Information Sheet 5: Exemptions

This is an old information sheet which expired on 17/9/2001 and has been superseded by the release of new information sheets 18/9/2001.

• Small Business Operator Exemption
• Employee Records Exemption
• Media Exemption
• Political Party and Political representatives Exemption

Small Business Operator Exemption

Small business operators are excluded from the definition of ‘organisation’ and are therefore exempt from the operation of the Act. To qualify for the small business operator exemption, an entity:

• Must have an annual turnover of three million dollars or less.
• Cannot be related to a business with an annual turnover of greater than three million dollars.
• Must not provide a health service and hold health records.
• Must not disclose personal information about an individual for a benefit, service or advantage
• Must not provide a benefit, service or advantage to collect personal information
• Cannot be a contracted service provider for a Commonwealth contract (even if the entity is not a party to the contract).

Despite the exclusion of small business operators from the Act, many small businesses may want to take advantage of the benefits that will flow from complying with the legislation, particularly in respect to consumer confidence and trust.  A mechanism has been included in the legislation to allow an otherwise exempt small business to opt in to be covered by the Bill and to be subject to the jurisdiction of either the Privacy Commissioner or an approved code adjudicator. 

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Employee Records Exemption

Employee records are exempt from the operation of the Act if the organisation is or has been an employer of the individual in question and the act or practice is directly related

• to a current or former employment relationship between the employer and the individual, and
• an employee record held by the organisation and relating to the individual.

It is important to note that this exemption does not cover contractors and sub-contractors. Nor does it apply to prospective employees.

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Media Exemption

The Act provides an exemption for acts or practices engaged in by a media organisation in the course of journalism.  This exemption seeks to balance the public interest in providing adequate safeguards for the handling of personal information and the public interest in allowing for a free flow of information to the public through the media.  Organisations that wish to claim the media exemption can only do so if they are media organisations and only when they are publicly committed to observing published, written, standards that deal with privacy in the context of the activities of a media organisation.

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Political Party and Political representatives Exemption

The Act exempts registered political parties from the operation of the legislation altogether by excluding them from the definition of organisation.  It also exempts in a more limited way the acts or practices that (in summary)

• members of parliament
• local government councillors
• the contractors of members of parliament, local government councillors and political parties
• the sub‑contractors of these contractors and
• volunteers working for political parties

carry out for any purpose in connection with an election under an electoral law, a State, Territory or Commonwealth referendum or in connection with participation of the member, counsellor or political party in another aspect of the political process.

For further information please contact

Privacy Commissioner
GPO Box 5218
Sydney NSW 1042

Privacy Hotline: 1300 363 992
Telephone: (02) 9284 9800
Fax: (02) 9284 9666

E-mail: privacy@privacy.gov.au

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