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Site Changes
- Note 1: Major changes to the Privacy Act 1988 will come into effect in March 2014. Agencies, businesses and not for profits need to start preparing for these changes. For more information go to our privacy law reform page at www.oaic.gov.au
- Note 2: From 12 March 2013 content is no longer being added to, or amended, on this site, consequently some information may be out of date. For new privacy content visit the www.oaic.gov.au website.
Who can I complain about?
The Office can investigate the way Australian and ACT government agencies and private sector organisations covered by the Act handle personal information contained in a record.
The Privacy Commissioner can also investigate a number of other privacy complaints including:
- Credit providing and credit reporting
- Spent convictions
- Tax file numbers
- Data-matching
- Personal Property Securities Register
- Privacy Codes
- Businesses that have voluntarily 'opted-in' to be covered by the Act.
There are also some exemptions from the Act. This means that the Commissioner cannot investigate all complaints about privacy. Use the following table to see who you can and cannot complain about:
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Who you can complain about: |
Who you cannot complain about: |
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Most Australian and ACT government agencies |
Some Australian government intelligence agencies, such as ASIO, ASIS, ACC or the Office of National Assessments |
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State and Northern Territory government agencies or bodies, including local councils |
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Contractors to Australian government agencies |
Contractors to State and Territory government agencies |
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The Australian Federal Police |
The Police in your state or territory |
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Businesses and non-government organisations with an annual turnover greater than $3 million |
Small business operators (businesses with an annual turnover of $3 million or less, unless an exception applies) |
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Private sector employers handling your employee record information, if they handle it in a way that is directly related to your employment |
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Private health service providers and ACT public hospitals |
All other public hospitals |
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Private Schools, if they have an annual turnover greater than $3 million, or provide a health service |
Public schools and all other private schools |
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Private universities and ACT universities |
All other universities |
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Small businesses that have opted-in to the Act |
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Small businesses that are legally related to an organisation covered by the Act |
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Businesses covered by an approved privacy code |
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Private sector organisations that trade in personal information without consent |
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Credit providers handling your personal credit file information |
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Credit reporting agencies handling your personal credit file information |
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Organisations handling your mail in transit |
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Media organisations acting in the course of journalism |
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Registered political parties and political representatives |
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Websites based and operated outside of Australia |
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Individuals acting in their own capacity |
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Your residential neighbours |
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Persons handling your Tax File Number |
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Persons handling your personal information contained on the Personal Property Securities Register |
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Australian and ACT government agencies sharing personal information through data-matching activities |
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Anyone handling your old conviction information under the Commonwealth Spent Convictions Scheme |
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A federal court carrying out its administrative functions |
A federal court if it relates to decisions of the court or its judicial acts/practices |
Please note that this table is not comprehensive. You can call our Privacy Enquiries Line on 1300 363 992 for more information about privacy complaints covered by the Act.
There may be State and Territory privacy laws relevant to your complaint. For more information, see State and Territory privacy laws.
You can find more information about organisations that are covered by the Act.
You can also use our ComplaintChecker to see if your complaint is covered by the Act.
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