VadeLab

Privacy Act 1988

Sections and provisions with full text and the judgments that cite each one.

Section 90 — Application of Part

(1) This Part applies where a person (in this Part called a confidant) is subject to an obligation of confidence to another person (in this Part called a confider) in respect of personal information,…

Section 91 — Effect of Part on other laws

This Part does not, except to the extent that it does so expressly or by necessary implication, limit or restrict the operation of any other law or of any principle or rule of the common law or of…

Section 92 — Extension of certain obligations of confidence

Where a person has acquired personal information about another person and the first-mentioned person knows or ought reasonably to know that the person from whom he or she acquired the information was…

Section 93 — Relief for breach etc. of certain obligations of confidence

(1) A confider may recover damages from a confidant in respect of a breach of an obligation of confidence with respect to personal information. (2) Subsection (1) does not limit or restrict any other…

Section 94 — Jurisdiction of courts

(1) The jurisdiction of the courts of the Australian Capital Territory extends to matters arising under this Part. (2) Subsection (1) does not deprive a court of a State or of another Territory of…

Section 94A — Schedule 2

(1) Schedule 2 has effect. (2) In determining the meaning of an expression used in a provision of this Act (other than Schedule 2), an expression used in Schedule 2 is to be disregarded. (3) In…

Section 95 — Medical research guidelines

(1) The CEO of the National Health and Medical Research Council may, with the approval of the Commissioner, issue guidelines for the protection of privacy by agencies in the conduct of medical…

Section 95A — Guidelines for Australian Privacy Principles about health information

Overview (1) This section allows the Commissioner to approve for the purposes of the Australian Privacy Principles guidelines that are issued by the CEO of the National Health and Medical Research…

Section 95AA — Guidelines for Australian Privacy Principles about genetic information

Overview (1) This section allows the Commissioner to approve for the purposes of the Australian Privacy Principles guidelines that are issued by the National Health and Medical Research Council.…

Section 95B — Requirements for Commonwealth contracts

(1) This section requires an agency entering into a Commonwealth contract to take contractual measures to ensure that a contracted service provider for the contract does not do an act, or engage in a…

Section 95C — Disclosure of certain provisions of Commonwealth contracts

If a person asks a party to a Commonwealth contract to be informed of the content of provisions (if any) of the contract that are inconsistent with a registered APP code binding a party to the…

Section 96 — Review by the Administrative Review Tribunal

(1) An application may be made to the Administrative Review Tribunal for review of the following decisions of the Commissioner: (a) a decision under subsection 26H(1) not to register an APP code…

Section 98A — Treatment of partnerships

(1) If, apart from this subsection, this Act would impose an obligation on a partnership, the obligation is imposed instead on each partner but may be discharged by any of the partners. (2) If, apart…

Section 98B — Treatment of unincorporated associations

(1) If, apart from this subsection, this Act would impose an obligation on an unincorporated association, the obligation is imposed instead on each member of the association’s committee of management…

Section 98C — Treatment of trusts

(1) If, apart from this subsection, this Act would impose an obligation on a trust, the obligation is imposed instead on each trustee of the trust but may be discharged by any of the trustees. (2)…

Section 99A — Conduct of directors, employees and agents

(1) Where, in proceedings for an offence against this Act or for a civil penalty order under the Regulatory Powers Act (as it applies in relation to the civil penalty provisions of this Act), it is…

Section 100 — Regulations

(1) The Governor-General may make regulations, not inconsistent with this Act, prescribing matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be…