|
|
 |
Glossary
The Act defines many of the terms it uses - here are some of them:
A body corporate is an entity that has a separate legal personality and includes a company registered under Australian company law or an incorporated association. Certain transfers between related bodies corporate are exempt.
of personal information means collection of that information for inclusion in a record.
is a contract:
- to which the Commonwealth or an agency is or was a
party;
-
under which services are or were provided to a Commonwealth agency;
It:
- includes contracts which have been completed or
terminated;
-
extends to the provision of services by the
contracted service provider to third parties on behalf of an agency;
and
-
extends to the provision of services by sub-contractors.
Is any person who, under a contract with the Commonwealth or an agency is or was responsible for the provision of services to a Commonwealth agency, either directly or as a subcontractor.
Is a record of personal information relating to an employment relationship, for example about an employee's:
- engagement;
-
training;
-
disciplining;
-
resignation or termination;
-
terms and conditions of employment;
-
personal and emergency contact details;
-
performance or conduct;
-
hours of work, and salary or wages;
-
membership of a trade union, or professional or
trade association;
-
health information and information about leave
taken, including sick leave and parental leave; and
-
financial affairs, including taxation, banking or superannuation details.
An employment relationship exists if a person is an employee rather than an contractor. To decide whether a worker is an employee or a contractor, the courts consider factors such as:
- whether the organisation controls the individual's
work;
-
the terms of the contract, and whether they are
consistent with a contract of employment;
-
whether the worker is in business on his or her own
account;
-
any requirements of exclusivity of service;
and
-
the expressed intention of the parties.
Health information is a type of sensitive information.
It means:
- information or an opinion about:
-
the health or a disability of an
individual;
-
an individual's expressed wishes about the
future provision of health services to him or her; or
-
a health service provided, or to be provided, to an individual;
that is also personal information;
-
other personal information collected to provide, or
in providing, a health service; or
-
other personal information about an individual collected in connection with the donation, or intended donation, of the individual's body parts, organs or body substances.
Means:
- an activity performed in relation to an individual that is intended or claimed (expressly or otherwise) by the individual or the person performing it to:
- assess, record, maintain or improve the
individual's health;
-
diagnose the individual's illness or
disability; or
-
treat the individual's illness or disability or suspected illness or disability.
- the dispensing on prescription of a drug or medicinal preparation by a pharmacist.
Means a non-profit organisation that has only racial, ethnic, political, religious, philosophical, professional, trade, or trade union aims.
- includes individuals who collect, use or disclose
personal information in the course of a business. For example, a sole
trader's business activities will be regulated, but information gathered
outside business activities won't.
-
bodies corporate
-
partnerships, unincorporated associations and trusts - any act or practice of a partner, committee member or trust is attributed to the organisation.
|
 |
|
A partnership is a relationship that exists between persons carrying on a business in common with a view to profit.
An act done or practice engaged in by a partner is taken to have been done or engaged in by the organisation. Any communication made to any partner is taken to have been made to the organisation.
Personal information can be collected by a new partnership from an old partnership and disclosed from the old partnership to the new partnership without interfering with the privacy of an individual provided certain criteria under the legislation are met. However, the new partnership must comply with the NPPs in relation to use and holding of personal information. This exemption avoids a problem arising as new partners are admitted or partners leave.
Means:
- information or an opinion (including part of a
database)
-
whether true or not
-
whether recorded in a material form or not
about an individual whose identity is apparent, or can reasonably be ascertained. Basically, it is any information that can be used to identify a person, including their name, address, telephone number or date of birth.
Is a document, database (however kept) or photograph or other pictorial representation of a person. It does not include:
- generally available publications;
-
material kept in public records and archives, such
as the Commonwealth Archives; or
-
anything kept in a library, art gallery or museum, for the purpose of reference, study or exhibition.
Means:
- information or an opinion about an individual's:
-
racial or ethnic origin; or
-
political opinions; or
-
membership of a political association; or
-
religious beliefs or affiliations; or
-
philosophical beliefs; or
-
membership of a professional or trade association; or
-
membership of a trade union; or
-
sexual preferences or practices; or
-
criminal record;
that is also personal information; or
-
health information about an individual.
A business is a small business if:
- its annual turnover for the previous financial year
was $3,000,000 or less, or
-
if it's a new business, its annual turnover for the current year is $3,000,000 or less.
Is a contract under which a contracted service provider for the Commonwealth contract is engaged to provide services to :
- another contracted service provider under the
Commonwealth contract; or
-
any agency
for the purposes (whether direct or indirect) of the Commonwealth contract.
An act done or practice engaged in by a trustee is taken to have been done or engaged in by the trust and any communication made to any trustee is taken to have been made to the trust.
An unincorporated association is not a separate legal entity. It consists of all its members at a particular time who have come together with a mutual understanding. It is usually carried out or formed for religious, educational, benevolent or charitable purposes, to provide medical treatment or to encourage literature, science, art, recreation or amusement.
Something done by a member of the committee of management of the association is taken to have been done by the organisation. Any communication made to any member of the committee of management of the association is taken to have been made to the organisation.
|
 |
top of page