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Australian Government agencies and the Norfolk Island administration must follow the Privacy Act 1988, except those listed below.
The Privacy Act also covers some state ‘organisations’. These are listed in the Privacy Regulation 2013 and include Ausgrid, Endeavour Energy and Essential Energy in New South Wales, and HomeStart Finance in South Australia.
If you’re unsure whether you must give your personal information to an Australian Government, state or territory agency when they ask, contact the agency. They must be able to explain the law that allows them to collect your personal information.
Agencies not covered by the Privacy Act
The Privacy Act doesn’t cover state and local government agencies, such as public hospitals and public schools.
It also doesn’t cover the following intelligence and national security agencies:
- Australian Commission for Law Enforcement Integrity
- Australian Criminal Intelligence Commission
- Australian Geospatial-Intelligence Organisation
- Australian Secret Intelligence Service
- Australian Security Intelligence Organisation
- Australian Signals Directorate
- Defence Intelligence Organisation
- Office of National Intelligence.
For more information about privacy laws in states and territories, see Privacy in Your State.
Australian Bureau of Statistics
The Australian Bureau of Statistics (ABS) was set up to gather information from the community about a range of aspects of Australian life. They conduct a national Census of Population and Housing every 5 years.
The ABS can collect your personal information under Australian Privacy Principle 3 of the Privacy Act, because it relates to the primary purpose of the ABS.
When they ask you to answer questions in one of their official surveys, they always seek your willing cooperation. If you don’t supply the information, then the ABS can ask, in writing, that you do so under the Census and Statistics Act 1905 (Census Act). If you don’t, you could be fined. If you’re prosecuted and convicted for not supplying the requested information, you can be fined up to $222 per day for each day you fail to supply the information after the deadline you were given.
The ABS must treat your personal information confidentially. The secrecy rules of the Census Act mean the ABS can’t release information they collect in a way that identifies an individual or household. There’s a fine of up to $26,640 or a penalty of 2 years imprisonment, or both, for an unauthorised disclosure of information collected under the Census Act by an officer of the ABS.
Find out who has rights and responsibilities under the Privacy Act
Your privacy and the 2026 Census
The 2026 Census is an important snapshot of Australia. If you have questions about how your personal information is collected, used and protected during the Census, we’ve answered some of the most common privacy questions and explained the safeguards that help protect your information.
About the Census
The Census is run by the Australian Bureau of Statistics (ABS).
Census night is Tuesday, 11 August 2026.
From late July, households will receive instructions on how to complete the Census.
The ABS has released their 2026 Census information website. It has all the information you need to understand Census.
The ABS is obligated to comply with the Privacy Act 1988 (Cth) (Privacy Act) when handling personal information.
Your personal information is collected so the ABS can create a snapshot of demographic data.
Once the ABS has collected and processed this information, it is stored separately from each other and separate from the rest of your Census responses.
The ABS stores your name for 18 months, and your address for 36 months. After this time, this information is destroyed.
No, the ABS is forbidden by legislation from sharing information that could identify an individual.
The ABS is required by the Census and Statistics Act 1905 (Cth) (Census and Statistics Act) to collect personal information for the purpose of getting a snapshot of the makeup of Australia to support the government and communities to make informed decisions about where services are most needed.
Section 12(2) of the Census and Statistics Act prohibits the ABS from disclosing information in a way that could identify an individual.
The Census collection of information by the ABS is consistent with Australian Privacy Principle 3 (APP 3) of the Privacy Act.
If you believe the ABS has mishandled your information, you will need to lodge a privacy complaint to the ABS first.
If you are dissatisfied with the response, or do not receive a response within a reasonable timeframe, you can submit a complaint in writing to the OAIC. Generally, the OAIC considers 30 days to be a reasonable response timeframe.
Have more questions?
If you have any further questions, contact the ABS.
If you have specific privacy concerns, you may also contact the ABS privacy team.
