Where the Commissioner has examined a proposed enactment under paragraph 27 (1) (b), subsections (2) and (3) of this section have effect. Using our simplified software and Compliance Coaches we give you everything you need for HIPAA compliance with all the guidance you need along the way. (2) Where the respondent to the determination is an agency that has the capacity to sue and be sued, an amount referred to in subsection (1) is recoverable as a debt due by the agency to the complainant. 59. (3) In any other case, the amount is recoverable as a debt due by the Commonwealth to the complainant. (b) it appears to the officer or Minister dealing with the request, or to a person reviewing under section 54 a decision refusing the request, that the person referred to in paragraph (a), or, if that person is deceased, the legal personal representative of that person, might reasonably wish to contend that the document, so far as it contains that information, is an exempt document under section 41; a decision to grant access under this Act to the document, so far as it contains that information, shall not be made unless, where it is reasonably practicable to do so having regard to all the circumstances, including the application of section 19: (c) the agency or Minister has given to that person or to the legal personal representative of that person, as the case may be, a reasonable opportunity of making submissions in support of a contention that the document, so far as it contains that information, is an exempt document under section 41; and. These principles apply to Australian Government and Australian Capital Territoryagencies or private sector organizations contracted to these governments, as well as to organizations and small businesses who provide a health service. For the purposes of this Act, an act or practice is an interference with the privacy of an individual if, and only if, the act or practice: (a) in the case of an act or practice engaged in by an agency (whether or not the agency is also a file number recipient)—breaches an Information Privacy Principle in relation to personal information that relates to the individual; (b) in the case of an act or practice engaged in by a file number recipient (whether or not the file number recipient is also an agency)—breaches a guideline under section 17 in relation to tax file number information that relates to the individual; or. (c) as a member or special member of the Australian Federal Police in the performance of his or her duties as such a member or special member; then, for the purposes of this Act, the file number recipient in relation to that record shall be taken to be: (d) if paragraph (a) applies—the person’s employer; (e) if paragraph (b) applies—the agency first referred to in that paragraph; and. Subject to subsection (3), where a record that contains tax file number information is in the possession or under the control of a person: Where a record that contains tax file number information is in the possession or under the control of a person for the purposes of the activities of, an unincorporated body, being a board, council, committee, sub-committee or other body established by or under a Commonwealth enactment for the purpose of assisting, or performing functions connected with, an agency, that agency shall be treated, for the purposes of this Act, as the file number recipient in relation to that record. Neither the Commissioner nor a person acting under his or her direction or authority is liable to an action, suit or proceeding in relation to an act done or omitted to be done in good faith in the exercise or purported exercise of any power or authority conferred by this Act. Individual complaints not precluded by representative complaints. 91. (9) The Commissioner may recommend to the Attorney-General of a State that an individual who has been, or is to be, required under this Act to give information or produce a document be given an undertaking under subsection (8). The Commissioner may administer an oath or affirmation to a person required under section 44 to attend before the Commissioner and may examine such a person on oath or affirmation. (c) any act or course of conduct the subject of a declaration included in the determination under subparagraph 52 (1) (b) (ii) is performed in accordance with the determination. Where a determination to which this Division applies is made on a complaint to which an agency is the respondent: (a) the agency shall not repeat or continue the conduct the subject of a declaration included in the determination under subparagraph 52 (1) (b) (i); and. There shall be a Privacy Commissioner, who shall be appointed by the Governor-General. A person is not liable to a penalty under the provisions of any other enactment because he or she gives information, produces a document or answers a question when required to do so under this Division. 76. 24. Power to make, and effect of, determinations. (1) The National Health and Medical Research Council may, with the approval of the Commissioner, issue guidelines for the protection of privacy in the conduct of medical research. Subsection (1) does not limit or restrict any other right that the confider has to relief in respect of the breach. (e) may serve a copy of the report on any person affected by the act or practice. (2) The Governor-General shall terminate the appointment of an appointed member if the member: (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member’s creditors or makes an assignment of the member’s remuneration for their benefit; (b) fails, without reasonable excuse, to comply with the member’s obligations under section 86; or. 3.      Saving of certain State and Territory laws, 5.      Interpretation of Information Privacy Principles, 7.      Acts and practices of agencies and file number recipients. (2) Where, before the Commissioner commences, or after the Commissioner has commenced, to investigate a matter to which a complaint relates, the Commissioner forms the opinion that: (a) a complaint relating to that matter has been, or could have been, made by the complainant: (i) to the Human Rights and Equal Opportunity Commission under Division 3 of Part II of the Human Rights and Equal Opportunity Commission Act 1986; or, (ii) to the Ombudsman under the Ombudsman Act 1976; or. The performance of a function of the Advisory Committee is not affected because of a vacancy or vacancies in the membership of the Advisory Committee. ‘Agency’ is defined to include ministers, departments, federal courts and other bodies established for a public purpose. 5.32 TFNs are unique numbers issued by the Australian Taxation Office (ATO) to identify individuals, companies and others who lodge income tax returns with the ATO. Where a record-keeper has possession or control of a record that contains personal information, the individual concerned shall be entitled to have access to that record, except to the extent that the record-keeper is required or authorised to refuse to provide the individual with access to that record under the applicable provisions of any law of the Commonwealth that provides for access by persons to documents. “(1b) An application transferred under subsection (1a) shall be deemed to be a complaint made in writing to the Privacy Commissioner under Part V of the Privacy Act 1988. “(1c) In subsections (1a) and (1b), ‘Privacy Commissioner’ means the Privacy Commissioner within the meaning of the Privacy Act 1988”. Where, in the course of an investigation under section 40, the Commissioner forms the opinion that a tax file number offence may have been committed, the Commissioner shall: If, after having been informed of the Commissioner’s opinion under paragraph (1) (a), the Commissioner of Police or the Director of Public Prosecutions, as the case may be, decides that the matter will not be, or will no longer be, the subject of proceedings for an offence, he or she shall give a written notice to that effect to the Commissioner. (3) The Commissioner holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Governor-General. A person shall not refuse or fail, without reasonable excuse: For the purposes of subsections (3) to (11) (inclusive): Subject to subsections (4), (7) and (10), it is a reasonable excuse for the purposes of subsection (1) for an individual: Subsection (3) does not apply in relation to a failure or refusal by an individual to give information, or to produce a document, on the ground that giving the information or producing the document might tend to prove his or her guilt of an offence against, or make him or her liable to forfeiture or a penalty under, a law of the Commonwealth or of a Territory, if the Director of Public Prosecutions has given the individual a written undertaking under subsection (5). (2) Without limiting the generality of subsection (1), the report shall include a statement of the performance of the Commissioner’s functions under paragraphs 27 (1) (n) and 28 (1) (a) and (f). (3) Where an obligation of confidence exists with respect to personal information about a person other than the confider, whether the obligation arose under a contract or otherwise, the person to whom the information relates has the same rights against the confidant in respect of a breach or threatened breach of the obligation as the confider has. (e) an act done, or a practice engaged in, as the case may be, by a Minister in relation to a record that is in the Minister’s possession in his or her capacity as a Minister and relates to the affairs of an agency; but does not include a reference to an act done, or a practice engaged in, in relation to a record that has originated with, or has been received from: (g) the Defence Signals Directorate or the Joint Intelligence Organisation of the Department of Defence; or. Nothing in this Part prevents a person from making a complaint under subsection 36 (1) about an act or practice about which a representative complaint has been made. The Commissioner shall cause a copy of a determination to be served on the complainant and on the respondent. A record-keeper is not required under clause 1 of this Principle to give a person information if the record-keeper is required or authorised to refuse to give that information to the person under the applicable provisions of any law of the Commonwealth that provides for access by persons to documents. The individual may also have claims for the […] (b) the Commissioner is satisfied that the interests of persons affected by the act or practice would not be unreasonably prejudiced if the investigation or further investigation were deferred until the application had been disposed of. In the performance of his or her functions, and the exercise of his or her powers, under this Act, the Commissioner shall: (a) have due regard for the protection of important human rights and social interests that compete with privacy, including the general desirability of a free flow of information and the recognition of the right of government and business to achieve their objectives in an efficient way; (i) international obligations accepted by Australia, including those concerning the international technology of communications; and. Where the Commissioner, in the performance of the function referred to in paragraph 27 (1) (c), (j), (k) or (m) or 28 (1) (e) or (f) has monitored an activity or conducted an audit, the Commissioner may report to the Minister about that activity or audit, and shall do so if so directed by the Minister. Where a complaint has been made to the Commissioner, the Commissioner may, for the purpose of determining: (a) whether the Commissioner has power to investigate the matter to which the complaint relates; or. Application may be made to the Administrative Appeals Tribunal for review of: An agency or the principal executive of an agency may not apply under subsection (1) except with the leave of the Minister. The Australia Privacy Act of 1988 regulates the way in which business entities and federal government agencies must handle personal information. 49. (b) the act is done in the course of medical research and in accordance with guidelines under subsection (1); the act shall be regarded as not breaching that Information Privacy Principle. (2) Except so far as the contrary intention appears, a reference in this Act (other than section 8) to an act or to a practice includes, in the application of this Act otherwise than in respect of the Information Privacy Principles and the performance of the Commissioner’s functions under section 27, a reference to an act done, or a practice engaged in, as the case may be, by an agency specified in Schedule 2 to the Freedom of Information Act 1982 other than: (b) the Defence Signals Directorate or the Joint Intelligence Organisation of the Department of Defence; or. “Commissioner” means the Privacy Commissioner; “Commissioner of Police” means the Commissioner of Police appointed under the Australian Federal Police Act 1979; (i) the Northern Territory (Self-Government) Act 1978; or. Complainant and certain other persons to be informed of various matters. (b) no decision or recommendation to the effect that the record should be amended wholly or partly in accordance with that request has been made under the applicable provisions of a law of the Commonwealth; the record-keeper shall, if so requested by the individual concerned, take such steps (if any) as are reasonable in the circumstances to attach to the record any statement provided by that individual of the correction, deletion or addition sought. (3) A complaint transferred under subsection (2) shall be taken to be: (b) an application made to the Merit Protection Agency under section 47 of the Merit Protection Act; Effect of investigation by Auditor-General. (2) Subject to subsections (3), (4) and (5), where a record of personal information is in the possession or under the control of a person: (a) in the course of the person’s employment in the service of or by an agency other than the Australian Federal Police; or. 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