Protecting Information Rights – Advancing Information Policy

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Education and child care

Most child care centres, private tertiary institutions and private schools are subject to the Privacy Act.

Are public schools and universities covered by the Privacy Act?

All public schools and public universities located in the ACT are covered by the Privacy Act. Public schools and public universities in the States and the Northern Territory are not generally covered by the Privacy Act, but may be governed by State or Territory privacy laws see State and Territory privacy laws.

Are private schools and tertiary educational institutions covered by the Privacy Act?

Most private schools and private tertiary educational institutions are covered by the Privacy Act either because they:

  • are large organisations (with a turnover of more than $3 million)
  • are connected to a larger organisation or
  • provide a health service and hold health information.

Are child care centres covered by the Privacy Act?

Most child care centres are covered by the Privacy Act either because they:

  • are connected to a larger organisation (with a turnover of more than $3 million) or
  • provide a health service and hold health information.

Are public universities covered by the Privacy Act?

Public universities in the states and territories (apart from the ACT) are not generally covered by the Privacy Act but may be governed by State or Territory privacy laws.

Other places to go

  • For information on whether private schools can disclose non-education related personal information about students to parents, see this FAQ.
  • For information on whether parents and non-custodial parents can get access to the school reports of their children who attend a private school, see FAQs 3 and 4 here.
  • If you think an agency or organisation has misused your personal information, you can make a complaint. To find out more, see Complaints.