Privacy Act 1988

PART IV - FUNCTIONS OF THE INFORMATION COMMISSIONER  

Division 3A - Assessments by, or at the direction of, the Commissioner  

SECTION 33C   COMMISSIONER MAY CONDUCT AN ASSESSMENT RELATING TO THE AUSTRALIAN PRIVACY PRINCIPLES ETC.  

33C(1)  
The Commissioner may conduct an assessment of the following matters:


(a) whether personal information held by an APP entity is being maintained and handled in accordance with the following:


(i) the Australian Privacy Principles;

(ii) a registered APP code that binds the entity;


(b) whether information held by an entity is being maintained and handled in accordance with the following to the extent that they apply to the information:


(i) the provisions of Part IIIA ;

(ii) the registered CR code if it binds the entity;


(c) whether tax file number information held by a file number recipient is being maintained and handled in accordance with any relevant rules issued under section 17 ;


(d) whether the data matching program (within the meaning of the Data-matching Program (Assistance and Tax) Act 1990 ) of an agency complies with Part 2 of that Act and the rules issued under section 12 of that Act;


(e) whether information to which section 135AA of the National Health Act 1953 applies is being maintained and handled in accordance with the rules issued under that section;


(f) whether the matching of information under Part VIIIA of the National Health Act 1953 , and the handling of information relating to that matching, is in accordance with that Part, including:


(i) any terms and conditions relating to the matching of the information determined by the Chief Executive Medicare under paragraph 132B(3)(a) of that Act; and

(ii) the principles made by the Minister under subsection 132F(1) of that Act.

33C(2)  
The Commissioner may conduct the assessment in such manner as the Commissioner considers fit.




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