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Privacy Law Changes

 

 

From 12 March 2014, the Australian Privacy Principles (APPs) will replace the National Privacy Principles
and Information Privacy Principles and will apply to organisations, and Australian Government (and Norfolk Island
Government) agencies.
This privacy fact sheet provides the text of the 13 APPs from Schedule 1 of the Privacy Amendment (Enhancing
Privacy Protection) Act 2012, which amends the Privacy Act 1988. For the latest versions of these Acts visit
the ComLaw website: www.comlaw.gov.au.
Part 1—Consideration of personal
information privacy
Australian Privacy Principle 1—open and
transparent management of personal
information
1.1 The object of this principle is to ensure that APP
entities manage personal information in an open
and transparent way.
Compliance with the Australian Privacy
Principles etc.
1.2 An APP entity must take such steps as are
reasonable in the circumstances to implement
practices, procedures and systems relating to the
entity’s functions or activities that:
(a) will ensure that the entity complies with the
Australian Privacy Principles and a registered
APP code (if any) that binds the entity; and
(b) will enable the entity to deal with inquiries
or complaints from individuals about the
entity’s compliance with the Australian
Privacy Principles or such a code.
APP Privacy policy
1.3 An APP entity must have a clearly expressed and
up to date policy (the APP privacy policy) about the
management of personal information by the entity.
1.4 Without limiting subclause 1.3, the APP privacy
policy of the APP entity must contain the following
information:
(a) the kinds of personal information that the
entity collects and holds;
(b) how the entity collects and holds personal
information;
(c) the purposes for which the entity collects,
holds, uses and discloses personal
information;
(d) how an individual may access personal
information about the individual that is held
by the entity and seek the correction of
such information;
(e) how an individual may complain about a
breach of the Australian Privacy Principles,
or a registered APP code (if any) that binds
the entity, and how the entity will deal with
such a complaint;
(f) whether the entity is likely to disclose
personal information to overseas recipients;
(g) if the entity is likely to disclose personal
information to overseas recipients—the
countries in which such recipients are likely
to be located if it is practicable to specify
those countries in the policy.
Availability of APP privacy policy etc.
1.5 An APP entity must take such steps as are
reasonable in the circumstances to make its APP
privacy policy available:
(a) free of charge; and
(b) in such form as is appropriate.
Note: An APP entity will usually make its APP privacy
policy available on the entity’s website.

1.6 If a person or body requests a copy of the APP
privacy policy of an APP entity in a particular form,
the entity must take such steps as are reasonable in
the circumstances to give the person or body a copy
in that form.
Australian Privacy Principle 2—anonymity and
pseudonymity
2.1 Individuals must have the option of not
identifying themselves, or of using a pseudonym,
when dealing with an APP entity in relation to a
particular matter.
2.2 Subclause 2.1 does not apply if, in relation to
that matter:
(a) the APP entity is required or authorised
by or under an Australian law, or a court/
tribunal order, to deal with individuals who
have identified themselves; or
(b) it is impracticable for the APP entity to deal
with individuals who have not identified
themselves or who have used a pseudonym.
Part 2—Collection of personal information
Australian Privacy Principle 3—collection of
solicited personal information
Personal information other than sensitive
information
3.1 If an APP entity is an agency, the entity must not
collect personal information (other than sensitive
information) unless the information is reasonably
necessary for, or directly related to, one or more of
the entity’s functions or activities.
3.2 If an APP entity is an organisation, the entity
must not collect personal information (other than
sensitive information) unless the information is
reasonably necessary for one or more of the entity’s
functions or activities.
Sensitive information
3.3 An APP entity must not collect sensitive
information about an individual unless:
(a) the individual consents to the collection of
the information and:
(i) if the entity is an agency—the
information is reasonably necessary for,
or directly related to, one or more of
the entity’s functions or activities; or
(ii) if the entity is an organisation—the
information is reasonably necessary for
one or more of the entity’s functions or
activities; or
(b) subclause 3.4 applies in relation to the
information.
3.4 This subclause applies in relation to sensitive
information about an individual if:
(a) the collection of the information is required
or authorised by or under an Australian law
or a court/tribunal order; or
(b) a permitted general situation exists in
relation to the collection of the information
by the APP entity; or
(c) the APP entity is an organisation and a
permitted health situation exists in relation
to the collection of the information by the
entity; or
(d) the APP entity is an enforcement body and
the entity reasonably believes that:
(i) if the entity is the Immigration
Department—the collection of the
information is reasonably necessary
for, or directly related to, one or
more enforcement related activities
conducted by, or on behalf of, the
entity; or
(ii) otherwise—the collection of the
information is reasonably necessary
for, or directly related to, one or more
of the entity’s functions or activities; or
(e) the APP entity is a non-profit organisation
and both of the following apply:
(i) the information relates to the activities
of the organisation;
(ii) the information relates solely to the
members of the organisation, or to
individuals who have regular contact
with the organisation in connection
with its activities.

1.6 If a person or body requests a copy of the APP
privacy policy of an APP entity in a particular form,
the entity must take such steps as are reasonable in
the circumstances to give the person or body a copy
in that form.
Australian Privacy Principle 2—anonymity and
pseudonymity
2.1 Individuals must have the option of not
identifying themselves, or of using a pseudonym,
when dealing with an APP entity in relation to a
particular matter.
2.2 Subclause 2.1 does not apply if, in relation to
that matter:
(a) the APP entity is required or authorised
by or under an Australian law, or a court/
tribunal order, to deal with individuals who
have identified themselves; or
(b) it is impracticable for the APP entity to deal
with individuals who have not identified
themselves or who have used a pseudonym.
Part 2—Collection of personal information
Australian Privacy Principle 3—collection of
solicited personal information
Personal information other than sensitive
information
3.1 If an APP entity is an agency, the entity must not
collect personal information (other than sensitive
information) unless the information is reasonably
necessary for, or directly related to, one or more of
the entity’s functions or activities.
3.2 If an APP entity is an organisation, the entity
must not collect personal information (other than
sensitive information) unless the information is
reasonably necessary for one or more of the entity’s
functions or activities.
Sensitive information
3.3 An APP entity must not collect sensitive
information about an individual unless:
(a) the individual consents to the collection of
the information and:
(i) if the entity is an agency—the
information is reasonably necessary for,
or directly related to, one or more of
the entity’s functions or activities; or
(ii) if the entity is an organisation—the
information is reasonably necessary for
one or more of the entity’s functions or
activities; or
(b) subclause 3.4 applies in relation to the
information.
3.4 This subclause applies in relation to sensitive
information about an individual if:
(a) the collection of the information is required
or authorised by or under an Australian law
or a court/tribunal order; or
(b) a permitted general situation exists in
relation to the collection of the information
by the APP entity; or
(c) the APP entity is an organisation and a
permitted health situation exists in relation
to the collection of the information by the
entity; or
(d) the APP entity is an enforcement body and
the entity reasonably believes that:
(i) if the entity is the Immigration
Department—the collection of the
information is reasonably necessary
for, or directly related to, one or
more enforcement related activities
conducted by, or on behalf of, the
entity; or
(ii) otherwise—the collection of the
information is reasonably necessary
for, or directly related to, one or more
of the entity’s functions or activities; or
(e) the APP entity is a non-profit organisation
and both of the following apply:
(i) the information relates to the activities
of the organisation;
(ii) the information relates solely to the
members of the organisation, or to
individuals who have regular contact
with the organisation in connection
with its activities.

or authorised (including the name of the
Australian law, or details of the court/
tribunal order, that requires or authorises
the collection);
(d) the purposes for which the APP entity
collects the personal information;
(e) the main consequences (if any) for the
individual if all or some of the personal
information is not collected by the APP
entity;
(f) any other APP entity, body or person, or
the types of any other APP entities, bodies
or persons, to which the APP entity usually
discloses personal information of the kind
collected by the entity;
(g) that the APP privacy policy of the APP
entity contains information about how
the individual may access the personal
information about the individual that is
held by the entity and seek the correction
of such information;
(h) that the APP privacy policy of the APP
entity contains information about how the
individual may complain about a breach
of the Australian Privacy Principles, or a
registered APP code (if any) that binds the
entity, and how the entity will deal with
such a complaint;
(i) whether the APP entity is likely to disclose
the personal information to overseas
recipients;
(j) if the APP entity is likely to disclose
the personal information to overseas
recipients—the countries in which such
recipients are likely to be located if it is
practicable to specify those countries in
the notification or to otherwise make the
individual aware of them.
Part 3—Dealing with personal
information
Australian Privacy Principle 6—use or
disclosure of personal information
Use or disclosure
6.1 If an APP entity holds personal information
about an individual that was collected for a
particular purpose (the primary purpose), the
entity must not use or disclose the information for
another purpose (the secondary purpose) unless:
(a) the individual has consented to the use or
disclosure of the information; or
(b) subclause 6.2 or 6.3 applies in relation to
the use or disclosure of the information.
Note: Australian Privacy Principle 8 sets out
requirements for the disclosure of personal
information to a person who is not in Australia or an
external Territory.
6.2 This subclause applies in relation to the use
or disclosure of personal information about an
individual if:
(a) the individual would reasonably expect the
APP entity to use or disclose the information
for the secondary purpose and the
secondary purpose is:
(i) if the information is sensitive
information—directly related to the
primary purpose; or
(ii) if the information is not sensitive
information—related to the primary
purpose; or
(b) the use or disclosure of the information
is required or authorised by or under an
Australian law or a court/tribunal order; or
(c) a permitted general situation exists in
relation to the use or disclosure of the
information by the APP entity; or
(d) the APP entity is an organisation and a
permitted health situation exists in relation
to the use or disclosure of the information
by the entity; or

(e) the APP entity reasonably believes that
the use or disclosure of the information
is reasonably necessary for one or more
enforcement related activities conducted
by, or on behalf of, an enforcement body.
Note: For permitted general situation, see section 16A.
For permitted health situation, see section 16B.
6.3 This subclause applies in relation to the
disclosure of personal information about an
individual by an APP entity that is an agency if:
(a) the agency is not an enforcement body; and
(b) the information is biometric information or
biometric templates; and
(c) the recipient of the information is an
enforcement body; and
(d) the disclosure is conducted in accordance
with the guidelines made by the
Commissioner for the purposes of this
paragraph.
6.4 If:
(a) the APP entity is an organisation; and
(b) subsection 16B(2) applied in relation to the
collection of the personal information by the
entity;
the entity must take such steps as are reasonable
in the circumstances to ensure that the information
is de-identified before the entity discloses it in
accordance with subclause 6.1 or 6.2.
Written note of use or disclosure
6.5 If an APP entity uses or discloses personal
information in accordance with paragraph 6.2(e),
the entity must make a written note of the use or
disclosure.
Related bodies corporate
6.6 If:
(a) an APP entity is a body corporate; and
(b) the entity collects personal information
from a related body corporate;
this principle applies as if the entity’s primary
purpose for the collection of the information were
the primary purpose for which the related body
corporate collected the information.
Exceptions
6.7 This principle does not apply to the use or
disclosure by an organisation of:
(a) personal information for the purpose of
direct marketing; or
(b) government related identifiers.
Australian Privacy Principle 7—direct marketing
Direct marketing
7.1 If an organisation holds personal information
about an individual, the organisation must not use
or disclose the information for the purpose of direct
marketing.
Note: An act or practice of an agency may be
treated as an act or practice of an organisation, see
section 7A.
Exceptions—personal information other than
sensitive information
7.2 Despite subclause 7.1, an organisation may
use or disclose personal information (other than
sensitive information) about an individual for the
purpose of direct marketing if:
(a) the organisation collected the information
from the individual; and
(b) the individual would reasonably expect
the organisation to use or disclose the
information for that purpose; and
(c) the organisation provides a simple means by
which the individual may easily request not
to receive direct marketing communications
from the organisation; and
(d) the individual has not made such a request
to the organisation.

7.3 Despite subclause 7.1, an organisation may
use or disclose personal information (other than
sensitive information) about an individual for the
purpose of direct marketing if:
(a) the organisation collected the information
from:
(i) the individual and the individual
would not reasonably expect the
organisation to use or disclose the
information for that purpose; or
(ii) someone other than the individual;
and
(b) either:
(i) the individual has consented to the
use or disclosure of the information
for that purpose; or
(ii) it is impracticable to obtain that
consent; and
(c) the organisation provides a simple means by
which the individual may easily request not
to receive direct marketing communications
from the organisation; and
(d) in each direct marketing communication
with the individual:
(i) the organisation includes a prominent
statement that the individual may
make such a request; or
(ii) the organisation otherwise draws
the individual’s attention to the fact
that the individual may make such a
request; and
(e) the individual has not made such a request
to the organisation.
Exception—sensitive information
7.4 Despite subclause 7.1, an organisation may use
or disclose sensitive information about an individual
for the purpose of direct marketing if the individual
has consented to the use or disclosure of the
information for that purpose.
Exception—contracted service providers
7.5 Despite subclause 7.1, an organisation may use
or disclose personal information for the purpose of
direct marketing if:
(a) the organisation is a contracted service
provider for a Commonwealth contract; and
(b) the organisation collected the information
for the purpose of meeting (directly or
indirectly) an obligation under the contract;
and
(c) the use or disclosure is necessary to meet
(directly or indirectly) such an obligation.
Individual may request not to receive direct
marketing communications etc.
7.6 If an organisation (the first organisation) uses or
discloses personal information about an individual:
(a) for the purpose of direct marketing by the
first organisation; or
(b) for the purpose of facilitating direct
marketing by other organisations;
the individual may:
(c) if paragraph (a) applies—request not to
receive direct marketing communications
from the first organisation; and
(d) if paragraph (b) applies—request the
organisation not to use or disclose the
information for the purpose referred to in
that paragraph; and
(e) request the first organisation to provide its
source of the information.
7.7 If an individual makes a request under
subclause 7.6, the first organisation must not charge
the individual for the making of, or to give effect to,
the request and:
(a) if the request is of a kind referred to in
paragraph 7.6(c) or (d)—the first organisation
must give effect to the request within a
reasonable period after the request is made;
andPrivacy fact sheet 17 – Australian Privacy Principles 7
(b) if the request is of a kind referred to
in paragraph 7.6(e)—the organisation
must, within a reasonable period after
the request is made, notify the individual
of its source unless it is impracticable or
unreasonable to do so.
Interaction with other legislation
7.8 This principle does not apply to the extent that
any of the following apply:
(a) the Do Not Call Register Act 2006;
(b) the Spam Act 2003;
(c) any other Act of the Commonwealth, or a
Norfolk Island enactment, prescribed by the
regulations.
Australian Privacy Principle 8—cross-border
disclosure of personal information
8.1 Before an APP entity discloses personal
information about an individual to a person (the
overseas recipient):
(a) who is not in Australia or an external
Territory; and
(b) who is not the entity or the individual;
the entity must take such steps as are reasonable
in the circumstances to ensure that the overseas
recipient does not breach the Australian Privacy
Principles (other than Australian Privacy Principle 1)
in relation to the information.
Note: In certain circumstances, an act done, or a
practice engaged in, by the overseas recipient is
taken, under section 16C, to have been done, or
engaged in, by the APP entity and to be a breach of
the Australian Privacy Principles.
8.2 Subclause 8.1 does not apply to the disclosure
of personal information about an individual by an
APP entity to the overseas recipient if:
(a) the entity reasonably believes that:
(i) the recipient of the information is
subject to a law, or binding scheme,
that has the effect of protecting the
information in a way that, overall, is at
least substantially similar to the way in
which the Australian Privacy Principles
protect the information; and
(ii) there are mechanisms that the
individual can access to take action to
enforce that protection of the law or
binding scheme; or
(b) both of the following apply:
(i) the entity expressly informs the
individual that if he or she consents
to the disclosure of the information,
subclause 8.1 will not apply to the
disclosure;
(ii) after being so informed, the individual
consents to the disclosure; or
(c) the disclosure of the information is required
or authorised by or under an Australian law
or a court/tribunal order; or
(d) a permitted general situation (other than
the situation referred to in item 4 or 5 of the
table in subsection 16A(1)) exists in relation
to the disclosure of the information by the
APP entity; or
(e) the entity is an agency and the disclosure
of the information is required or authorised
by or under an international agreement
relating to information sharing to which
Australia is a party; or
(f) the entity is an agency and both of the
following apply:
(i) the entity reasonably believes that
the disclosure of the information
is reasonably necessary for one or
more enforcement related activities
conducted by, or on behalf of, an
enforcement body;
(ii) the recipient is a body that performs
functions, or exercises powers, that are
similar to those performed or exercised
by an enforcement body.
Note: For permitted general situation, see section 16A.Privacy fact sheet 17 – Australian Privacy Principles 8
Australian Privacy Principle 9—adoption, use or
disclosure of government related identifiers
Adoption of government related identifiers
9.1 An organisation must not adopt a government
related identifier of an individual as its own
identifier of the individual unless:
(a) the adoption of the government related
identifier is required or authorised by or
under an Australian law or a court/tribunal
order; or
(b) subclause 9.3 applies in relation to the
adoption.
Note: An act or practice of an agency may be treated
as an act or practice of an organisation, see section 7A.
Use or disclosure of government related
identifiers
9.2 An organisation must not use or disclose a
government related identifier of an individual
unless:
(a) the use or disclosure of the identifier is
reasonably necessary for the organisation to
verify the identity of the individual for the
purposes of the organisation’s activities or
functions; or
(b) the use or disclosure of the identifier is
reasonably necessary for the organisation to
fulfil its obligations to an agency or a State
or Territory authority; or
(c) the use or disclosure of the identifier is
required or authorised by or under an
Australian law or a court/tribunal order; or
(d) a permitted general situation (other than
the situation referred to in item 4 or 5 of the
table in subsection 16A(1)) exists in relation
to the use or disclosure of the identifier; or
(e) the organisation reasonably believes that
the use or disclosure of the identifier is
reasonably necessary for one or more
enforcement related activities conducted
by, or on behalf of, an enforcement body; or
(f) subclause 9.3 applies in relation to the use
or disclosure.
Note 1: An act or practice of an agency may be
treated as an act or practice of an organisation, see
section 7A.
Note 2: For permitted general situation, see
section 16A.
Regulations about adoption, use or disclosure
9.3 This subclause applies in relation to the
adoption, use or disclosure by an organisation of a
government related identifier of an individual if:
(a) the identifier is prescribed by the
regulations; and
(b) the organisation is prescribed by the
regulations, or is included in a class of
organisations prescribed by the regulations;
and
(c) the adoption, use or disclosure occurs
in the circumstances prescribed by the
regulations.
Note: There are prerequisites that must be satisfied
before the matters mentioned in this subclause are
prescribed, see subsections 100(2) and (3).
Part 4—Integrity of personal information
Australian Privacy Principle 10—quality of
personal information
10.1 An APP entity must take such steps (if any) as
are reasonable in the circumstances to ensure that
the personal information that the entity collects is
accurate, up to date and complete.
10.2 An APP entity must take such steps (if any) as
are reasonable in the circumstances to ensure that
the personal information that the entity uses or
discloses is, having regard to the purpose of the use
or disclosure, accurate, up to date, complete and
relevant.
Australian Privacy Principle 11—security of
personal information
11.1 If an APP entity holds personal information, the
entity must take such steps as are reasonable in the
circumstances to protect the information:Privacy fact sheet 17 – Australian Privacy Principles 9
(a) from misuse, interference and loss; and
(b) from unauthorised access, modification or
disclosure.
11.2 If:
(a) an APP entity holds personal information
about an individual; and
(b) the entity no longer needs the information
for any purpose for which the information
may be used or disclosed by the entity
under this Schedule; and
(c) the information is not contained in a
Commonwealth record; and
(d) the entity is not required by or under an
Australian law, or a court/tribunal order, to
retain the information;
the entity must take such steps as are reasonable in
the circumstances to destroy the information or to
ensure that the information is de-identified.
Part 5—Access to, and correction of,
personal information
Australian Privacy Principle 12—access to
personal information
Access
12.1 If an APP entity holds personal information
about an individual, the entity must, on request
by the individual, give the individual access to the
information.
Exception to access—agency
12.2 If:
(a) the APP entity is an agency; and
(b) the entity is required or authorised to
refuse to give the individual access to the
personal information by or under:
(i) the Freedom of Information Act; or
(ii) any other Act of the Commonwealth,
or a Norfolk Island enactment, that
provides for access by persons to
documents;
then, despite subclause 12.1, the entity is not
required to give access to the extent that the entity
is required or authorised to refuse to give access.
Exception to access—organisation
12.3 If the APP entity is an organisation then,
despite subclause 12.1, the entity is not required
to give the individual access to the personal
information to the extent that:
(a) the entity reasonably believes that giving
access would pose a serious threat to the
life, health or safety of any individual, or to
public health or public safety; or
(b) giving access would have an unreasonable
impact on the privacy of other individuals; or
(c) the request for access is frivolous or
vexatious; or
(d) the information relates to existing or
anticipated legal proceedings between the
entity and the individual, and would not be
accessible by the process of discovery in
those proceedings; or
(e) giving access would reveal the intentions of
the entity in relation to negotiations with
the individual in such a way as to prejudice
those negotiations; or
(f) giving access would be unlawful; or
(g) denying access is required or authorised
by or under an Australian law or a court/
tribunal order; or
(h) both of the following apply:
(i) the entity has reason to suspect that
unlawful activity, or misconduct of
a serious nature, that relates to the
entity’s functions or activities has been,
is being or may be engaged in;
(ii) giving access would be likely to
prejudice the taking of appropriate
action in relation to the matter; or
(i) giving access would be likely to prejudice
one or more enforcement related
activities conducted by, or on behalf of, an
enforcement body; orPrivacy fact sheet 17 – Australian Privacy Principles 10
(j) giving access would reveal evaluative
information generated within the entity in
connection with a commercially sensitive
decision-making process.
Dealing with requests for access
12.4 The APP entity must:
(a) respond to the request for access to the
personal information:
(i) if the entity is an agency—within 30
days after the request is made; or
(ii) if the entity is an organisation—within
a reasonable period after the request is
made; and
(b) give access to the information in the
manner requested by the individual, if it is
reasonable and practicable to do so.
Other means of access
12.5 If the APP entity refuses:
(a) to give access to the personal information
because of subclause 12.2 or 12.3; or
(b) to give access in the manner requested by
the individual;
the entity must take such steps (if any) as are
reasonable in the circumstances to give access in
a way that meets the needs of the entity and the
individual.
12.6 Without limiting subclause 12.5, access may
be given through the use of a mutually agreed
intermediary.
Access charges
12.7 If the APP entity is an agency, the entity
must not charge the individual for the making of
the request or for giving access to the personal
information.
12.8 If:
(a) the APP entity is an organisation; and
(b) the entity charges the individual for giving
access to the personal information;
the charge must not be excessive and must not
apply to the making of the request.
Refusal to give access
12.9 If the APP entity refuses to give access to the
personal information because of subclause 12.2 or
12.3, or to give access in the manner requested by
the individual, the entity must give the individual a
written notice that sets out:
(a) the reasons for the refusal except to the
extent that, having regard to the grounds for
the refusal, it would be unreasonable to do
so; and
(b) the mechanisms available to complain
about the refusal; and
(c) any other matter prescribed by the
regulations.
12.10 If the APP entity refuses to give access to
the personal information because of paragraph
12.3(j), the reasons for the refusal may include an
explanation for the commercially sensitive decision.
Australian Privacy Principle 13—correction of
personal information
Correction
13.1 If:
(a) an APP entity holds personal information
about an individual; and
(b) either:
(i) the entity is satisfied that, having
regard to a purpose for which the
information is held, the information
is inaccurate, out of date, incomplete,
irrelevant or misleading; or
(ii) the individual requests the entity to
correct the information;
the entity must take such steps (if any) as are
reasonable in the circumstances to correct that
information to ensure that, having regard to the
purpose for which it is held, the information is
accurate, up to date, complete, relevant and not
misleading.Privacy fact sheet 17 – Australian Privacy Principles 11
Notification of correction to third parties
13.2 If:
(a) the APP entity corrects personal information
about an individual that the entity previously
disclosed to another APP entity; and
(b) the individual requests the entity to notify
the other APP entity of the correction;
the entity must take such steps (if any) as are
reasonable in the circumstances to give that
notification unless it is impracticable or unlawful
to do so.
Refusal to correct information
13.3 If the APP entity refuses to correct the
personal information as requested by the individual,
the entity must give the individual a written notice
that sets out:
(a) the reasons for the refusal except to the
extent that it would be unreasonable to do
so; and
(b) the mechanisms available to complain
about the refusal; and
(c) any other matter prescribed by the
regulations.
Request to associate a statement
13.4 If:
(a) the APP entity refuses to correct the personal
information as requested by the individual;
and
(b) the individual requests the entity to associate
with the information a statement that
the information is inaccurate, out of date,
incomplete, irrelevant or misleading;
the entity must take such steps as are reasonable
in the circumstances to associate the statement in
such a way that will make the statement apparent
to users of the information.
Dealing with requests
13.5 If a request is made under subclause 13.1 or
13.4, the APP entity:
(a) must respond to the request:
(i) if the entity is an agency—within 30
days after the request is made; or
(ii) if the entity is an organisation—within
a reasonable period after the request is
made; and
(b) must not charge the individual for the
making of the request, for correcting the
personal information or for associating the
statement with the personal information (as
the case may be).
The information provided in this fact sheet is of a
general nature. It is not a substitute for legal advice.
For further information
telephone: 1300 363 992
email: enquiries@oaic.gov.au
write: GPO Box 5218, Sydney NSW 2001
GPO Box 2999, Canberra ACT 2601
or visit our website at www.oaic.gov.au