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Allens Arthur Robinson

Chronology of Privacy Legislation in Australia

2006
October The Australian Law Reform Commission releases its Issues Paper in its Inquiry into the Privacy Act 1988.
September The Victoria Surveillance Devices (Workplace Privacy) Act 2006 is passed, which amends the Surveillance Devices Act 1999 to regulate the use of surveillance devices in workplaces.
September The Privacy Act Legislation Amendment Act 2006 is passed, which concerns the collection of information by doctors from the Prescription Shopping Information Service and clarifies the treatment of genetic information under the Privacy Act and when health service providers can disclose it.
September The Privacy Legislation Amendment (Emergencies and Disasters) Bill 2006 is introduced, to give agencies and organisations greater ability to manage the collection and disclosure of personal information in an emergency or disaster.
July The Do Not Call Register Act 2006 and the Do Not Call Register (Consequential Amendments) Act 2006 are passed to establish a National Do Not Call Register which is planned to be operational from about mid 2007.
February The Australian Law Reform Commission is given a new reference to review the legal framework for the protection of privacy in Australia.
2005
18 May Release of the Privacy Commissioner's review into the operation of the private sector provisions of the Privacy Act, 1988.
2004
17 December The Tasmanian Personal Information Protection Act 2004 received assent.
1 September The NSW Health Records and Information Privacy Act 2002 came into effect.
10 April Main operative provisions of Spam Act 2003 (Cth) come into effect.
2003
9 December The Fair Trading (Further Amendment) Act 2003 No 106 (Vic) (Vic Telemarketing Act) received assent - many of the operative provisions of the legislation have yet to be proclaimed.
3 December Privacy Amendment Bill 2003 tabled in Parliament.
2 December Spam Act 2003 (Cth) given Royal Assent and Part 1, sections 42 and 47 and Schedule 1 came into effect.
12 November Privacy and Personal Information Amendment Bill 2003 (NSW) was read a second time in the Legislative Council of New South Wales. Debate was adjourned.
25 August Fair Trading Amendment Act 2003 No 35 (NSW) (NSW Telemarketing Act) commences, excluding direct commerce provisions (which have not yet commenced).
22 July NSW Telemarketing Act received royal assent.
1 July Information Act 2002 (NT) commenced.
2002
21 December New regime applies to affected small businesses.
25 September Health Records and Information Privacy Act 2002 (NSW) assented to (but not yet in force).
1 July Health Records Act (Vic) came into effect.
2001
21 December New regime came into effect.
October Federal Privacy Commissioner begins to approve codes.
3 October Privacy Commissioner releases final Guidelines on Privacy in the Private Health Sector.
17 September Privacy Commissioner releases final version of NPP guidelines.
6 September Public comment period on draft s 95A guidelines ended.

Privacy Commissioner releases revised version of the Code Development Guidelines 
1 September Information Privacy Act (Vic) came into force.
6 August National Health and Medical Research Council releases draft

s 95A guidelines.
20 July Public comment period on draft NPP guidelines ended.
June Tasmania and Western Australia commenced drafting privacy legislation.
12 June Office of the Privacy Commissioner releases consultation paper: Privacy Issues in the Use of Public Key Infrastructure for Individuals.
15 May Draft Health Privacy Guidelines released.
7 May Federal Privacy Commissioner releases draft NPP guidelines.
2 May Federal Privacy Commissioner Announces two research projects - Privacy and the Community and Privacy, Business and Government.
10 April Health Records Act (Vic) received royal assent.
9 April Federal Privacy Commissioner releases draft code development guidelines.
2000
21 December Information Privacy (Qld) lapsed. No legislation is proposed by Queensland as at 30 June 2001.

Bill receives Royal Assent.
12 December Information Privacy Act (Vic) enacted.
6 December Bill, as amended by the House of Representatives, passed by the Senate for the second time. Awaiting Royal Assent.
5 December Bill returned to the House of Representatives. The substantial Senate amendments are rejected. Bill passed by the House of Representatives, with Government amendments, for the second time.
29-30 November Bill introduced and debated in the Senate. Amendments moved by the Opposition and the Democrats. Bill passed by the Senate for the first time.
8 November Bill passed for the first time by the House of Representatives with Government amendments.
June EU made submission to House of Representatives Committee that Privacy Amendment (Private Sector) Bill would not meet EU's test of 'adequacy' for participation in trade involving personal information with EU member states. Two major problems with the Bill included the inclusion of protection for employers and small businesses.
12 April Privacy Amendment (Private Sector) Bill introduced to the House of Representatives and read a first time.
January Surveillance Devices Act 1999 commences. Repeals Listening Devices Act 1969.
1999
December Attorney General Department released key draft provisions of the proposed new privacy legislation.
March Senate Legal and Constitutional References Committee Report on Privacy and the Private Sector released.
1998
December Data Protection Bill (Vic) (later named the Information Privacy Act).
30 November Privacy and Personal Information Act (NSW) was enacted.
1 February Health Records (Privacy and Access) Act (ACT) came into force.
February National Principles for the Fair Handling of Personal Information (voluntary code of regulation for the private sector) established by the Federal Privacy Commissioner.
1997
  Inquiry into general public opinion on privacy issues conducted by Federal Privacy Commissioner, Moira Scollay. Inquiry involved extensive consultation with consumers, business and, with regard to health information, health stakeholders.
1996
Attorney-General's discussion paper, Privacy Protection in the Private Sector, released.
1994
  NSW Privacy and Data Protection Bill (lapsed).
1992
Amendments relating to credit reporting made to the Privacy Act 1988.
1991
Privacy Bill (SA) introduced.
1990
Privacy Committee Act 1984 (QLD) amended and its operations extended for 1 year.
1989
Privacy Committee (SA) established.
1988
Data Protection Bill(WA).

 Privacy Act (Commonwealth) - regulates public sector.
1986
Australia Card proposed.

Privacy Bill 1986 proposed and abandoned.
Federal Government adopts OECD guidelines.

Privacy Committee Act (QLD).
1980
OECD Guidelines on Data Privacy Protection and Transborder Date Flows released.
1976
Australian Law Reform Commission is directed by the Attorney General to report on privacy. The report is published in 1983.
1975
Privacy Committee Act (NSW).
1971
Invasion of Privacy Act (QLD).

Information Storage Bill (VIC).
1969
Listening device legislation passed in NSW and Victoria.
1948
Universal Declaration of Human Rights adopted by the United Nations. The Declaration provides that 'No one shall be subject to arbitrary interference with his privacy, family home or correspondence, nor to attacks upon his honour or reputation. Everyone has the right to protection of law against such interference or attacks.'