PRIVACY AND DATA PROTECTION ACT 2014 (NO. 60 OF 2014)
Table of Provisions
PART 1--PRELIMINARY
- 1 Purposes
- 2 Commencement
- 3 Definitions
- 4 Interpretation
- 5 Objects
- 6 Relationship of this Act to other laws
- 7 Rights and liabilities
- 8 Act binds the Crown
PART 2--APPLICATION OF THIS ACT
- 9 Definition
- 10 Courts, tribunals etc.
- 11 Parliamentary Committees
- 12 Publicly-available information
PART 3--INFORMATION PRIVACY
Division 1--Application of this Part
- 13 Public sector organisations to which this Part applies
- 14 Exemption—Freedom of Information Act 1982
- 15 Exemption—law enforcement
- 16 What is an interference with privacy of an individual?
- 17 Effect of outsourcing
Division 2--Information Privacy Principles
- 18 Information Privacy Principles
- 19 Application of Information Privacy Principles
- 20 Organisations to comply with Information Privacy Principles
Division 3--Codes of practice
- 21 Codes of practice
- 22 Process for approval of code of practice or code amendment
- 23 Organisations bound by code of practice
- 24 Effect of approved code
- 25 Codes of practice register
- 26 Revocation of approval
- 27 Effect of revocation of approval or amendment or expiry of approved code
Division 4--Capacity to consent or make a request or exercise right of access
- 28 Capacity to consent or make a request or exercise right of access
Division 5--Public interest determinations and temporary public interest determinations
Subdivision 1--Public interest determinations- 29 Public interest determination
- 30 Application taken to be application for temporary public interest determination on request
- 31 Commissioner may make public interest determination
- 32 Effect of public interest determination
- 33 Duration of public interest determination
- 34 Amendment of public interest determination
- 35 Revocation of public interest determination
- 36 Reporting and review
- 37 Temporary public interest determination
- 38 Application for temporary public interest determination
- 39 Commissioner may make temporary public interest determination
- 40 Duration of temporary public interest determination
- 41 Revocation of temporary public interest determination Subdivision 3--Disallowance of determinations
- 42 Disallowance of determinations
Division 6--Information usage arrangements
- 43 Definitions
- 44 Approval of arrangement not required if information use otherwise permitted
- 45 Meaning of information usage arrangement
- 46 Parties to an information usage arrangement
- 47 Commissioner to consider information usage arrangement
- 48 Commissioner's report
- 49 Commissioner's certificate
- 50 Ministerial approval of information usage arrangement
- 51 Effect of approved information usage arrangement
- 52 Amendment of approved information usage arrangement
- 53 Revocation of approval of information usage arrangement
- 54 Reporting requirements for approved information usage arrangements
Division 7--Certification
- 55 Commissioner may certify consistency of act or practice
- 56 Review of decision to issue certificate
Division 8--Information privacy complaints
Subdivision 1--Making a complaint- 57 Complaints
- 58 Complaint referred to Commissioner
- 59 Complaints by minors
- 60 Complaints by people with a disability Subdivision 2--Procedure after a complaint is made
- 61 Commissioner must notify respondent
- 62 Circumstances in which Commissioner may decline to entertain complaint
- 63 Commissioner may refer complaint
- 64 Commissioner may dismiss stale complaint
- 65 Minister may refer a complaint direct to VCAT
- 66 What happens if conciliation is inappropriate? Subdivision 3--Conciliation of complaints
- 67 Conciliation process
- 68 Power to obtain information and documents
- 69 Conciliation agreements
- 70 Evidence of conciliation is inadmissible
- 71 What happens if conciliation fails? Subdivision 4--Interim orders
- 72 VCAT may make interim orders before hearing Subdivision 5--Jurisdiction of VCAT
- 73 When may VCAT hear a complaint?
- 74 Who are the parties to a proceeding?
- 75 Time limits for complaints referred by the Minister
- 76 Inspection of exempt documents by VCAT
- 77 What may VCAT decide?
Division 9--Enforcement of Information Privacy Principles and approved information usage arrangements
- 78 Compliance notice
- 79 Power to obtain information and documents
- 80 Power to examine witnesses
- 81 Protection against self-incrimination
- 82 Offence not to comply with compliance notice
- 83 Application for review
PART 4--PROTECTIVE DATA SECURITY
Division 1--Application of Part
- 84 Application of Part
Division 2--Protective data security framework
- 85 Commissioner to develop Victorian protective data security framework
Division 3--Protective data security standards
- 86 Commissioner may issue protective data security standards
- 87 Amendment, revocation or reissue of standards
- 88 Compliance with protective data security standards
Division 4--Protective data security plans
- 89 Protective data security plans
- 90 Exemption—Freedom of Information Act 1982
PART 5--LAW ENFORCEMENT DATA SECURITY
- 91 Application of Part
- 92 Commissioner may issue law enforcement data security standards
- 93 Inconsistency with protective data security standards
- 94 Compliance with law enforcement data security standards
PART 6--COMMISSIONER FOR PRIVACY AND DATA PROTECTION
Division 1--Appointment, terms and conditions
- 95 Commissioner for Privacy and Data Protection
- 96 Appointment
- 97 Remuneration and allowances
- 98 Terms and conditions
- 99 Vacancy and resignation
- 100 Suspension and removal from office
- 101 Acting Commissioner
- 102 Validity of acts and decisions
Division 2--Functions and powers
- 103 Functions of the Commissioner
- 104 General powers of the Commissioner
- 105 Commissioner to have regard to objects of Act
- 106 Commissioner may require access to data and data systems from public sector body Heads
- 107 Commissioner may require access to data and data systems from Chief Commissioner of Police
- 108 Commissioner may request access to crime statistics data
- 109 Commissioner may copy or take extracts from data
- 110 Public sector body Heads to provide assistance
- 111 Reports to the Minister and other reports
- 112 Disclosure during course of compliance audit—data security
- 113 Disclosure to the IBAC
Division 3--General provisions
PART 7--GENERAL
- 117 Protection from liability
- 118 Employees and agents
- 119 Fees for access
- 120 Secrecy
- 121 Commissioner to give notice before certain disclosures
- 122 Failure to attend before Commissioner
- 123 Offences by organisations or bodies
- 124 Prosecutions
- 125 Regulations
PART 8--REPEAL OF ACTS AND TRANSITIONAL AND SAVINGS PROVISIONS
- 126 Repeal of Information Privacy Act 2000
- 127 Repeal of Commissioner for Law Enforcement Data Security Act 2005
- 128 Transitional and savings provisions
PART 9--CONSEQUENTIAL AMENDMENTS
Division 1--Amendments relating to Victoria Police Act 2013
- 129 Definitions
- 130 Organisations to which this Part applies
- 131 Exemption—law enforcement
- 132 Application of Part
- 133 Compliance with law enforcement data security standards
- 134 Commissioner may require access to data and data systems from Chief Commissioner of Police
- 135 Employees and agents
- 136 Prosecutions
Division 2--Amendment relating to Legal Profession Uniform Law Application Act 2014
- 137 Inspection of exempt documents by VCAT
Division 3--Amendments to Victorian Civil and Administrative Tribunal Act 1998 and other consequential amendments
- 138 Part 11A of Schedule 1 repealed
- 139 New Part 16AA of Schedule 1 inserted
- 140 Consequential amendments to other Acts
Division 4--Repeal of Part and Schedule 3
- 141 Repeal of this Part and Schedule 3