About the register
Ordinarily, small business operators that have an annual turnover of $3 million or less (and that are not health service providers or do not trade in personal information for benefit, service or advantage) are not covered by the Privacy Act 1988 (Privacy Act).
Section 6EA of the Privacy Act allows small business operators, who would otherwise not be covered by the Privacy Act, to choose to be treated as an organisation for the purposes of that Act and therefore subject to the National Privacy Principles.
Businesses opting-in to be covered by the Privacy Act are making a public commitment to good privacy practice. This option has been made available in order to provide small businesses with the opportunity to benefit from any increase in consumer confidence and trust that may be derived from operating under the Privacy Act.
How to opt-in
If you decide to opt-in you will need to complete the Opt-in Application Form and return it to us by mail, email or fax.
After verification, the trading name/s of your business and ABN (if you have one) will be placed on a public register as required by s 6EA(3) of the Privacy Act. You will not be charged any fees for opting-in.
How to opt-out
If you have opted in and for any reason you wish to revoke that decision, you may opt-out by notifying the OAIC in writing. Your details will then be removed from the register, and you will no longer be covered by the Privacy Act (assuming no other provisions of the Privacy Act apply to your business). You will not be charged any fees for opting-out.
It is important to note that any actions taken while you are being treated as an organisation through the 'opt-in' process may be the subject of a complaint to the OAIC, even if you subsequently opt out.
The OAIC will keep a list of organisations that have revoked their decision to opt-in to the Privacy Act or have been removed from the Register for some other reason and will make this information available if asked.
