Site Changes

On 1 November 2010 the Office of the Privacy Commissioner was integrated into the Office of the Australian Information Commissioner and a new website established at www.oaic.gov.au.

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From 12 March 2013 content is no longer being added to, or amended, on this site, consequently some information may be out of date.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.

The Australian Bureau of Statistics (ABS) has asked me to complete a survey. Do I have to answer the questions in the survey?

In the first instance, the ABS always seeks your willing cooperation in answering the questions included in official surveys. If you don't provide the information requested, however, then legislation allows the Australian Statistician to direct you, in writing, to provide it. If this occurs, you are obliged to provide the information.

The ABS collects information from individuals across Australia under the Census and Statistics Act 1905, and does so in accordance with Information Privacy Principle 1 (or IPP 1) of the Privacy Act 1988. This is because the ABS is a Commonwealth agency that has been set up with the function of gathering data from the community about a range of aspects of Australian life.

The ABS must treat your information confidentially, because it must follow the secrecy provisions (at s.19) of the Census and Statistics Act. There is a fine of up to $13,500, or a penalty of 2 years imprisonment, or both, for an unauthorised disclosure of information collected under the Act by an officer of the ABS.

The ABS has the power to direct an individual, in writing, to complete a form (at s.10) or answer a question (at s.11) of the Census and Statistics Act. The individual is then legally obliged to do so. If an individual is prosecuted and convicted for not providing the information required, they can be fined up to $100 per day for each day they fail to provide the information, after the deadline specified in the written direction, until the required information is provided.

Requirements to provide information may arise from time to time with other Commonwealth or State/Territory agencies or authorities. There are different penalties for failing or refusing to give information depending on which law requires you to provide the information.

If you are unsure whether a request for your information by a government agency or authority is required by law, you should speak with one of the agency's officers. They must be able to explain to you which law requires you to meet the agency's request.

For more information on how the IPPs operate, see the Guidelines to the Information Privacy Principles 1-3, 4-7 and 8-11.