Privacy Act: Fact sheet 5 - Authorisation for agents (financial counsellors and others)
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Authorisation for agents (financial counsellors and others)
Under the Privacy Act individuals have the right to obtain access to their credit report held by a credit reporting agency or credit provider. In addition, a credit provider may provide the individual with access to other information it holds regarding the individual's credit worthiness.
From time to time an individual may seek advice from a financial counsellor about difficulties involved in meeting loan repayments. In assisting the individual, the financial counsellor or other person (such as an accountant, solicitor or financial adviser) may need to have access to the individual's credit information held by a credit reporting agency or credit provider.
Section 18H(3) of the Privacy Act permits an authorised agent of the individual to access the individual's credit report held by a credit provider or credit reporting agency in specified circumstances. Section 18N(1)(ga) allows a credit provider to disclose information about the individual's credit worthiness, in addition to a credit report, to an authorised agent of the individual.
A credit reporting agency or a credit provider may grant access to a financial counsellor or other person acting on behalf of the individual upon receipt of a written authorisation from the individual. A credit provider may only provide information within the scope of information specifically authorised by the individual.
As a guide to financial counsellors and others who may act as agents, the following paragraphs are considered appropriate forms of words to meet the requirements of the Privacy Act, and which could be furnished to credit reporting agencies and credit providers when seeking access to the individual's credit information on his or her behalf.
Authority for agent to obtain access to an individual's credit information file held by a CREDIT REPORTING AGENCY (Privacy Act 1988)
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1. Financial counsellors
I/we [name/s] authorise [counsellor's name] or other persons providing financial counselling employed by [counselling agency's name] to:
action
limit of authority
This authority only applies to enquiries made by [counsellor's name] or persons employed by [counselling agency's name] in connection with:
- an application, or proposed, application by me/us for credit
- my/our having sought advice in relation to existing credit.
(Signed and dated by the parties).
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2. Others (e.g. accountants, solicitors or financial advisers)
I/we [name/s] authorise [name of agent] to:
action
limit of authority
This authority only applies to enquiries made by [agent's name] in connection with:
- an application, or proposed application, by me/us for credit
- my/our having sought advice in relation to existing credit.
(Signed and dated by the parties).
Authority for agent to obtain access to an individual's credit information file held by a CREDIT PROVIDER (Privacy Act 1988)
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1. Financial counsellors
I/we [name/s] authorise [counsellor's name] or other persons employed by [counselling agency's name] to:
action
limit of authority
This authority continues until the matter which is the subject of the query is resolved, or until I/we otherwise revoke this authority.
This authority only applies to enquiries made by [counsellor's name] or persons employed by [counselling agency's name] in connection with:
- an application, or proposed application, by me/us for credit
- my/our having sought advice in relation to existing credit.
(Signed and dated by the parties).
2. Others (e.g. accountants, solicitors or financial advisers)
I/we [name/s] authorise [name of agent] to:
action
limit of authority
This authority continues until the matter which is the subject of the query is resolved, or until I/we otherwise revoke this authority.
This authority only applies to enquiries made by [agent's name] in connection with:
- an application, or proposed application, by me/us for credit
- my/our having sought advice in relation to existing or previous credit.
(Signed and dated by the parties).
Financial counsellors and other persons who may act as agents should also note the relevant sections of the Code of Conduct dealing with agents. These are sections 1.9; 1.12; 1.12A; 2.17 and 2.18.
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