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Other obligations

Complying with the federal privacy regime alone does not guarantee that you have met all your privacy obligations. You may also need to consider state legislation and, depending on the area you work in, privacy obligations under other regimes.

State legislation

Depending on your industry and where your organisation operates, you may also need to comply with state legislation. For example,  the NSW Privacy and Personal Information Act regulates privacy for public organisations in that State. Other legislation covers specific industries or types of information - for example, the Victorian Health Records Act 2001and the Tasmanian Listening Devices Act 1991. For more, visit our state legislation page.

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Credit providers

Credit providers were already subject to heavy regulation in the area of privacy - they now have to comply with both the pre-existing regulation and the private sector regime.

Currently, credit providers' use of personal information is regulated by general law, Code of Banking Practice, Building society and credit union Codes of Conduct, Electronic Funds Transfer Code of Conduct and Part IIIA of the Privacy Act.

For more information, go to the Credit providers section.

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Government work

The federal public sector has been subject to privacy regulation since 1988. The private sector provisions of the Privacy Act did not alter the obligations of Commonwealth government agencies. They are still required to comply with the eleven IPPs set out in the Privacy Act and ensure their contracts require the same standard from contractors.

State agencies continue to be regulated by State regimes, or, in the absence of such a regime, the NPPs

For more information, go to the Government work section.

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Health

The public healthcare sector is subject to heavy regulation in the area of privacy. The Commonwealth Privacy Act 1998 regulates the handling of personal information by federal public sector bodies, such as the Health Insurance Commission, public hospitals and other federal health institutions. The public sector is also subject to federal and State Freedom of Information legislation.

The private sector is also subject to the Commonwealth Privacy Act 1998 and State and Territory legislation may also apply to health information held in the public as well as the private sectors.

For more information, go to the Health section.

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Spam

In addition to obligations imposed by the privacy regime, organisations must now ensure that their practices comply with the Spam Act 2003 (Cth) and the Spam (Consequential Amendments) Act 2003 (Cth). The anti-spam legislation is designed to tackle the proliferation of unsolicited emails and other electronic messages.

For more information, go to the Spam section.



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