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Are childcare 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)
  • provide a health service and hold health information (even if providing a health service is not their primary activity). This might include keeping records of a child’s medical condition or general health and undertaking activities to maintain a child’s health for example, by making sure that a child takes prescribed medication or by providing first aid treatment.

Some childcare centres may be operated by local government bodies. The Privacy Act will generally not cover most State and Territory government bodies, including local government bodies, unless the body is an incorporated company, society or association. State or Territory privacy laws may apply to these providers.

For further information on State and Territory laws see the Other privacy jurisdictions section of this site.

For further information about which entities are covered by the Privacy Act see Information Sheet (Private Sector) 12 – 2001 Coverage and exemptions from the Private Sector Provisions.