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PRIVACY AND DATA PROTECTION ACT 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 1A--FUNCTIONS, POWERS OF INFORMATION COMMISSIONER AND APPOINTMENT OF PRIVACY AND DATA PROTECTION DEPUTY COMMISSIONER
Division 1--Performance of functions
8A. Functions of Information Commissioner
8B. Functions of Privacy and Data Protection Deputy Commissioner
8C. Information privacy functions
8D. Protective data security and law enforcement data security functions
8E. Performance of concurrent functions
8F. Information Commissioner may confer functions on Privacy and Data Protection Deputy Commissioner
8G. General powers of Information Commissioner and Privacy and Data Protection Deputy Commissioner
Division 2--Privacy and Data Protection Deputy Commissioner
8H. Appointment of Privacy and Data Protection Deputy Commissioner
8I. Terms and conditions of appointment of Privacy and Data Protection Deputy Commissioner
8J. Remuneration
8K. Vacancy and resignation of Privacy and Data Protection Deputy Commissioner
8L. Suspension and removal from office
8M. Acting Privacy and Data Protection Deputy Commissioner
8N. Validity of acts and decisions
Division 3--General
8O. Delegation
8P. Directions
PART 2--APPLICATION OF THIS ACT
9. Definition
10. Courts, tribunals etc.
10A. Royal Commissions 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
15A. Exemption—information sharing under the Family Violence Protection Act 2008
15B. Exemption—information sharing under the Child Wellbeing and Safety Act 2005
15C. Exemption—information sharing for quality and safety purposes under the Health Services Act 1988
15D. Information sharing under Division 6 of Part 4A of Terrorism (Community Protection) Act 2003
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
29. Public interest determination
30. Application taken to be application for temporary public interest determination on request
31. Information 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. Information Commissioner may make temporary public interest determination
40. Duration of temporary public interest determination
41. Revocation of temporary public interest determination
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. Information Commissioner to consider information usage arrangement
48. Information Commissioner's report
49. Information 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. Information Commissioner may certify consistency of act or practice
56. Review of decision to issue certificate
Division 8--Information privacy complaints
57. Complaints
58. Complaint referred to Information Commissioner
59. Complaints by minors
60. Complaints by people with a disability
61. Information Commissioner must notify respondent
62. Circumstances in which Information Commissioner may decline to entertain complaint
63. Information Commissioner may refer complaint
64. Information Commissioner may dismiss stale complaint
65. Minister may refer a complaint direct to VCAT
65A. Preliminary inquiries and consultation
65B. Informal resolution
66. What happens if conciliation is inappropriate?
67. Conciliation process
68. Information Commissioner may issue notice to produce or attend
69. Conciliation agreements
70. Evidence of conciliation is inadmissible
71. What happens if conciliation fails?
72. VCAT may make interim orders before hearing
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 compel production of documents or attendance of witness
82. Offence not to comply with compliance notice
83. Application for review
Division 10--Notices to produce or attend
83A. Notice to produce or attend
83B. Variation or revocation of a notice to produce or attend
83C. Service of notice to produce documents or to attend
83D. Office of the Information Commissioner to report to the Victorian Inspectorate on issue of notice to produce or attend
83E. Power to take evidence on oath or affirmation
83F. Legal advice and representation
83G. Protection of legal practitioners and persons—notice to produce or attend
83GA. Audio or video recording of examination
83H. Failure to comply with notice to produce or attend
83I. Reasonable excuse—self-incrimination
83J. Reasonable excuse—cabinet documents and legal professional privilege
83K. Statutory secrecy not a reasonable excuse
83L. Act applies equally to attendance in person or by audio or audio visual link
PART 4--PROTECTIVE DATA SECURITY
Division 1--Application of Part
84. Application of Part
Division 2--Protective data security framework
85. Information Commissioner to develop Victorian protective data security framework
Division 3--Protective data security standards
86. Information 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. Information 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--GENERAL POWERS OF INFORMATION COMMISSIONER
Division 1--General powers of Information Commissioner
106. Information Commissioner may require access to data and data systems from public sector body Heads
107. Information Commissioner may require access to data and data systems from Chief Commissioner of Police
108. Information Commissioner may request access to crime statistics data
109. Information 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 2--Reporting
116. Report on performance and exercise of powers
PART 7--GENERAL
117. Protection from liability
118. Employees and agents
119. Fees for access
120. Secrecy
121. Information Commissioner to give notice before certain disclosures
122. Offence to obstruct, mislead or provide false information
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
129. Transitional provisions—Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
ENDNOTES
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