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Legally binding guidelines and rules

The Australian Information Commissioner has powers under the Privacy Act 1988 and other legislation to make or approve legally binding guidelines and rules. These are legislative instruments and are generally required under the Legislative Instruments Act 2003 to be registered and published on the Federal Register of Legislative Instruments and tabled in the Parliament.

To assist agencies, businesses and individuals, the Office of the Australian Information Commissioner (OAIC) also issues non-binding guidelines, which can be found on the Advisory privacy guidelines page, and resources for agencies and organisations.

Privacy (Persons Reported as Missing) Rule 2014

The Privacy (Persons Reported as Missing) Rule 2014 is a legislative instrument made under s 16A(2) of the Privacy Act and applies for the purposes of permitted general situation 3 in the s 16A(1) table. The Rule applies from 12 March 2014.

My Health Records (Information Commissioner Enforcement Powers) Guidelines 2016

The My Health Records Act 2012 (My Health Records Act) establishes the My Health Record system. The My Health Record system contains online summaries of individual’s health information which can be viewed by their registered treating healthcare providers, including doctors, nurses and pharmacists across Australia.

Privacy Guidelines for the Medicare Benefits and Pharmaceutical Benefits Programs

The Privacy Guidelines for the Medicare Benefits and Pharmaceutical Benefits Programs (Medicare and PBS Guidelines) regulate the way that Australian Government agencies link and store claims information obtained under the Medicare Benefits Program and the Pharmaceutical Benefits Program. 

Guidelines for the Conduct of the Data-Matching Program

The Guidelines for the Conduct of the Data-Matching Program provide for monitoring of technical standards for data-matching programs by the Privacy Commissioner and establish safeguards for individuals affected by the outcomes of data-matching.

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