Protecting Information Rights – Advancing Information Policy

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We're now a part of the Office of the Information Commissioner. Go to www.oaic.gov.au to find out more.

Site Changes

On 1 November 2010 the Office of the Privacy Commissioner was integrated into the Office of the Australian Information Commissioner (OAIC). An interim website for the OAIC is available at www.oaic.gov.au. This site (privacy.gov.au), which only contains information related to the OAIC's privacy function, will be maintained until a combined site is established.
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Law enforcement and national security

Who is covered by the Privacy Act?

In general, Australian Government law enforcement agencies are covered by the Privacy Act, including, for example:

  • Australian Federal Police
  • Australian Customs Service
  • CrimTrac.

Some government law enforcement, intelligence-gathering and national security activities are not covered by the Privacy Act. This is either because:

  • the agency is exempt from the Privacy Act (in particular, intelligence agencies such as the Australian Security Intelligence Organisation, the Australian Secret Intelligence Service, and the Office of National Assessments) or
  • it is a State or Territory government agency such as the NSW Police Force (see State and Territory privacy laws).

Other places to go

  • The Privacy Commissioner has authority under the Crimes Act 1914 to investigate alleged breaches of the Spent Convictions Scheme, which allows individuals with old minor convictions not to disclose them in certain circumstances.
  • The Office provides privacy advice to Australian and ACT government agencies on a number of matters including in relation to law enforcement and national security issues. The Office's public submissions can be viewed at www.privacy.gov.au/materials/types/submissions?sortby=65.

  • If you think an agency or organisation has misused your personal information, you can make a complaint. To find out more, see Complaints.