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Guidelines for developing codes consultation information

Submissions to this consultation closed on 19 April 2013.


In March 2013 the OAIC sought comments on draft:

The Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Privacy Amendment Act) makes a number of changes to the Privacy Act 1988 (the Privacy Act). These changes implement the Australian Government’s first stage response to the Australian Law Reform Commission’s Report 108: For Your Information: Australian Privacy Law and Practice and come into effect on 12 March 2014.

The changes include the introduction of a new Part IIIB in relation to privacy codes.  Part IIIB, which replaces the current Part IIIAA, changes the process for the development of privacy codes. The purpose of the Guidelines is to:

  • assist organisations and agencies to decide whether it is appropriate for them to develop a code
  • clarify when the Commissioner will request the development of a code, or when the Commissioner will develop a code on his or her own initiative
  • outline the matters that will need to be addressed in the development and registration of a code and in relation to reviewing, varying and removing registered codes

Unless otherwise indicated, all legislative references in the draft Guidelines are to sections of the Privacy Act as amended by the Privacy Amendment Act from commencement of the provisions on 12 March 2014.

The Privacy Amendment Act specifically allows the Commissioner to develop the Guidelines and for organisations and agencies to develop and register new codes prior to the commencement of Part IIIB. Any codes registered beforehand will have effect from the commencement of the provisions on 12 March 2014.

Submissions received

The following submissions on the draft Guidelines are generally presented in the format received by the OAIC with redactions to remove direct contact details and signatures not relevant to the submission. If you have difficulty accessing a submission please contact us for an alternative version.

  1. pdfAssociation of Market and Social Research Organisation (.PDF)425.19 KB
  2. pdfAssociation for Data-driven Marketing & Advertising (.PDF) 327.85 KB
  3. pdfAustralian Finance Conference (.PDF)278.16 KB
  4. pdfAustralian Interactive Media Industry Association (.PDF)159.77 KB
  5. docxAustralian Privacy Foundation (.Word)55.32 KB
  6. pdfAustralasian Retail Credit Association (.PDF)325.33 KB
  7. pdfClubs Queensland (.PDF)603.28 KB
  8. pdfConsumer Credit Legal Centre (NSW) Inc. (.PDF)130.67 KB
  9. pdfInteractive Advertising Bureau (.PDF)353.02 KB
  10. pdfLaw Council of Australia (.PDF)164.24 KB
  11. pdfOptus (.PDF)285.12 KB

The OAIC is currently considering the received submissions and will be publishing the finalised Guidelines in due course.