 | Northern Land Council |
73 | Parliamentary Budget Office |
74 | Private Health Insurance Administration Council |
75 | Repatriation Commission |
75A | Repatriation Medical Authority |
76 | Royal Australian Air Force Veterans’ Residences Trust Fund |
77 | Royal Australian Air Force Welfare Trust Fund |
78 | Royal Australian Navy Central Canteens Board |
79 | Royal Australian Navy Relief Trust Fund |
80 | Rural Industries Research and Development Corporation |
81 | Screen Australia |
83 | Special Broadcasting Service Corporation |
83A | Specialist Medical Review Council |
84 | Sugar Research and Development Corporation |
85 | Tiwi Land Council |
86 | Torres Strait Regional Authority |
87 | Veterans’ Review Board |
88 | Wheat Export Authority |
89 | Australian Grape and Wine Authority |
90 | Wreck Bay Aboriginal Community Council |
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnotes about misdescribed amendments and other matters are included in a compilation only as necessary.
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
A = Act | o = order(s) |
ad = added or inserted | Ord = Ordinance |
am = amended | orig = original |
amdt = amendment | par = paragraph(s)/subparagraph(s) |
c = clause(s) | /sub‑subparagraph(s) |
C[x] = Compilation No. x | pres = present |
Ch = Chapter(s) | prev = previous |
def = definition(s) | (prev…) = previously |
Dict = Dictionary | Pt = Part(s) |
disallowed = disallowed by Parliament | r = regulation(s)/rule(s) |
Div = Division(s) | Reg = Regulation/Regulations |
exp = expires/expired or ceases/ceased to have | reloc = relocated |
effect | renum = renumbered |
F = Federal Register of Legislative Instruments | rep = repealed |
gaz = gazette | rs = repealed and substituted |
LI = Legislative Instrument | s = section(s)/subsection(s) |
LIA = Legislative Instruments Act 2003 | Sch = Schedule(s) |
(md) = misdescribed amendment can be given | Sdiv = Subdivision(s) |
effect | SLI = Select Legislative Instrument |
(md not incorp) = misdescribed amendment | SR = Statutory Rules |
cannot be given effect | Sub‑Ch = Sub‑Chapter(s) |
mod = modified/modification | SubPt = Subpart(s) |
No. = Number(s) | underlining = whole or part not |
| commenced or to be commenced |
Number and year | FRLI registration | Commencement | Application, saving and transitional provisions |
262, 2013 | 17 Dec 2013 (F2013L02126) | 12 Mar 2014 (s 2) |
|
8, 2014 | 4 Mar 2014 (F2014L00219) | 12 Mar 2014 (s 2) | — |
70, 2014 | 13 June 2014 (F2014L00707) | Sch 2 (item 2): 1 July 2014 (s 2 item 3) | — |
10, 2015 | 2 Mar 2015 (F2015L00239) | 3 Mar 2015 (s 2) | — |
58, 2015 | 1 May 2015 (F2015L00629) | 2 May 2015 (s 2) | — |
95, 2015 | 26 June 2015 (F2015L00953) | Sch 1 (item 4): 1 July 2015 (s 2(1) item 1) | — |
180, 2015 | 12 Nov 2015 (F2015L01786) | 13 Nov 2015 (s 2(1) item 1) | — |
Provision affected | How affected |
Part 1 |
|
s 2..................... | rep LIA s 48D |
s 5..................... | am No 58, 2015 |
s 10.................... | am No 180, 2015 |
s 13AA.................. | ad No 180, 2015 |
s 13A................... | ad No 10, 2015 |
Part 2 |
|
s 17.................... | rs No 58, 2015 |
s 18.................... | rs No 58, 2015 |
s 19.................... | rep No 58, 2015 |
Part 5 |
|
s 23.................... | ad No 8, 2014 |
| am No 10, 2015 |
| rep 1 Jan 2016 (s 23(2)) |
Schedule 1 |
|
Schedule 1................ | am No 70, 2014; No 58, 2015; No 95, 2015 |
Schedule 2................ | rep No 58, 2015 |
Schedule 3................ | rep No 58, 2015 |
Schedule 4................ | rep No 58, 2015 |
Schedule 5................ | rep LIA s 48C |