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Chronology

Chronology of Privacy Legislation in Australia

2006

 

October

The Australian Law Reform Commission releases its Issues Paper in its Inquiry into the Privacy Act 1988.

September

The Victoria Surveillance Devices (Workplace Privacy) Act 2006 is passed, which amends the Surveillance Devices Act 1999 to regulate the use of surveillance devices in workplaces.

September

The Privacy Act Legislation Amendment Act 2006 is passed, which concerns the collection of information by doctors from the Prescription Shopping Information Service and clarifies the treatment of genetic information under the Privacy Act and when health service providers can disclose it.

September

The Privacy Legislation Amendment (Emergencies and Disasters) Bill 2006 is introduced, to give agencies and organisations greater ability to manage the collection and disclosure of personal information in an emergency or disaster.

July

The Do Not Call Register Act 2006 and the Do Not Call Register (Consequential Amendments) Act 2006 are passed to establish a National Do Not Call Register which is planned to be operational from about mid 2007.

February

The Australian Law Reform Commission is given a new reference to review the legal framework for the protection of privacy in Australia.

2005

 

18 May

Release of the Privacy Commissioner's review into the operation of the private sector provisions of the Privacy Act, 1988.

2004

 

17 December

The Tasmanian Personal Information Protection Act 2004 received assent.

1 September

The NSW Health Records and Information Privacy Act 2002 came into effect.

10 April

Main operative provisions of Spam Act 2003 (Cth) come into effect.

2003

 

9 December

The Fair Trading (Further Amendment) Act 2003 No 106 (Vic) (Vic Telemarketing Act) received assent - many of the operative provisions of the legislation have yet to be proclaimed.

3 December

Privacy Amendment Bill 2003 tabled in Parliament.

2 December

Spam Act 2003 (Cth) given Royal Assent and Part 1, sections 42 and 47 and Schedule 1 came into effect.

12 November

Privacy and Personal Information Amendment Bill 2003 (NSW) was read a second time in the Legislative Council of New South Wales. Debate was adjourned.

25 August

Fair Trading Amendment Act 2003 No 35 (NSW) (NSW Telemarketing Act) commences, excluding direct commerce provisions (which have not yet commenced).

22 July

NSW Telemarketing Act received royal assent.

1 July

Information Act 2002 (NT) commenced.

2002

 

21 December

New regime applies to affected small businesses.

25 September

Health Records and Information Privacy Act 2002 (NSW) assented to (but not yet in force).

1 July

Health Records Act (Vic) came into effect.

2001

 

21 December

New regime came into effect.

October

Federal Privacy Commissioner begins to approve codes.

3 October

Privacy Commissioner releases final Guidelines on Privacy in the Private Health Sector.

17 September

Privacy Commissioner releases final version of NPP guidelines.

6 September

Public comment period on draft s 95A guidelines ended. 
Privacy Commissioner releases revised version of the Code Development Guidelines 

1 September

Information Privacy Act (Vic) came into force.

6 August

National Health and Medical Research Council releases draft 
s 95A guidelines.

20 July

Public comment period on draft NPP guidelines ended.

June

Tasmania and Western Australia commenced drafting privacy legislation.

12 June

Office of the Privacy Commissioner releases consultation paper: Privacy Issues in the Use of Public Key Infrastructure for Individuals.

15 May

Draft Health Privacy Guidelines released.

7 May

Federal Privacy Commissioner releases draft NPP guidelines.

2 May

Federal Privacy Commissioner Announces two research projects - Privacy and the Community and Privacy, Business and Government.

10 April

Health Records Act (Vic) received royal assent.

9 April

Federal Privacy Commissioner releases draft code development guidelines.

2000

 

21 December

Information Privacy (Qld) lapsed. No legislation is proposed by Queensland as at 30 June 2001.
Bill receives Royal Assent.

12 December

Information Privacy Act (Vic) enacted.

6 December

Bill, as amended by the House of Representatives, passed by the Senate for the second time. Awaiting Royal Assent.

5 December

Bill returned to the House of Representatives. The substantial Senate amendments are rejected. Bill passed by the House of Representatives, with Government amendments, for the second time.

29-30 November

Bill introduced and debated in the Senate. Amendments moved by the Opposition and the Democrats. Bill passed by the Senate for the first time.

8 November

Bill passed for the first time by the House of Representatives with Government amendments.

June

EU made submission to House of Representatives Committee that Privacy Amendment (Private Sector) Bill would not meet EU's test of 'adequacy' for participation in trade involving personal information with EU member states. Two major problems with the Bill included the inclusion of protection for employers and small businesses. 

12 April

Privacy Amendment (Private Sector) Bill introduced to the House of Representatives and read a first time.

January

Surveillance Devices Act 1999 commences. Repeals Listening Devices Act 1969

1999

 

December

Attorney General Department released key draft provisions of the proposed new privacy legislation. 

March

Senate Legal and Constitutional References Committee Report on Privacy and the Private Sector released.

1998

 

December

Data Protection Bill (Vic) (later named the Information Privacy Act).

30 November

Privacy and Personal Information Act (NSW) was enacted.

1 February

Health Records (Privacy and Access) Act (ACT) came into force.

February

National Principles for the Fair Handling of Personal Information (voluntary code of regulation for the private sector) established by the Federal Privacy Commissioner.

1997

 

 

Inquiry into general public opinion on privacy issues conducted by Federal Privacy Commissioner, Moira Scollay. Inquiry involved extensive consultation with consumers, business and, with regard to health information, health stakeholders. 

1996

 

 

Attorney-General's discussion paper, Privacy Protection in the Private Sector, released.

1994

 

 

NSW Privacy and Data Protection Bill (lapsed).

1992

 

 

Amendments relating to credit reporting made to the Privacy Act 1988.

1991

 

 

Privacy Bill (SA) introduced.

1990

 

 

Privacy Committee Act 1984 (QLD) amended and its operations extended for 1 year.

1989

 

 

Privacy Committee (SA) established.

1988

 

 

Data Protection Bill (WA).
Privacy Act (Commonwealth) - regulates public sector.

1986

 

 

Australia Card proposed.
Privacy Bill 1986 proposed and abandoned.

1984

 

 

Federal Government adopts OECD guidelines.
Privacy Committee Act (QLD).

1980

 

 

OECD Guidelines on Data Privacy Protection and Transborder Date Flows released.

1976

 

 

Australian Law Reform Commission is directed by the Attorney General to report on privacy. The report is published in 1983.

1975

 

 

Privacy Committee Act (NSW).

1971

 

 

Invasion of Privacy Act (QLD).
Information Storage Bill (VIC).

1969

 

 

Listening device legislation passed in NSW and Victoria.

1948

 

 

Universal Declaration of Human Rights adopted by the United Nations. The Declaration provides that 'No one shall be subject to arbitrary interference with his privacy, family home or correspondence, nor to attacks upon his honour or reputation. Everyone has the right to protection of law against such interference or attacks.'



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