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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
114. Staff
115. Delegation
116. Annual reports
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
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
ENDNOTES
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