• The privacy laws that apply in each state and territory of Australia ensure that any private information about a person that is held by a government agency is protected.
• You need to check the relevant legislation in your state and territory as the rules are different in each jurisdiction.
• In the Australian Capital Territory (ACT) laws relating to privacy commenced in September 2014.
  • The ACT laws are focused on how personal information is managed by its public sector agencies.
  • Health record privacy complaints are handled by the ACT Human Rights Commission.

• In New South Wales (NSW) the Information and Privacy Commission is directly responsible for the privacy functions that are conferred by the legislation in that state.
  • In NSW these privacy laws protect privacy rights relating to data held by the public sector or a health service provider.

·         In the Northern Territory the Office of the Information Commissioner oversees the privacy provisions of the law enacted in the territory.

·         In Queensland the Office of the Information Commissioner is responsible for receiving privacy complaints as set down by the legislation in this state.

o   These laws also specifically govern the Queensland public sector.

·         South Australia (SA) law mandates that state government agencies comply with a set of Information Privacy Principles (IPPs).

o   SA has established a privacy committee to deal with complaints relating to all aspects of privacy.

·         In Tasmania the Ombudsman is responsible for investigating complaints under the legislation.

o   These laws govern organisations in the Tasmanian public sector such as the University of Tasmania.

·         In Victoria privacy laws were introduced in September 2014.

o   These new laws govern the management of all personal information with the exception of information relating to health.

o   They specifically extend protective data security in the public sector.

o   Complaints about the management of health information may be lodged with the Victorian Health Services Commissioner.

• Currently the Western Australian (WA) state public sector is not governed by privacy law.
  • Despite this the state does have confidentiality provisions that cover government agencies.
  • Some basic privacy principles are set down in legislation overseen by the Office of the Information Commissioner.