Commonwealth Numbered Acts

PRIVACY ACT 1988 No. 119, 1988 - SECT 27

27. (1) Subject to this Part, the Commissioner has the following functions:

   (a)  to investigate an act or practice of an agency that may breach an
        Information Privacy Principle and, where the Commissioner considers it
        appropriate to do so, to endeavour, by conciliation, to effect a
        settlement of the matters that gave rise to the investigation;

   (b)  when requested to do so by a Minister, to examine a proposed enactment
        that would require or authorise acts or practices of an agency that
        might, in the absence of the enactment, be interferences with the
        privacy of individuals;

   (c)  to undertake research into, and to monitor developments in, data
        processing and computer technology (including data-matching and
        data-linkage) to ensure that any adverse effects of such developments
        on the privacy of individuals are minimised, and to report to the
        Minister the results of such research and monitoring;

   (d)  to promote an understanding and acceptance of the Information Privacy
        Principles and of the objects of those Principles;

   (e)  to prepare, and to publish in such manner as the Commissioner
        considers appropriate, guidelines for the avoidance of acts or
        practices of an agency that may or might be interferences with the
        privacy of individuals;

   (f)  to provide advice (with or without a request) to a Minister or an
        agency on any matter relevant to the operation of this Act;

   (g)  to maintain, and to publish annually, a record (to be known as the
        Personal Information Digest) of the matters set out in records
        maintained by record-keepers in accordance with clause 3 of
        Information Privacy Principle 5;

   (h)  to conduct audits of records of personal information maintained by
        agencies for the purpose of ascertaining whether the records are
        maintained according to the Information Privacy Principles;

   (j)  whenever the Commissioner thinks it necessary, to inform the Minister
        of action that needs to be taken by an agency in order to achieve
        compliance by the agency with the Information Privacy Principles;

   (k)  on request by a Minister or agency, to examine a proposal for
        data-matching or data-linkage that may involve an interference with
        the privacy of individuals;

   (m)  for the purpose of promoting the protection of individual privacy, to
        undertake educational programs on the Commissioner's own behalf or in
        co-operation with other persons or authorities acting on behalf of the
        Commissioner;

   (n)  to encourage corporations to develop programs for the handling of
        records of personal information that are consistent with the
        Guidelines on the Protection of Privacy and Transborder Flows of
        Personal Data issued by the Organisation for Economic Co-operation and
        Development;

   (o)  to do anything incidental or conducive to the performance of any of
        the preceding functions.

(2) The Commissioner has power to do all things that are necessary or
convenient to be done for or in connection with the performance of his or her
functions under subsection (1).