Annual Report 2005-06
Appendices
- Appendix 1 The Privacy Act and the Office of the Privacy Commissioner
- Appendix 2 Freedom of Information Act Compliance
- Appendix 3 Speeches and Presentations
- Appendix 4 Commonwealth Disability Strategy Performance Reporting June 2006
- Appendix 5 Demographic Information about Complainants
- Appendix 6 National Privacy Principles
- Appendix 7 Information Privacy Principles
Appendix 1 The Privacy Act and the Office of the Privacy Commissioner
Privacy Commissioner's Functions
The Privacy Commissioner has specific statutory functions under ss. 27, 28 and 28A of the Privacy Act 1988. These functions include, amongst other things, investigating possible breaches of the Privacy Act, undertaking audits of agencies or organisations to ensure compliance with the Privacy Act, providing advice to agencies and organisations on matters related to privacy, and promoting and encouraging the adoption of privacy standards in the community.
One of the key responsibilities of the Office is to handle complaints. Individuals who believe that their privacy may have been interfered with by an agency or organisation are able to lodge a complaint with the Office under s. 36 of the Privacy Act. The Privacy Commissioner may then undertake preliminary enquiries of the respondent to determine whether there are grounds, and whether the Commissioner has jurisdiction, to formally open an investigation into the complaint under s. 40 of the Privacy Act.
Staff of the Compliance section facilitate a conciliation between the parties to attempt to adequately resolve the dispute. If the parties are not able to come to a mutually satisfactory agreement, the Privacy Commissioner is able to make a determination under s. 52 of the Privacy Act to dismiss the complaint. Alternatively, the Privacy Commissioner is able to find in favour of the complainant and decide upon suitable orders to remedy the breach. The orders are enforceable in the Federal Court or Federal Magistrates Court under s. 55A of the Privacy Act.
Generally, a complaint must be in writing. The Office is obliged to provide appropriate assistance to people who require it in order to help formulate and appropriately set out the particulars of the complaint.
Individuals cannot complain to the Privacy Commissioner about organisations which are bound by a privacy code approved by the Commissioner, when that code has its own code adjudicator. Individuals may, however, ask the Privacy Commissioner to review a determination made by a code adjudicator under s. 18BI of the Privacy Act.
The Privacy Commissioner has the power to launch investigations under s. 40(2) of the Privacy Act, and these are referred to as Own Motion Investigations (OMIs). The Privacy Commissioner undertakes OMIs where it appears that a breach of the Privacy Act may have occurred and it is thought to be desirable that an OMI be undertaken. For example, where the alleged breach is not limited to one complainant, or in circumstances where the alleged breach raises systemic and/or ongoing issues.
The Office's Policy section assists the Privacy Commissioner in providing advice on privacy issues, including interpreting the operation of the Privacy Act, to Ministers, Australian and ACT Government agencies, and organisations. The section develops guidance material (such as guidelines, information sheets and FAQs) to help explain the operation of the Privacy Act and the Privacy Commissioner's functions.
The Policy section examines enactments and proposals from agencies, advising on their potential privacy implications and their overall compliance with the Privacy Act. It also assists the Privacy Commissioner in carrying out other functions under the Privacy Act, as well as prescribed functions under the National Health Act, the Telecommunications Act and the Crimes Act.
The Office's Corporate and Public Affairs section manages the public profile of the Office and the Privacy Commissioner, provides secretariat support and manages the Office's corporate responsibilities. The unit is responsible for developing and maintaining the Office's website, handling media enquiries, assisting with the provision of Privacy Act training and providing a secretariat role to several committees including the Privacy Contact Officer (PCO) Steering Committee, Privacy Advisory Committee and Asia Pacific Privacy Authorities Forum. The section also liaises with key stakeholders, including domestic bodies and international authorities, and handles the Office's corporate governance responsibilities.
Chart A1.1 Organisational Structure
Privacy Act
The Privacy Act gives effect to Article 17 of the International Covenant on Civil and Political Rights and to the OECD's Guidelines on the Protection of Privacy and Transborder Flows of Personal Data. The Privacy Act establishes the method by which personal information about individuals can be collected and stored, specifies the permissible uses of that information, and limits the circumstances in which that information can be disclosed. It also sets out a mechanism by which individuals can gain access to, and amend where appropriate, the personal information about them held by agencies and organisations.
The Privacy Act protects personal information under four sets of requirements:
- The Information Privacy Principles (IPPs) at Appendix 7 set out strict safeguards for any personal information that is handled by Australian and ACT Government agencies. These rules cover the collection, storage, use and disclosure of this information. They also provide for individual access to and correction of their own personal information.
- Individuals' Tax File Numbers (TFNs): the Privacy Act prevents TFNs from being used as a de facto national identification system and gives individuals the right to withhold this information. Where a TFN is provided, its use is limited to tax-related, assistance agency and superannuation purposes. Under the Privacy Act, the Privacy Commissioner issues and enforces legally binding guidelines.
- Part IIIA of the Privacy Act places strict safeguards on the handling of individuals' consumer credit information by the credit industry. These provisions recognise the sensitivity of credit worthiness information and the implications for individuals should credit information be mishandled. Strict penalties apply if these provisions are breached.
- The National Privacy Principles (NPPs) at Appendix 6 regulate the way private sector organisations handle personal information unless they are replaced by a code approved by the Commissioner under s. 18BB of the Privacy Act. These principles cover the collection, storage, use, disclosure and access obligations of organisations.
Subordinate Legislation
Privacy in Australia is further regulated by subordinate legislation including:
- Privacy (Private Sector) Regulations 2001, which set out the standards under s. 18BB(3)(a)(i) of the Privacy Act that need to be met before a privacy code can be approved by the Privacy Commissioner, and prescribe specific agencies, state authorities and organisations for particular purposes under the Privacy Act.
- Privacy codes approved by the Privacy Commissioner to replace the National Privacy Principles for particular organisations or activities.
- Mandatory guidelines under the Privacy Act, for example the Tax File Number Guidelines issued under s. 17 of the Privacy Act or guidelines issued under s. 18BF(1)(b) of the Privacy Act relating to code approval.
- Public Interest Determinations and Temporary Public Interest Determinations under Part VI of the Privacy Act.
- Credit Reporting Determinations issued under s. 11B(1)(b)(v)(B) of the Privacy Act.
- Credit Reporting Code of Conduct issued under s. 18A of the Privacy Act.
These are supported by non-binding advisory guidelines issued by the Office, such as:
- Guidelines for the Use of Data-matching in Commonwealth Administration issued under s. 27(1)(e) of the Privacy Act.
- Guidelines to the National Privacy Principles.
- Guidelines on Privacy in the Private Health Sector.
- Code Development Guidelines (parts of these guidelines are mandatory).
- Guidelines for Federal and ACT Government Websites.
- Guidelines on Workplace Email, Web Browsing and Privacy.
- Privacy and Public Key Infrastructure: Guidelines for Agencies using PKI to communicate or transact with individuals.
In addition, the National Health and Medical Research Council (NHMRC) has issued the following binding guidelines after consulting with the Privacy Commissioner:
- Guidelines Under Section 95 of the Privacy Act 1988.
- Guidelines approved under Section 95A of the Privacy Act 1988.
Other Legislation
The role of the Privacy Commissioner is further defined by legislated responsibilities that are set out in the following Acts of Parliament:
- Part VIIC of the Crimes Act 1914, the Commonwealth Spent Convictions Scheme, which provides protection for individuals with old minor convictions in certain circumstances (the Privacy Commissioner has the power to investigate breaches of the legislation, and is also required to provide advice to the Attorney-General in relation to exemptions under the scheme).
- The Data-matching Program (Assistance and Tax) Act 1990, which regulates data-matching between the Australian Taxation Office and the assistance agencies to detect overpayment and ineligibility for assistance (under the Act, the Privacy Commissioner is responsible for issuing guidelines for protecting privacy, investigating complaints and monitoring agency compliance).
- The National Health Act 1953, under which the Privacy Commissioner is required to issue guidelines covering the storage, use, disclosure and retention of individuals' claim information under the Pharmaceutical Benefits Scheme and the Medicare program.
- The Telecommunications Act 1997, under which the Privacy Commissioner has certain monitoring and compliance functions.
Outcomes and Outputs Structure
The Office's outcome statement, as set out in the Portfolio Budget Statement, is:
An Australian culture in which privacy is respected, promoted and protected.
There is one output for the Office's outcome:
Complaint handling, compliance and monitoring, and education and promotion.
There are two performance measures:
Quality
- Majority of complainants and respondents surveyed satisfied that complaint handling service was timely and impartial.
- Majority of enquirers surveyed satisfied with advice provided by Hotline and in written response.
- 80% of complaints finalised within 12 months of receipt, 90% of written enquiries answered within 10 days.
- Agencies and organisations satisfied that audits improve their privacy practices and procedures.
- Audits finalised within 6 months of commencement.
- Targeted information available that informs the community, including business and government, of their rights and responsibilities in respect of the Office's jurisdictional responsibilities.
Quantity
- Close 1300 complaints, respond to 2000 written enquiries, and answer 20 000 calls.
- 3 audits commenced.
- >800 000 visits to the website.
- >3.5 million pages viewed on the website.
Table A1.1 Resources for Outcomes
|
|
Budget 2005-06 $'000 | Actual Expenses 2005-06 $'000 | Budget 2006-07 $'000 |
|---|---|---|---|
| Total Administrative Expenses | - | - | - |
|
Price of Department Outputs Output Group 1.1 Complaint handling, compliance and monitoring, and education and promotion |
4975 | 4944 | 7046 |
| Subtotal Output Group 1.1 | 4975 | 4944 | 7046 |
| Revenue from Government (Appropriation) for Departmental Outputs | 4156 | 4156 | 6282 |
| Revenue from other Sources | 819 | 788 | 764 |
| Total price of Outputs | 4975 | 4944 | 7046 |
|
Total for Outcome 1 (total price of Outputs and Administered Expenses) |
4975 | 4944 | 7046 |
| Actual 2005-06 | Estimated Actual 2005-06 | |
|---|---|---|
| Average Staffing Level | 41 | 54 |
Appendix 2 Freedom of Information Act Compliance
The Freedom of Information Act 1982 (FOI Act) gives the general public legal access to government documents. For information on the Office's procedures see Freedom of Information procedures on page 73.
Section 8 of the FOI Act requires each Australian Government agency, including this Office, to publish information about the way the Office is organised, together with its functions, powers and arrangements for public participation in the work of the agency. The Office is also required to publish the categories of documents that the Office holds and how members of the public can gain access to them.
Organisational structure
The Office's organisational structure is provided in Chart A1.1 in Appendix 1.
Authority and legislation
The Office is established, and the Privacy Commissioner's functions and powers are conferred, by the Privacy Act 1988. Information regarding the Office's functions and powers are set out in Appendix 1.
Number of formal requests for information
During 2005-06, the Office received five requests for access to documents under the FOI Act. The requests all related to access to documents relating to individual privacy complaints.
Avenues for public participation
The Office uses the following processes and consultative bodies to assist the participation by persons or bodies outside the Commonwealth administration in the policy-making functions of the Office or in its administration of various schemes and enactments.
- The Office invites public consultation from individuals and organisations through its website at www.privacy.gov.au/consultation/index.html.
- The Office has a strategic plan which includes developing networks of influence across the community, empowering the community to make privacy choices and providing leadership in privacy thinking.
- Part VII of the Privacy Act provides for the establishment of the Privacy Advisory Committee to advise the Commissioner on relevant matters, recommend material to the Commissioner for inclusion in guidelines and, subject to direction by the Commissioner, engage in community education and consultation.
- The Privacy Commissioner's Health Privacy Forum is an informal group of senior stakeholders from the health sector to assist the Commissioner on matters of health privacy.
- The Office coordinates the Privacy Contact Officer (PCO) Network to facilitate the resolution of privacy issues within Australian and ACT Government agencies and provide training and expertise to those agencies. The PCO network meets four times per year.
- The Office meets on an informal basis with representatives of privacy and consumer non-government organisations to discuss privacy matters affecting the Australian community.
- The Privacy Connections Network is a group of people from across all sectors of the Australian community connected together to exchange, discuss and develop good privacy practices and solutions.
- The Compliance area conducts customer surveys to determine levels of service and customer satisfaction. A survey was conducted in 2004-05 and this survey will be repeated in 2006-07.
- The Commissioner also has legislative requirements to consult. For example, the provisions relating to the making of a public interest determination require the production of a draft determination and inviting interested parties to attend a conference (ss. 75 and 76 of the Privacy Act). Similarly, the Commissioner needs to be satisfied that there has been an adequate opportunity for the public to comment before approving a proposed privacy code (s. 18BB(2)(f)).
Categories of documents
Documents held by the Office relate to:
- administration matters, including personnel, recruitment, accounts, purchasing, registers, registry, library records and invoices
- compliance matters, including audits, and the investigation, clarification, conciliation and resolution of complaints
- legal matters, including legal documents, opinions, advice and representations
- research matters, including research papers in relation to complaints, existing or proposed legislative practices, public education, national inquiries and other relevant issues
- policy matters, including minutes of meetings, administrative and operational guidelines
- operational matters, including files on formal inquiries
- reference materials, including press clippings, survey and research materials, documents relating to conferences, seminars and those contained in the library.
Freedom of Information procedures
Initial enquiries regarding access to the Office's documents should be directed to the Freedom of Information Officer by either telephoning (02) 9284 9800 or writing to:
Freedom of Information Officer
Office of the Privacy Commissioner
GPO Box 5218
Sydney NSW 2001
Procedures for dealing with FOI requests are detailed in s.15 of the FOI Act. A valid request must:
- be in writing
- be accompanied by a payment of a $30 application fee
- include the name and address of the person requesting the information
- be processed within 30 days of receipt.
Some documents are exempt from public perusal under the FOI Act. Where documents are not accessible by the applicant, valid reasons will be provided. The Office's decisions about accessibility of documents may be reviewed by the Administrative Appeals Tribunal.
Facilities for obtaining physical access
The Office provides copies of the requested documents by mail to the enquiring party, subject to exceptions established under the FOI Act.
The Office will also consider requests from parties to view hard copies of the requested documents in person at the Office.
Appendix 3 Speeches and Presentations
Karen Curtis, Privacy Commissioner
2005
12 July
Safeguarding Australia Conference, Canberra 20 July Australian Credit Forum Luncheon, Sydney 28 July Standing Committee of Attorneys-General (SCAG), Canberra
16 August
Department of Human Services, Canberra
19 August
Administrative Review Council Meeting, Canberra
2 September
Privacy Contact Officer Meeting, Canberra
13 September
Privacy Laws and Business Roundtable, Montreux, Switzerland
15 September
27th International Data Protection Commissioners' Conference, Montreux, Switzerland
16 November
12th Meeting of the Privacy Victoria Network and Shared Issues in Privacy Forum, Melbourne
25 November
Australian Court Administrators' Group - Courts and Tribunals Annual Conference, Sydney
2 December
Privacy Contact Officer Network Meeting, Canberra
2006
3 March
Privacy Contact Officer Network Meeting, Canberra
30 March
Keynote Speech to Privacy Issues Forum, New Zealand 28 April Administrative Appeals Tribunal (AAT): Presentation to Professional Development Session,Sydney
17 May
Australian Graduate School of Management Symposium, Sydney
17 May
New South Wales Privacy and FOI Network Meeting,Sydney
31 May
Presentation at Staff Induction Training, Sydney
2 June
Privacy Contact Officer Network Meeting, Canberra
15 June
Institute of Public Administration Australia, Breakfast Seminar, Canberra
5 September
University of New South Wales, Masters of Laws Students
7 September
UNICEF Australia, Sydney
9 September
Customer Contact Management Association (CCMA) Luncheon, Melbourne
14 October
Alternative Dispute Resolution (ADR) Seminar on Privacy and Complaint Handling for Joint Initiatives Group (JIG)
25 October
Computer Audit, Control and Security Conference, Perth
26 October
Department of Defence Biannual Fraud Forum for Commonwealth Fraud Investigation Agencies, Canberra
16 November
Australian Communications and Media Authority (ACMA) International Conference, Sydney
2 December
Privacy Contact Officer Network Meeting, Canberra (two presentations)
15 December
Better Health IT Conference, Melbourne
3 March
Privacy Contact Officer Network Meeting, Canberra (three presentations)
4 April
Consumers' Health Forum of Australia Electronic Health Records Consumer Representatives Meeting, Sydney
29 May
Consumers' Health Forum of Australia E-Health National Information Workshop, Canberra
2 June
Privacy Contact Officer Network Meeting, Canberra (two presentations)
22 June
Australia and New Zealand Education Law Association (ANZELA) Seminar, Sydney
Appendix 4 Commonwealth Disability Strategy Performance Reporting June 2006
Table A4.1 Commonwealth Disability Strategy Performance Reporting June 2006
Policy Adviser Role
| Performance Indicator | Performance Measure | Current level of performance (2005-06) |
|---|---|---|
|
1. New or revised policy/program proposals assess impact on the lives of people with disabilities prior to decision. |
Percentage of new or revised policy/program proposals that document that the impact of the proposal was considered prior to the decision making stage. |
Submissions are made available on the Office's website where possible. The Office provides advice on the policy/program/legislative activities of other agencies from a privacy perspective. In a significant number of advices provided, particularly where new technologies are being considered, the privacy of people with disabilities is factored into the discussion. The Office seeks to have representative bodies actively involved in consultation, including in privacy impact assessments of proposals. A consideration for the Office is how the privacy rights of individuals with disabilities are being met. To aid this assessment, the Office surveys and collects demographic information relating to complainants. During the period 1 July 2005 to 30 June 2006 the Office received 118 responses to the survey. Of these 37 (31.4 %) of respondents indicated they had a disability. |
|
2. People with disabilities are included in consultation about new or revised policy/program proposals. |
Percentage of consultations about new or revised policy/program proposals that are developed in consultation with people with disabilities. |
Where the Office undertakes consultations, groups representing the interests of people with disabilities are invited to participate. During consultation processes the Office considers the needs of individuals with disabilities. Public consultation events all occur in accessible venues. During 2005-06 the Deputy Disability Commissioner was a member of the Office's Privacy Advisory Committee, which advises the Privacy Commissioner on privacy issues. In January 2006 following his appointment as the Human Rights Commissioner Mr Graeme Innes AO resigned from the committee. |
|
3. Public announcements of new, revised or proposed policy/ program initiatives are available in accessible formats for people with disabilities in a timely manner. |
Percentage of new, revised or proposed policy/ program announcements available in a range of accessible formats. Time taken in providing announcements in accessible formats. |
Simultaneously to public release 100% of information about new Office initiatives is available on a W3C compliant website. Other formats are available on request. All material is available in other formats on request. The Privacy Connections Network had 688 members as of 30 June 2006. Disability peak groups are members, membership is also open to members of the public who may have disabilities. Members are offered the opportunity to sign up to an email subscription. Messages to the network are sent in plain text accessible formats. |
Regulator Role
| Performance Indicator | Performance Measure | Current level of performance (2005-06) |
|---|---|---|
|
1. Publicly available information on regulations and quasi-regulations is available in accessible formats for people with disabilities. |
Percentage of publicly available information on regulations and quasi-regulations requested and provided in:
Average time taken to provide accessible material in:
|
100% of Office information is available on its W3C compliant website. All material is available in other formats on request. Office services are accessible via website, phone and TTY. Electronic access is immediate, via website. Average turnaround for requests for electronic information is within the day; hard copy information a couple of days. Some requests may require that we use external service providers. In these cases the turnaround to provide information in accessible formats may be impacted. |
|
2. Publicly available regulatory compliance reporting is available in accessible formats for people with disabilities. |
Percentage of publicly available information on regulations and quasi-regulations requested and provided in:
Average time taken to provide accessible material in:
|
100% of Office information is available on its W3C compliant website. All material is available in other formats on request. Office services are accessible via website, phone and TTY. Electronic access is immediate, via website. Average turnaround for requests for electronic information is within the day; hard copy information a couple of days. Some requests may require that we use external service providers. In these cases the turnaround to provide information in accessible formats may be impacted. |
Provider Role
| Performance Indicator | Performance Measure | Current level of performance (2005-06) |
|---|---|---|
|
1. Providers have established mechanisms for quality improvement and assurance. |
Evidence of quality improvement and assurance systems in operation. |
The Office has a complaints/feedback hotline and a website link which gives individuals the opportunity to lodge complaints/grievances with the Office. The Office generally conducts customer satisfaction surveys to determine the level of customer satisfaction with the Office's services. During 2005-06 the Office was unable to conduct this survey but plans to undertake this survey again in 2006-07. |
|
2. Providers have an established service charter that specifies the roles of the provider and consumer and service standards which address accessibility for people with disabilities. |
Established service charter that adequately reflects the needs of people with disabilities in operation. |
The Office does not have an agency wide service charter but has complaint handling service standards in place as this is a major client focus. All Office complaints information and brochures are available on the website in accessible electronic format. Information about the complaints process and legislation is available in plain English format on the Office website. The website is updated regularly. Office information available in alternative formats on request. |
|
3. Complaints / grievance mechanism, including access to external mechanisms, in place to address issues and concerns raised about performance. |
Established complaints/grievance mechanisms, including access to external mechanisms, in operation. |
The Office uses a current complaints information referral list to ensure callers with disabilities can be referred to appropriate advocacy groups. The Office has a complaints/feedback hotline and a website link which gives individuals the opportunity to lodge complaints/grievances with the Office. Email, TTY and a National 1300 number at the cost of a local call available. Premises are accessible. Section 36(4) of the Privacy Act requires the Commissioner to provide appropriate assistance to complainants where they have difficulty in lodging a complaint. When dealing with requests for access to personal information, organisations are advised to consider issues of accessibility. No complaints have been received regarding access to the Office complaint handling service or premises. |
Employer Role
| Performance Indicator | Performance Measure | Current level of performance (2004-06) |
|---|---|---|
|
1. Employment policies and procedures comply with the requirements of the Disability Discrimination Act 1992. |
Number of employment policies, procedures and practices that meet the requirements of the Disability Discrimination Act 1992. |
The Office promotes and supports APS values. The Office's Certified Agreement (CA) contains reference to Workplace Diversity principles. Most of the Office's policies on employment are contained within the CA. The Workplace Diversity Plan (jointly participated in by the Office and HREOC) outlines strategies to maximise employment opportunities for people with disabilities. On induction all new staff are provided with a copy of the plan. The email/internet policy is reviewed annually. It specifically refers to the inappropriate use of email that may demean people with disabilities. There were no formal complaints/grievances made by staff with disabilities with regard to current work practices. |
|
2. Recruitment information for potential job applicants is available in accessible formats on request. |
Percentage of recruitment information requested and provided in:
Average time taken to provide accessible information in:
|
100% compliance providing accessible formats for recruitment material. Recruitment information is able to be provided in any format. All recruitment material is on the Office's website. Advertisements in press advise that information is available at contact phone number, by TTY phone and on the Office's website. The Office website meets the criteria for accessibility as outlined in the Government Online Strategy and the Deputy Disability Commissioner has advised in the process. There were no requests for Braille during 2005-06. |
|
3. Agency recruiters and managers apply the principle of 'reasonable adjustment'. |
Percentage of recruiters and managers provided with information on 'reasonable adjustment'. |
Selection guidelines include information on 'reasonable adjustment' and guidelines for interviewing staff with disabilities. Recruitment action is managed internally and not outsourced and all committees are provided with selection information on 'reasonable adjustment'. |
|
4. Training and development programs consider the needs of staff with disabilities. |
Percentage of training and development programs that consider the needs of staff with disabilities. |
Due to the small number of staff in the Office, training is coordinated by each of the unit managers under the Office's Performance Management Scheme. The majority of training is provided off-site with external providers and any in-house training programs recognise the needs of people with disabilities. Training nomination forms include specific requirements that may be needed such as:
|
|
5. Training and development programs include information on disability issues as they relate to the content of the program. |
Percentage of training and development programs that include information on disability issues as they relate to the program. |
As noted above training is coordinated by each individual section. Induction includes information on Workplace Diversity and relevant legislation, including the DDA. The Complaint Handling section of HREOC conducts training and information on disability issues for staff of HREOC and the Office. |
|
6. Complaint/ grievance mechanism, including access to external mechanisms, in place to address issues and concerns by staff. |
Established complaints/ grievance mechanisms, including access to external mechanisms in operation. |
There is an established process in the Office's Certified Agreement for complaints/grievances, which includes access to external review through the Australian Public Service Commission. All staff are advised of access to the Office's Employee Assistance Program and encouraged to use this service when needed. This free service provides counselling and support for staff and their families. 100% compliance with provision of access to complaints/grievance mechanisms. |
Note: Accessible electronic formats include ASCII (or .txt) files and html for the website. Non electronic accessible formats include Braille, audio cassette, large print and easy English. Other ways of making information available include video captioning and Auslan interpreters.
Appendix 5 Demographic Information about Complainants
In 2005-06 the Office continued collecting detailed demographic information of complainants. The Office invites all complainants to respond to the survey. While the response rate is low, the Office will continue to use the information to improve its accessibility and other services to complainants. Below are a series of tables which provide a summary of the responses received in 2005-06 compared to the results received in 2004-05.
Table A5.1 Gender of complainants
| 2004-05 | 2005-06 | |||
|---|---|---|---|---|
| Female | 40 | 43.0% | 53 | 44.9% |
| Male | 53 | 57.0% | 65 | 55.1% |
| Total | 93 | 100% | 118 | 100% |
Table A5.2 Complainants' access to the Internet
| 2004-05 | 2005-06 | |||
|---|---|---|---|---|
| Nil return | 3 | 3.2% | 0 | 0.0% |
| No | 22 | 23.7% | 23 | 19.5% |
| Yes | 68 | 23.1% | 95 | 80.5% |
| Total | 93 | 100% | 118 | 100% |
Table A5.3 Main language spoken at home
| 2004-05 | 2005-06 | |||
|---|---|---|---|---|
| English | 83 | 89.2% | 115 | 97.5% |
| Other | 10 | 10.8% | 3 | 2.5% |
| Total | 93 | 100% | 118 | 100% |
Table A5.4 Country of birth of complainants
| 2004-05 | 2005-06 | |||
|---|---|---|---|---|
| Australia | 60 | 64.5% | 83 | 70.3% |
| Great Britian | 16 | 17.2% | 14 | 11.9% |
| New Zealand | 0 | 0.0% | 7 | 5.9% |
| Other | 17 | 18.3% | 14 | 11.9% |
| Total | 93 | 100% | 118 | 100% |
Table A5.5 Location of complainants
| 2004-05 | 2005-06 | |||
|---|---|---|---|---|
| Capital City | 58 | 62.4% | 81 | 68.6% |
| Country Town | 14 | 15.1% | 18 | 15.3% |
| Major regional centre | 18 | 19.4% | 18 | 15.3% |
| Rural | 3 | 3.1% | 1 | 0.8% |
| Total | 93 | 100% | 118 | 100% |
Table A5.6 Aboriginal or Torres Strait Islander background of complainants
| 2004-05 | 2005-06 | |||
|---|---|---|---|---|
| Did not comment | 3 | 3.2% | 0 | 0.0% |
| Aboriginal/ Torres Strait Islander | 1 | 1.1% | 2 | 1.7% |
| Non Aboriginal/ Torres Strait Islander | 89 | 95.7% | 116 | 98.3% |
| Total | 93 | 100% | 118 | 100% |
Table A5.7 Level of education completed by complainants
| 2004-05 | 2005-06 | |||
|---|---|---|---|---|
| Nil Return | 3 | 3.2% | 1 | 0.8% |
| Postgraduate Degree | 12 | 12.9% | 11 | 9.3% |
| Bachelor Degree | 15 | 16.1% | 36 | 30.5% |
| Diploma/Advanced Diploma | 13 | 14.0% | 21 | 17.8% |
| Study not leading to a qualification | 2 | 2.2% | 4 | 3.4% |
| Year 10 or below | 32 | 34.4% | 29 | 24.6% |
| Year 12 | 16 | 17.2% | 16 | 13.6% |
| Total | 93 | 100% | 118 | 100% |
Table A5.8 Age range of complainants
| 2004-05 | 2005-06 | |||
|---|---|---|---|---|
| 19-29 years | 7 | 7.5% | 12 | 10.2% |
| 30-39 years | 23 | 24.7% | 20 | 16.9% |
| 40-49 years | 29 | 31.2% | 39 | 33.1% |
| 50-59 years | 17 | 18.3% | 27 | 22.9% |
| 60-69 years | 12 | 12.9% | 15 | 12.7% |
| 70-79 years | 3 | 3.2% | 3 | 2.5% |
| 80-89 years | 2 | 2.2% | 2 | 1.7% |
| Total | 93 | 100% | 118 | 100% |
Table A5.9 Complainants with a disability
| 2004-05 | 2005-06 | |||
|---|---|---|---|---|
| No comment | 0 | 0.0% | 1 | 0.8% |
| No Disability | 58 | 62.4% | 80 | 67.8% |
| Medical | 13 | 14.0% | 10 | 8.5% |
| Sensory | 7 | 7.5% | 4 | 3.4% |
| Psychiatric | 2 | 2.2% | 6 | 5.1% |
| Movement | 11 | 11.8% | 12 | 10.2% |
| Other | 2 | 2.1% | 5 | 4.2% |
| Total | 93 | 100% | 118 | 100% |
Table A5.10 Source of knowledge about the Office of the Privacy Commissioner
| 2004-05 | 2005-06 | |||
|---|---|---|---|---|
| A legal Centre/Laywer | 7 | 7.5% | 11 | 9.3% |
| Another Community Organisatoin | 7 | 7.5% | 8 | 6.8% |
| Family member/freind/support person/associate | 11 | 11.8% | 8 | 6.8% |
| Government agency (not the government agency I complained about) | 7 | 7.5% | 16 | 13.6% |
| Internet | 4 | 4.3% | 8 | 6.8% |
| Media | 3 | 3.2% | 13 | 11.0% |
| Other | 23 | 24.9% | 28 | 23.8% |
| Our website www.privacy.gov.au | 11 | 11.8% | 9 | 7.6% |
| Pamplet/leaflet | 5 | 5.4% | 1 | 0.8% |
| State or Territory Privacy Commissioner | 4 | 4.3% | 1 | 0.8% |
| Telephone book | 4 | 4.3% | 5 | 4.2% |
| The organisation/government agency Icomplained about told me | 7 | 7.5% | 10 | 8.5% |
| Total | 93 | 100% | 118 | 100% |
Table A5.11 Annual income range of caomplainants
| 2004-05 | 2005-06 | |||
|---|---|---|---|---|
| Nil Return | 5 | 5.4% | 2 | 1.7% |
| $0 - $25,000 | 26 | 28.0% | 42 | 35.6% |
| $25,001 - $50,000 | 36 | 38.7% | 31 | 26.3% |
| $50,001 - $75,000 | 15 | 16.1% | 16 | 13.6% |
| $75,001 or more | 11 | 11.8% | 27 | 22.9% |
| Total | 93 | 100% | 118 | 100% |
Appendix 6 National Privacy Principles
The National Privacy Principles as set out in Schedule 3 of the Privacy Act 1988
Appendix 7 Information Privacy Principles
The Information Privacy Principles as set out in s. 14 of the Privacy Act 1988