Information Privacy and Other Legislation Amendment Act 2023 (Qld)

The Parliament of Queensland enacts—

Part 1    Preliminary

1   Short title

This Act may be cited as the Information Privacy and Other Legislation Amendment Act 2023.

2   Commencement

(1)This Act, other than parts 1A and 6 and schedule 1, part 1, commences on a day to be fixed by proclamation.

(2)The Acts Interpretation Act 1954, section 15DA does not apply to this Act.

Part 1A    Amendment of Coal Mining Safety and Health Act 1999

2A   Act amended

This part amends the Coal Mining Safety and Health Act 1999.

2B   Insertion of new pt 20, div 11

Part 20—
insert—

Division 11 Transitional provision for Information Privacy and Other Legislation Amendment Act 2023

327   Application of sch 3, definition union

(1)Schedule 3, definition union, as in force from the commencement, is taken to have applied from 1 December 2023 for all purposes.

(2)To remove any doubt, it is declared that the amendment of schedule 3, definition union by the Information Privacy and Other Legislation Amendment Act 2023, section 2C—

(a)has effect only to reflect a change of the union’s name; and

(b)does not affect the appointment or funding of industry safety and health representatives under part 8 before the commencement.

2C   Amendment of sch 3 (Dictionary)

Schedule 3, definition union—
omit, insert—

union means the Mining and Energy Union, Queensland District Branch.

Part 2    Amendment of Criminal Code

3   Code amended

This part amends the Criminal Code.

Note—

See also the amendment in schedule 1, part 2.

4   Amendment of s 408E (Computer hacking and misuse)

(1)Section 408E, heading—
omit, insert—

408E    Misuse of restricted computer

(2)Section 408E(1), ‘an offence’—
omit, insert—

a misdemeanour

(3) Section 408E(1), penalty, ‘2 years’—
omit, insert—

3 years

(4)Section 408E(5), definition benefit, ‘a benefit’—
omit, insert—

a benefit, pecuniary or otherwise,

5   Insertion of new pt 9, ch 108

Part 9—
insert—

Chapter 108 Transitional provision for Information Privacy and Other Legislation Amendment Act 2023

760   Application of s 408E

(1)This section applies if an act or omission constituting an offence against section 408E happened before the commencement, whether the proceeding for the offence is started before or after the commencement.

(2)Section 408E as in force before the commencement continues to apply in relation to the act or omission as if the Information Privacy and Other Legislation Amendment Act 2023, section 4 had not commenced.

Part 3    Amendment of Information Privacy Act 2009

6   Act amended

This part amends the Information Privacy Act 2009.

Note—

See also the amendments in schedule 1, part 2.

7   Amendment of long title

Long title, from ‘, and’—
omit.

8   Amendment of s 3 (Object of Act)

Section 3(1)—
omit, insert—

(1)The primary object of this Act is to provide for the fair collection and handling in the public sector environment of personal information.

9   Omission of ss 4 and 5

Sections 4 and 5—
omit.

10   Replacement of s 7 (Relationship with other Acts prohibiting disclosure of information)

Section 7—
omit, insert—

7   Relationship with other laws regulating personal information

(1)This Act is intended to operate subject to the provisions of other Acts regulating—

(a)the collection, storage, handling, accessing, amendment, management, transfer and use of personal information; or

(b)the disclosure, within the meaning of section 23, of personal information.

(2)Without limiting subsection (1), the operation of QPPs 6.1 and 6.2(d) and the permitted health situation mentioned in schedule 4, section 5 do not override any law with respect to assisted and substituted decision-making, including, for example, the Guardianship and Administration Act 2000 and the Powers of Attorney Act 1998.

11   Omission of s 9 (Relationship with Right to Information Act)

Section 9—
omit.

12   Replacement of ss 12 to 14

Sections 12 to 14—
omit, insert—

12   Meaning of personal information

Personal information means information or an opinion about an identified individual or an individual who is reasonably identifiable from the information or opinion—

(a)whether the information or opinion is true or not; and

(b)whether the information or opinion is recorded in a material form or not.

13   Meaning of held or holds in relation to personal information

Personal information is held by a relevant entity, or the entity holds personal information, if the personal information is contained in a document in the possession, or under the control, of the relevant entity.

13   Replacement of s 15 (Meaning of document otherwise)

Section 15—
omit, insert—

15   Meaning of document

In this Act, a document does not include a document to which the privacy principle requirements do not apply.

14   Replacement of s 16 (Meaning of document to which the privacy principles do not apply)

Section 16—
omit, insert—

16   Meaning of document to which the privacy principle requirements do not apply

In this Act, a document to which the privacy principle requirements do not apply means a document mentioned in schedule 1.

15   Omission of s 17 (Meaning of agency for ch 3)

Section 17—
omit.

16   Amendment of s 18 (Meaning of agency otherwise)

(1)Section 18, heading, ‘otherwise’—
omit.

(2)Section 18(1), ‘For this Act, other than for chapter 3,’—
omit, insert—

In this Act,

(3)Section 18(2)—
omit, insert—

(2)However, in this Act, agency does not include an excluded entity.

(4)Section 18—
insert—

(4)In this section—

excluded entity means—

(a)an entity mentioned in schedule 2, part 1; or

(b)an entity mentioned in schedule 2, part 2 in relation to the function mentioned in that part.

17   Omission of s 19 (Meaning of entity to which the privacy principles do not apply)

Section 19—
omit.

18   Amendment of s 20 (Special provision about application of Act other than ch 3 to a Minister)

(1)Section 20, heading, ‘other than ch 3’—
omit.

(2)Section 20(2)—
omit.

19   Amendment of s 21 (Meaning of public authority)

(1)Section 21(1)(c)(i), from ‘other’—
omit, insert—

other government assistance; or

(2)Section 21(1)(c)—
insert—

(ia)over which government is in a position to exercise control; or

(3)Section 21(1)(c)(ia) to (iii)—
renumber as section 21(1)(c)(ii) to (iv).

(4)Section 21(1)(d), ‘subsection (3)’—
omit, insert—

subsection (4)

(5)Section 21—
insert—

(1B)For subsection (1)(c), an entity may be declared by regulation to be a public authority for this Act in relation to only a part of the entity’s functions.

(6)Section 21(1B) to (4)—
renumber as section 21(2) to (5).

20   Amendment of s 23 (What it means to disclose personal information and to use personal information)

(1)Section 23(1)—
omit.

(2)Section 23(4), ‘Subsection (3)’—
omit, insert—

Subsection (2)

(3)Section 23(2) to (5)—
renumber as section 23(1) to (4).

21   Replacement of ss 24 and 25

Sections 24 and 25—
omit, insert—

24   References to doing an act or engaging in a practice

In this Act, a reference to doing an act or engaging in a practice in contravention of a requirement includes a reference to a failure to act or a failure to engage in a practice in contravention of the requirement.

22   Replacement of s 26 (Information Privacy Principles)

Section 26—
omit, insert—

26   Queensland privacy principles

(1)Each Queensland privacy principle (QPP) is set out in schedule 3.

(2)In this Act, a reference to a QPP followed by a number is a reference to the provision of schedule 3 having that number.

23   Amendment of s 27 (Agencies to comply with IPPs)

(1)Section 27, heading, ‘IPPs’—
omit, insert—

QPPs

(2)Section 27(1) and (2)—
omit, insert—

(1)An agency must comply with the QPPs.

Note—

For the application of the Act in relation to a Minister, see also section 20.

(2)Without limiting subsection (1), the agency must not do an act or engage in a practice that contravenes, or is otherwise inconsistent with, a requirement of a QPP.

24   Amendment of s 28 (Noncompliance with particular IPPs)

(1)Section 28, heading, ‘IPPs’—
omit, insert—

QPPs

(2)Section 28(1), ‘prescribed IPP’—
omit, insert—

prescribed QPP

(3)Section 28(2)—
omit, insert—

(2)In this section—

prescribed QPP means QPP 6 or 10.2.

publish, for personal information, means publish the information by way of television, newspaper, radio, internet or other form of communication.

25   Amendment of s 29 (Special provision for law enforcement agencies)

(1)Section 29(1), ‘IPP 2, 3, 9, 10 or 11’—
omit, insert—

QPP 3.6, 5, 6 or 10.1

(2)Section 29(1), ‘the IPP’—
omit, insert—

the QPP

26   Omission of ch 2, pt 2 (Compliance with NPPs)

Chapter 2, part 2—
omit.

27   Replacement of ch 2, pt 3, hdg (Transfer of personal information outside Australia)

Chapter 2, part 3, heading—
omit, insert—

Part 2    Disclosure of personal information outside Australia

28   Amendment of s 33 (Transfer of personal information outside Australia)

(1)Section 33, heading, ‘Transfer’—
omit, insert—

Disclosure

(2)Section 33, ‘may transfer’—
omit, insert—

may disclose

(3)Section 33, ‘the transfer’—
omit, insert—

the disclosure

(4)Section 33(d)(iv), ‘transfers’—
omit, insert—

discloses

(5)Section 33(d)(i) and (iv), ‘IPPs or, if the agency is a health agency, the NPPs’—
omit, insert—

QPPs

29   Replacement of ch 2, pt 4, hdg (Compliance with parts 1 to 3 by contracted service providers)

Chapter 2, part 4, heading—
omit, insert—

Part 3    Compliance with parts 1 and 2 and s 41 by contracted service providers

30   Amendment of s 35 (Binding a contracted service provider to privacy principles)

(1)Section 35, heading, ‘principles’—
omit, insert—

principle requirements

(2)Section 35(1), ‘part 1 or 2 and part 3’—
omit, insert—

parts 1 and 2 and section 41

31   Amendment of s 36 (Bound contracted service provider to comply with privacy principles)

(1)Section 36, heading, ‘principles’—
omit, insert—

principle requirements

(2)Section 36(1), ‘part 1 or 2 and part 3’—
omit, insert—

parts 1 and 2 and section 41

(3)Section 36(3), ‘part 1 or 2 and part 3’—
omit, insert—

the privacy principle requirements

32   Amendment of s 38 (Personal information relevant to portfolio responsibilities)

Section 38, ‘IPPs or NPPs’—
omit, insert—

QPPs

33   Replacement of ch 3 (Disclosure and amendment by application under this Act)

Chapter 3—
omit, insert—

Chapter 3    QPP codes and guideline for permitted general situations

Part 1    QPP codes

40   QPP codes

(1)A QPP code is a written code of practice about information privacy, approved by regulation under section 43, that states—

(a)how 1 or more of the QPPs are to be applied or complied with; and

(b)the agencies that are bound by the code, or a way of determining the agencies that are bound by the code.

(2)A QPP code may also impose additional requirements to those imposed by a QPP, to the extent the additional requirements are not inconsistent with a QPP.

(3)A QPP code expires on the earlier of the following days—

(a)the day that is 5 years after the day the QPP code is approved under section 43;

(b)if the QPP code states an expiry day—the stated day.

41   Agencies must comply with QPP codes

An agency must not do an act, or engage in a practice, that contravenes a QPP code that is in effect and binds the agency.

42   Preparing QPP codes

(1)The information commissioner or an agency may prepare a draft QPP code or draft amendment of a QPP code and submit the draft to the Minister for endorsement.

(2)However, before the information commissioner or agency submits the draft code or amendment to the Minister, the commissioner or agency must—

(a)publish the draft on an accessible agency website; and

(b)invite the public to make submissions to the commissioner or agency about the draft within a stated period of at least 20 business days; and

(c)consider any submissions made within the stated period.

(3)An agency must, immediately after publishing a draft QPP code or draft amendment of a QPP code under subsection (2), notify the information commissioner of the publication.

43   Approval of QPP codes or amendments of QPP codes

(1)This section applies if a draft QPP code or draft amendment of a QPP code is submitted to the Minister under section 42.

(2)If the draft is submitted by an agency, the Minister must ask the information commissioner for submissions about the draft.

(3)The Minister must decide to endorse or refuse to endorse the draft, having regard to—

(a)any submissions made by the information commissioner; and

(b)any other relevant matter.

(4)If the Minister endorses the draft, the Minister must recommend to the Governor in Council the making of a regulation approving the QPP code or amended QPP code.

(5)The QPP code or amended QPP code—

(a)does not take effect unless it is approved by regulation; and

(b)takes effect on the day prescribed by regulation for the code or amended code.

(6)The information commissioner must, as soon as practicable after a regulation approving a QPP code or amended QPP code is made, publish the code or amended code on the commissioner’s website.

Part 2    Guideline for permitted general situations

44   Preparing guideline

(1)The information commissioner may—

(a)prepare a draft guideline about the collection, use or disclosure of personal information to assist an entity locate a person who has been reported as missing; and

(b)submit the draft to the Minister for endorsement.

(2)However, before the information commissioner submits the draft guideline to the Minister, the commissioner must—

(a)publish the draft on the commissioner’s website; and

(b)invite the public to make submissions to the commissioner about the draft within a stated period of at least 20 business days; and

(c)consider any submissions made within the stated period.

45   Approval of guideline

(1)This section applies if a draft guideline is submitted to the Minister under section 44.

(2)The Minister must decide to endorse or refuse to endorse the draft.

(3)If the Minister endorses the draft, the Minister must recommend to the Governor in Council the making of a regulation approving the guideline.

(4)The guideline—

(a)does not take effect unless it is approved by regulation; and

(b)takes effect on the day prescribed by regulation for the guideline; and

(c)expires 5 years after the day mentioned in paragraph (b).

(5)The information commissioner must, as soon as practicable after a regulation approving a guideline is made under this section, publish the guideline on the commissioner’s website.

Chapter 3A    Mandatory notification of data breaches

Part 1    Preliminary

46   Application of chapter

This chapter applies in relation to personal information, other than personal information in a document to which the privacy principle requirements do not apply, held by an agency.

47   Meaning of eligible data breach

(1)An eligible data breach of an agency is a data breach of the agency that occurs in relation to personal information held by the agency if—

(a)both of the following apply—

(i)the data breach involves unauthorised access to, or unauthorised disclosure of, the personal information;

(ii)the access or disclosure is likely to result in serious harm to an individual (an affected individual) to whom the personal information relates, having regard to the matters stated in subsection (2); or

(b)the data breach involves the personal information being lost in circumstances where—

(i)unauthorised access to, or unauthorised disclosure of, the personal information is likely to occur; and

(ii)if the unauthorised access to or unauthorised disclosure of the personal information were to occur, it would be likely to result in serious harm to an individual (also an affected individual) to whom the personal information relates, having regard to the matters stated in subsection (2).

(2)For subsection (1)(a)(ii) and (b)(ii), the matters are—

(a)the kind of personal information accessed, disclosed or lost; and

(b)the sensitivity of the personal information; and

(c)whether the personal information is protected by 1 or more security measures; and

(d)if the personal information is protected by 1 or more security measures—the likelihood that any of those security measures could be overcome; and

(e)the persons, or the kinds of persons, who have obtained, or who could obtain, the personal information; and

(f)the nature of the harm likely to result from the data breach; and

(g)any other relevant matter.

Part 2    Assessment of suspected eligible data breaches

48   Obligations of agencies in relation to data breaches

(1)This section applies in relation to a data breach of an agency if the agency knows, or reasonably suspects, that the data breach is an eligible data breach of the agency.

(2)The agency must—

(a)immediately, and continue to, take all reasonable steps to—

(i)contain the data breach; and

(ii)mitigate the harm caused by the data breach; and

(b)if the agency does not know whether the data breach is an eligible data breach of the agency—assess whether there are reasonable grounds to believe the data breach is an eligible data breach of the agency.

(3)An assessment under subsection (2)(b) must be completed within—

(a)30 days after the suspicion mentioned in subsection (1) was formed; or

(b)if the period mentioned in paragraph (a) is extended under section 49—the extended period.

(4)If, at any time, the agency becomes aware the data breach may affect another agency, the agency must give a written notice to the other agency of the data breach that includes—

(a)a description of the data breach; and

(b)a description of the kind of personal information the subject of the data breach, without including any personal information in the description.

(5)The agency need not comply with subsections (2)(b) and (3) in relation to the data breach if—

(a)all of the personal information the subject of the data breach is also the subject of a data breach of 1 or more other agencies; and

(b)at least 1 of the other agencies has undertaken to conduct the assessment in relation to the data breach.

49   Extension of period for assessment by agency

(1)This section applies if an agency required to conduct an assessment under section 48 is satisfied the assessment can not reasonably be completed within the 30 day period mentioned in section 48(3)(a).

(2)The agency may extend the period within which the assessment must be completed by no longer than the period reasonably required for the agency to complete the assessment.

(3)If the period is extended under subsection (2), the agency must, within the 30 day period mentioned in section 48(3)(a)—

(a)start the assessment; and

(b)give a written notice to the information commissioner stating—

(i)that the assessment has started; and

(ii)the period within which the assessment must be completed has been extended under this section; and

(iii)the day the extended period ends.

(4)The information commissioner may ask the agency to provide further information or updates about the progress of the assessment.

Part 3    Notifying eligible data breaches

Division 1 Preliminary

50   Application of part

(1)This part applies if an agency reasonably believes that there has been an eligible data breach of the agency.

(2)However, division 2 does not apply in relation to the agency to the extent an exemption applies to the agency under division 3.

Division 2 Notification

51   Agency must give statement about eligible data breach to information commissioner

(1)The agency must, as soon as practicable after forming the belief mentioned in section 50—

(a)prepare a statement that includes the information stated in subsection (2); and

(b)give the statement to the information commissioner.

(2)For subsection (1)(a), the statement must, to the extent it is reasonably practicable, include the following information—

(a)the information that must be included in a notification given under section 53(2)(a) to (e), (h) and (i);

(b)a description of the kind of personal information the subject of the data breach, without including any personal information in the description;

(c)the agency’s recommendations about the steps individuals should take in response to the data breach;

(d)whether the agency is reporting on behalf of other agencies affected by the same data breach and, if so, the details of the other agencies;

(e)the total number or, if it is not reasonably practicable to work out the total number, an estimate of the total number of each of the following—

(i)the individuals whose personal information has been accessed, disclosed or lost;

(ii)affected individuals for the data breach;

(f)either—

(i)the total number of individuals notified of the data breach or, if it is not reasonably practicable to work out the total number, an estimate of the total number; or

(ii)if section 57 is relied on, the total number of individuals who would have been notified if that section had not been relied on or, if it is not reasonably practicable to work out the total number, an estimate of the total number;

(g)whether the individuals notified have been advised about how to make a privacy complaint to the agency under section 166A.

52   Further information to be provided

(1)This section applies if it is not reasonably practicable to include any information required under section 51 when the statement is given to the information commissioner under that section, including, for example, the total number of individuals mentioned in section 51(2)(e) or (f).

(2)The agency must take all reasonable steps to provide the information to the commissioner as soon as practicable after the statement is given.

53   Agencies must notify particular individuals

(1)The agency must, as soon as practicable after the belief mentioned in section 50 is formed—

(a)if it is reasonably practicable to notify each individual whose personal information has been accessed, disclosed or lost—take reasonable steps to notify each individual of the information mentioned in subsection (2); or

(b)if paragraph (a) does not apply and it is reasonably practicable to notify each affected individual for the data breach—take reasonable steps to notify each affected individual of the information mentioned in subsection (2); or

(c)if paragraphs (a) and (b) do not apply—publish the information mentioned in subsection (2) on an accessible agency website for a period of at least 12 months, other than information that would prejudice the agency’s functions.

(2)A notification under subsection (1) must, to the extent it is reasonably practicable, include the following information—

(a)the name of the agency and, if more than 1 agency was affected by the data breach, the name of each other agency;

(b)the contact details of the agency or a person nominated by the agency for the individual to contact in relation to the data breach;

(c)the date the data breach occurred;

(d)a description of the data breach, including the type of eligible data breach under section 47;

(e)information about how the data breach occurred;

(f)for a notification under subsection (1)(a) or (b)—

(i)a description of the personal information the subject of the data breach; and

(ii)the agency’s recommendations about the steps the individual should take in response to the data breach;

(g)for a notification under subsection (1)(c)—

(i)a description of the kind of personal information the subject of the data breach, without including any personal information in the description; and

(ii)the agency’s recommendations about the steps individuals should take in response to the data breach;

(h)if the data breach involved unauthorised access to or disclosure of personal information—the period during which the access or disclosure was available or made;

(i)the steps the agency has taken or will take to contain the data breach and mitigate the harm caused to individuals by the data breach;

(j)information about how an individual may make a privacy complaint to the agency under section 166A.

(3)The agency must, as soon as practicable after a notice is published under subsection (1)(c), provide the information commissioner with information about how to access the notice.

(4)The information commissioner must, after receiving the information under subsection (3), publish on the commissioner’s website information about how to access the notice for a period of at least 12 months.

54   Particular agencies may collect, use and disclose relevant personal information for notification

(1)A regulation may prescribe—

(a)an agency (a disclosing agency) that may, under this section, disclose relevant personal information to another agency; and

(b)an agency (a receiving agency) that may, under this section, collect and use relevant personal information from a disclosing agency and disclose relevant personal information to the disclosing agency.

(2)A disclosing agency may disclose relevant personal information held by the agency to a receiving agency if the receiving agency is the subject of an eligible data breach.

(3)The receiving agency may collect and use relevant personal information from a disclosing agency, and disclose relevant personal information to the disclosing agency, if it is reasonably necessary for the purpose of confirming—

(a)the name and contact details of a notifiable individual; or

(b)whether a notifiable individual is deceased.

(4)A disclosing agency or receiving agency is not required to comply with a QPP in relation to the disclosure, collection or use of relevant personal information under this section.

(5)For subsection (2), an eligible data breach includes—

(a)a data breach that an agency reasonably believes is an eligible data breach; and

(b)a suspected data breach of an agency mentioned in section 61(1), whether or not the information commissioner has made a recommendation under section 61(4).

(6)If a disclosing agency may, under an Act, enter into an arrangement and charge a fee for the provision of personal information kept by the agency under that Act, the agency may do so under that Act in relation to personal information that may be disclosed under this section.

(7)In this section—

identifier, for an individual, means an identifier other than solely the individual’s name, including, for example, a number, that is—

(a)assigned to the individual in relation to the individual’s personal information by an entity for the purpose of uniquely identifying that individual, whether or not it is subsequently used other than in relation to the personal information; or

(b)adopted, used or disclosed in relation to the individual’s personal information by an entity for the purpose of uniquely identifying the individual.

notifiable individual means—

(a)an individual mentioned in section 53(1)(a) or (b); or

(b)an individual the information commissioner recommends should be notified under section 61(4).

relevant personal information means the following information about an individual—

(a)the name of the individual;

(b)the contact details of the individual;

(c)the date of birth of the individual;

(d)an identifier for the individual;

(e)if the individual is deceased—the date of the individual’s death.

Division 3 Exemptions

55   Exemption—investigations and proceedings

An agency need not comply with division 2 to the extent complying with that division is likely to prejudice—

(a)an investigation that could lead to the prosecution of an offence; or

(b)proceedings before a court or tribunal.

56   Exemption—eligible data breach of more than 1 agency

(1)This section applies if—

(a)an agency is not required to comply with requirements about assessing a data breach under section 48(2)(b) and (3) because section 48(5) applies to the agency; and

(b)another agency is required to comply with division 2 in relation to the data breach.

(2)The agency need not comply with division 2 in relation to the data breach.

57   Exemption—agency has taken remedial action

(1)This section applies in relation to an eligible data breach of an agency if—

(a)for a data breach involving unauthorised access to, or disclosure of, personal information—

(i)the agency takes action to mitigate the harm caused by the data breach; and

(ii)the action is taken before the access or disclosure results in serious harm to any individual; and

(iii)as a result of the action taken, the data breach is no longer likely to result in serious harm to any individual; or

(b)for a data breach involving the loss of personal information—

(i)the agency takes action to mitigate the loss; and

(ii)the action is taken before there is unauthorised access to, or disclosure of, the personal information; and

(iii)as a result of the action taken, there is no unauthorised access to, or disclosure of, the personal information; or

(c)for a data breach involving the loss of personal information—

(i)the agency takes action to mitigate the loss; and

(ii)the action is taken after there is unauthorised access to, or unauthorised disclosure of, the personal information but before the access or disclosure results in serious harm to any individual; and

(iii)as a result of the action taken, the data breach is no longer likely to result in serious harm to any individual.

(2)The agency need not comply with section 53 in relation to the eligible data breach.

58   Exemption—inconsistency with confidentiality provision

An agency need not comply with division 2 in relation to an eligible data breach of the agency to the extent the compliance would be inconsistent with a provision of an Act of the Commonwealth or a State that prohibits or regulates the use or disclosure of the information.

59   Exemption—serious risk of harm to health or safety

(1)An agency need not comply with section 53 in relation to an eligible data breach to the extent compliance would create a serious risk of harm to an individual’s health or safety, having regard to, for example—

(a)whether the harm caused by complying with division 2 is greater than the harm of not complying with that division; and

(b)the currency of the information relied on.

(2)If an agency relies on this section, the agency must give a written notice to the information commissioner stating—

(a)the extent to which the agency is exempt from complying with division 2 under this section; and

(b)whether or not the exemption is permanent or temporary; and

(c)if the exemption is temporary—when the agency expects the exemption will stop applying.

60   Exemption—compromise to cybersecurity

(1)An agency need not comply with section 53 in relation to an eligible data breach if compliance is likely to—

(a)compromise or worsen the agency’s cybersecurity; or

(b)lead to further data breaches of the agency.

(2)The exemption applies only for the period during which a matter mentioned in subsection (1)(a) or (b) continues to apply for the agency in relation to the eligible data breach.

(3)If an agency relies on this section, the agency must give a written notice to the information commissioner stating—

(a)the agency is exempt from complying with division 2 under this section; and

(b)when the agency expects the exemption will stop applying; and

(c)how the agency will review the application of the exemption.

(4)The agency must—

(a)review the application of the exemption each month for the period during which the exemption is relied on; and

(b)give the commissioner a summary of the review as soon as practicable after it is completed.

Part 4    Role of information commissioner

61   Information commissioner may direct agency to give statement and make recommendations

(1)This section applies if the information commissioner reasonably suspects a data breach of an agency may be an eligible data breach of the agency.

(2)The information commissioner may, after complying with subsections (5) and (6), direct the agency by written notice to prepare and give to the commissioner a statement providing the following information—

(a)the name and contact details of the agency and, if more than 1 agency was affected by the data breach, the name of each other agency;

(b)a description of the data breach, including the kind of personal information involved in the data breach;

(c)recommendations about the steps an individual who may be affected by the data breach should take in response to the data breach;

(d)any other information related to the data breach requested by the commissioner.

(3)The agency must comply with the direction.

(4)If a direction is given under subsection (2), the information commissioner may also, after complying with subsections (5) and (6), recommend to the agency that the agency notify individuals under section 53 as if the agency reasonably believed the data breach were an eligible data breach.

(5)Before giving a direction under subsection (2) or making a recommendation under subsection (4), the information commissioner must invite the agency to make a submission to the commissioner, within a reasonable period, about the data breach.

(6)Without limiting the matters the information commissioner may consider, in deciding whether to give a direction under subsection (2) or make a recommendation under subsection (4), the information commissioner must have regard to the following—

(a)any advice given to the information commissioner by a law enforcement agency;

(b)any submission made by the agency under subsection (5).

Part 5    Investigations

Division 1 Authorised officers

62   Functions

The functions of an authorised officer are to monitor and investigate whether an occasion has arisen for the exercise of the information commissioner’s powers that relate to an agency’s compliance with this chapter.

63   Appointment

The information commissioner may, by instrument in writing, appoint an appropriately qualified person as an authorised officer.

64   Identity cards

(1)The information commissioner must issue an identity card to each authorised officer.

(2)The identity card must—

(a)contain a recent photo of the authorised officer; and

(b)contain a copy of the signature of the information commissioner and authorised officer; and

(c)identify the person as an authorised officer under this part; and

(d)state an expiry date for the card.

65   Production or display of identity card

(1)In exercising a power in relation to a person in the person’s presence or by audio visual link, an authorised officer must—

(a)produce the authorised officer’s identity card for the person’s inspection before exercising the power; or

(b)have the identity card displayed so it is clearly visible to the person when exercising the power.

(2)However, if it is not practicable to comply with subsection (1), the authorised officer must produce the identity card for the person’s inspection at the first reasonable opportunity.

66   Return of identity card

If the office of a person as an authorised officer ends, the person must return the person’s identity card to the information commissioner within 15 business days after the office ends unless the person has a reasonable excuse.

Maximum penalty—10 penalty units.

Division 2 Entry of places occupied by agencies

67   General power to enter places occupied by agency

An authorised officer may enter an agency’s place of business, or another place occupied by the agency, if either of the following apply—

(a)the agency has consented to the commissioner’s request for entry made under section 68;

(b)the agency has failed to consent to the commissioner’s request for entry made under section 68, and the entry is made in compliance with the notice given for the entry under section 68(2).

68   Information commissioner must give written notice of entry

(1)Before an authorised officer enters a place occupied by an agency under section 67, the information commissioner must, by written notice, ask the agency to consent to an authorised officer entering the place.

(2)The notice must—

(a)explain the purpose of the entry, including the powers intended to be exercised; and

(b)propose a reasonable date and time for the entry; and

(c)ask for the agency’s principal officer’s written consent to the entry to be given to the information commissioner within a stated reasonable period; and

(d)if the place is the agency’s place of business, state that if the written consent is not given to the commissioner within the stated period, an authorised officer may enter the place on a stated reasonable date and at a stated reasonable time when the place—

(a)is open for carrying on the business; or

(b)is otherwise open for entry.

(3)If the notice is given to an agency, the agency must take all reasonable steps to facilitate entry by an authorised officer on the date and time consented to or stated under subsection (2)(d).

Maximum penalty—100 penalty units.

(4)For subsection (2)(d), an agency’s place of business does not include a part of the place where a person resides.

Division 3 Powers of authorised officers

69   General powers

(1)If an authorised officer enters a place under section 67, the authorised officer may do the following—

(a)require a person at the place who has the necessary skills or knowledge to demonstrate the data handling systems and practices of the agency that relate to the agency’s compliance with this chapter;

(b)inspect a document that is relevant to the systems, policies and practices of the agency that relate to the agency’s compliance with this chapter;

(c)remain at the place for the time necessary to achieve the purpose of the entry.

(2)Also, if the agency agrees, an authorised officer may exercise a power mentioned in subsection (1)(a) or (b) by audio visual link provided by the agency.

(3)In this section—

audio visual link means facilities that enable reasonably contemporaneous and continuous audio and visual communication between persons at different places and includes videoconferencing.

70   Power to require reasonable help

(1)If an authorised officer enters a place occupied by an agency under section 67, the authorised officer may require a person at the place to give the authorised officer reasonable help to exercise a power under that section, including, for example, to demonstrate data handling systems and practices or produce a document.

(2)When making a requirement under subsection (1), the authorised officer must give the person an offence warning for the requirement.

(3)In this section—

offence warning, for a requirement made by an authorised officer under subsection (1), means a warning that, without a reasonable excuse, it is an offence for the person of whom the requirement is made not to comply with the requirement.

71   Offence to contravene help requirement

(1)A person of whom a requirement is made under section 70(1) must comply with the requirement unless the person has a reasonable excuse.

Maximum penalty—100 penalty units.

(2)It is a reasonable excuse for an individual not to comply with a requirement under section 70(1) if complying with the requirement might—

(a)tend to incriminate the individual or expose the individual to a penalty; or

(b)result in the disclosure of information that is the subject of legal professional privilege; or

(c)result in the disclosure of confidential information in contravention of a law.

(3)However, subsection (2) does not apply if a document or information the subject of the help requirement is required to be held or kept by the individual under this Act.

Note—

See, however, section 74.

Part 6    Miscellaneous

72   Agency must keep register

(1)An agency must keep a register of eligible data breaches of the agency.

(2)The register must include the following information for each eligible data breach—

(a)a description of the eligible data breach, including the type of data breach under section 47;

(b)if a statement is required for the eligible data breach under section 51—the date the statement is provided;

(c)if further information about the eligible data breach is required to be given to the information commissioner under section 52—each date the further information is given;

(d)if individuals are notified of the eligible data breach under section 53(1)(a) or (b)—the individuals notified and the date and method used to notify the individuals;

(e)if the agency relied on an exemption under part 3, division 3—the exemption relied on;

(f)details of the steps taken by the agency to—

(i)contain the eligible data breach under section 48(2)(a) or (4)(a); and

(ii)mitigate the harm caused by the eligible data breach under section 48(4)(a);

(g)details of the actions taken by the agency to prevent future data breaches of a similar kind occurring.

(3)If it is not practicable to include any or all of the information mentioned in subsection (2) for an eligible data breach at a particular time, the agency must record the information in the register as soon as it is practicable to do so.

73   Agency must publish data breach policy

(1)An agency must prepare and publish a policy about how it will respond to a data breach, including a suspected eligible data breach, of the agency.

(2)The policy must be published on an accessible agency website.

74   Evidential immunity for individuals complying with particular requirements

(1)Subsection (2) applies if an individual gives information to an authorised officer under section 69 or 70(1).

(2)Evidence of the information, and other evidence directly or indirectly derived from the information, is not admissible against the individual in any proceeding to the extent it tends to incriminate the individual, or expose the individual to a penalty, in the proceeding.

(3)Subsection (2) does not apply to a proceeding about the false or misleading nature of the information or anything in which the false or misleading nature of the information is relevant evidence.

34   Amendment of s 134 (Information commissioner not subject to direction)

(1)Section 134(1)(a), ‘section 135, 136 or 137’—
omit, insert—

section 135 or 136

(2)Section 134(1)(b), ‘and reviews’—
omit, insert—

, reviews, audits mentioned in section 135(1)(b)(iii) and privacy complaints

35   Amendment of s 135 (Performance monitoring and support functions)

(1)Section 135, heading, after ‘monitoring’—
insert—

, investigation

(2)Section 135(1)(a)(i) and (ii)—
omit, insert—

(i)conducting—

(A)reviews of personal information handling practices of relevant entities, including technologies, programs, policies and procedures, to identify privacy related issues of a systemic nature generally or to identify particular grounds for the issue of compliance notices; or

(B)reviews of acts or practices of agencies in relation to compliance with chapter 3A, including data handling systems and practices, to identify data breach related issues of a systemic nature generally or to identify particular grounds for the issue of compliance notices; and

(ii)investigating an act done or practice engaged in by a relevant entity in relation to personal information, if the commissioner is satisfied on reasonable grounds that the act or practice may contravene the privacy principle requirements or, if the entity is an agency, the entity’s obligations under chapter 3A; and

(3)Section 135(1)(b)(i), ‘the privacy principles’—
omit, insert—

this Act

(4)Section 135(1)(b)(iii)—
omit, insert—

(iii)monitor and audit relevant entities’ compliance with this Act; and

(5)Section 135(1)(b)—
insert—

(vii)prepare, or assist in the preparation of, QPP codes; and

(viii) assist relevant entities in complying with obligations under QPP codes; and

(ix)prepare guidelines for permitted general situations under chapter 3, part 2; and

(6)Section 135(1)(c)—
omit, insert—

(c)issuing guidelines under section 138; and

(7)Section 135(1)(d), from ‘applicants’ to ‘Act,’—
omit, insert—

complainants for privacy complaints,

(8)Section 135(1)—
insert—

(e)if the commissioner considers it appropriate, reporting to the Speaker on the findings of a reportable matter, including reporting any recommendations to the relevant entity the subject of the reportable matter.

(9)Section 135(2), definition relevant entity—
omit.

(10)Section 135(2)—
insert—

reportable matter means—

(a)a review or investigation under subsection (1)(a); or

(b)an audit under subsection (1)(b)(iii).

36   Amendment of s 136 (Decision-making functions)

(1)Section 136(a)—
omit, insert—

(a)waiving or modifying—

(i)an obligation of a relevant entity to comply with the privacy principle requirements; or

(ii)an obligation of an agency to comply with chapter 3A, part 2 or 3 or section 72 or 73; and

(2)Section 136(c)—
omit.

(3)Section 136(d)—
renumber as section 136(c).

37   Omission of s 137 (External review functions)

Section 137—
omit.

38   Replacement of s 138 (Guidelines under Right to Information Act)

Section 138—
omit, insert—

138   Power to issue guidelines

(1)The information commissioner may issue a guideline about any matter relating to the information commissioner’s functions, including, for example, guidelines about—

(a)the interpretation and administration of this Act; and

(b)best practice for relevant entities in relation to information privacy generally; and

(c)the application of the privacy principle requirements, including the factors to be considered in determining whether the QPPs are being complied with.

(2)To remove any doubt, it is declared that—

(a)this section does not limit the information commissioner’s power to make guidelines under the Right to Information Act, section 132; and

(b)a guideline issued under that Act may include guidelines relating to the information commissioner’s functions under this Act.

39   Amendment of ch 4, pt 5, hdg (Waiving or modifying privacy principles obligations in the public interest)

Chapter 4, part 5, heading, ‘privacy principles’—
omit, insert—

particular

40   Amendment of s 157 (Waiver or modification approval)

(1)Section 157, heading—
omit, insert—

157   Applying for waiver or modification of particular obligations

(2)Section 157(1)—
omit, insert—

(1)A relevant entity may apply to the information commissioner for an approval that waives or modifies an obligation of the entity to comply with—

(a)the privacy principle requirements; or

(b)for an agency—chapter 3A, part 2 or 3 or section 72 or 73.

(3)Section 157(2), ‘the agency’s obligation to comply with the privacy principles’—
omit, insert—

an obligation mentioned in subsection (1)

(4)Section 157(4) and (5)—
omit, insert—

(4)The commissioner may give an approval under this section for an obligation only if the commissioner is satisfied that the public interest in the relevant entity’s compliance with the obligation is outweighed by the public interest in waiving or modifying the entity’s compliance with the obligation to the extent stated in the approval.

(5)While an approval is in force, the relevant entity does not contravene this Act in relation to the obligation the subject of the approval if the entity acts in accordance with the approval.

(5)Section 157(7)—
omit.

41   Amendment of s 158 (Compliance notice)

(1)Section 158(1), from ‘an agency a notice’ to ‘that the agency’—
omit, insert—

a relevant entity a notice (a compliance notice) if the commissioner is satisfied on reasonable grounds that the entity

(2)Section 158(1)(a)—
omit, insert—

(a)has done an act or engaged in a practice in contravention of a relevant obligation; and

(3)Section 158(2), ‘an agency’—
omit, insert—

a relevant entity

(4)Section 158—
insert—

(3)In this section—

relevant obligation means an obligation to comply with—

(a)the privacy principle requirements; or

(b)for an agency—

(i)chapter 3A, part 2 or 3; or

(ii)a direction given to the agency under section 61(2); or

(iii)section 72 or 73.

42   Amendment of s 159 (Extension of time for compliance)

(1)Section 159(1), ‘An agency’—
omit, insert—

A relevant entity

(2)Section 159(3)(a) and (b), ‘agency’—
omit, insert—

relevant entity

43   Amendment of s 160 (Agency must comply with notice)

(1)Section 160, heading, ‘Agency’—
omit, insert—

Relevant entity

(2)Section 160, ‘An agency’—
omit, insert—

A relevant entity

44   Amendment of s 161 (Application to Queensland Civil and Administrative Tribunal for review of decision to give compliance notice)

(1)Section 161(1), ‘An agency’—
omit, insert—

A relevant entity

(2)Section 161(1), ‘the agency’—
omit, insert—

the entity

45   Amendment of s 162 (Parties to QCAT proceeding)

Section 162, ‘The agency given a compliance notice’—
omit, insert—

The relevant entity given a compliance notice under this part

46   Amendment of s 163 (How QCAT may dispose of review)

Section 163, ‘an agency’—
omit, insert—

a relevant entity

47   Replacement of s 164 (Meaning of privacy complaint)

Section 164—
omit, insert—

164   Meaning of privacy complaint

(1)A privacy complaint is a complaint by an individual about an act done or practice engaged in by a relevant entity in relation to the individual’s personal information that may be a breach of the relevant entity’s obligation to comply with—

(a)the privacy principle requirements; or

(b)for an agency—chapter 3A, part 2 or 3.

(2)However, a privacy complaint does not include a complaint in relation to the individual’s personal information to the extent the personal information is—

(a)in a document to which this Act does not apply; or

(b)if the personal information is held by a bound contracted service provider—in a document held by the provider other than for the purpose of performing its obligations under the provider’s service arrangement.

164A    Response period for privacy complaints

(1)The response period for a privacy complaint made to a relevant entity is—

(a)the period of 45 business days after the day the privacy complaint is received by the relevant entity; or

(b)if the relevant entity asks the complainant for a longer period under subsection (2)—the period during which, under subsection (4), the relevant entity may continue to consider the privacy complaint, in addition to the period mentioned in paragraph (a).

(2)The relevant entity may, before the end of a response period under subsection (1), ask the complainant for a further specified period to consider the complaint.

(3)A request under subsection (2) may be made more than once.

(4)If the relevant entity makes a request under subsection (2), the relevant entity may continue to consider the complaint and respond to it until—

(a)the complainant refuses the request; or

(b)the relevant entity receives a notice that the complainant has made a privacy complaint to the information commission; or

(c)the further specified period requested under subsection (2) ends.

48   Amendment of s 166 (Requirements for privacy complaint)

(1)Section 166, heading, after ‘complaint’—
insert—

to information commissioner

(2)Section 166(1)(c), ‘act or practice complained of’—
omit, insert—

act or practice the subject of the complaint

(3)Section 166(3)—
omit, insert—

(3)However, an individual may not make a privacy complaint to the commissioner unless—

(a)the individual has first made a privacy complaint to the relevant entity under section 166A; and

(b)either—

(i)the individual does not consider the relevant entity’s response to the complaint to be adequate; or

(ii)the response period for the complaint has ended and the individual has not received a response to the complaint.

49   Insertion of new s 166A

After section 166—
insert—

166A    Requirements for privacy complaint to relevant entity

(1)A privacy complaint made to a relevant entity by an individual must—

(a)be in writing; and

(b)state an address to which the entity may respond to the complaint; and

(c)give particulars of the act or practice the subject of the complaint; and

(d)be made within 12 months after the complainant becomes aware of the act or practice the subject of the complaint, or a longer period agreed by the relevant entity.

(2)The relevant entity may agree to a longer period under subsection (1)(d) if the relevant entity is satisfied the extension is reasonable in the circumstances.

(3)The relevant entity must give reasonable help to the individual to put the complaint in writing.

50   Amendment of s 168 (Information commissioner may decline to deal with or to deal further with complaint)

Section 168(1)(f)—
omit, insert—

(f)12 months have elapsed since the earlier of the following days—

(i)the last day of the response period for the complaint;

(ii)the day the relevant entity responds to the complaint or part.

51   Insertion of new s 173A

After section 173—
insert—

173A    Confidentiality of mediation

Nothing said or done in the course of a mediation of a privacy complaint is admissible in any criminal, civil or administrative proceeding, unless the complainant and respondent for the complaint agree.

52   Amendment of s 175 (Advice to parties)

Section 175(b)—
omit, insert—

(b)that the complainant may ask the commissioner to refer the privacy complaint to QCAT under section 175A.

53   Insertion of new s 175A

After section 175—
insert—

175A    Complainant’s request for referral to Queensland Civil and Administrative Tribunal

(1)Within 20 business days after the date of the notice given under section 175, the complainant may, by written notice given to the information commissioner, ask the commissioner to refer the privacy complaint to QCAT.

(2)The information commissioner may, if asked by the complainant, extend the period mentioned in subsection (1) if the commissioner is satisfied extending the period is reasonable in all the circumstances.

(3)If the information commissioner extends the period under subsection (2), the commissioner must give a written notice to the complainant and the respondent for the privacy complaint stating the new period within which the complainant may give notice under subsection (1).

54   Amendment of s 176 (Referral to Queensland Civil and Administrative Tribunal)

Section 176(1)—
omit, insert—

(1)If the complainant gives written notice to the information commissioner under section 175A, the commissioner must refer the privacy complaint to QCAT within 20 business days after receiving the written notice.

55   Amendment of s 178 (How QCAT may dispose of complaint)

(1)Section 178(a), (b) and (c), ‘the complaint, or a part of the complaint’—
omit, insert—

the breach the subject of the complaint, or part of the complaint

(2)Section 178(a)(i)—
omit, insert—

(i)that the respondent must not repeat or continue the act or practice the subject of the complaint;

(3)Section 178(a)(iii)—
omit, insert—

(iii)that the respondent must apologise to the complainant for the act or practice the subject of the complaint;

(4)Section 178(a)(v)—
omit, insert—

(v)that the respondent is liable to pay the complainant a stated amount, of not more than $100,000 to compensate the complainant for loss or damage suffered by the complainant because of the act or practice the subject of the complaint, including for any injury to the complainant’s feelings or humiliation suffered by the complainant;

56   Amendment of s 179 (Access—protection against actions for defamation or breach of confidence)

(1)Section 179(1)—
omit, insert—

(1)If a person has been given access to a document and the access was required or permitted to be given under this Act—

(a)no action for defamation or breach of confidence lies against the State, an agency or an officer of an agency because of the authorising or giving of the access; and

(b)no action for defamation or breach of confidence in relation to any publication involved in, or resulting from, the giving of the access lies against the author of the document or another person because of the author or another person having given the document to an agency.

(2)Section 179(2), from ‘(including’ to ‘principles’—
omit, insert—

in compliance with the privacy principle requirements

(3)Section 179(3)—
omit.

57   Omission of s 180 (Publication—protection against actions for defamation or breach of confidence)

Section 180—
omit.

58   Replacement of s 181 (Access—protection in respect of offences)

Section 181—
omit, insert—

181   Access—protection in respect of offences

If access has been given to a document and the access was required or permitted to be given under this Act, neither the person authorising the access nor any other person concerned in the giving of the access commits a criminal offence merely because of the authorising or giving of the access.

59   Omission of s 182 (Publication—protection in respect of offences)

Section 182—
omit.

60   Amendment of s 183 (Protection of agency, information commissioner etc. from personal liability)

(1)Section 183(3), definition relevant entity, paragraph (c)—
omit.

(2)Section 183(3), definition relevant entity, paragraphs (d) to (f)—
renumber as section 183(3), definition relevant entity, paragraphs (c) to (e).

61   Amendment of s 185 (Unlawful access)

Section 185(2)—
omit.

62   Amendment of s 186 (False or misleading information)

(1)Section 186(1), ‘the information commissioner, or a member of the staff of the OIC,’—
omit, insert—

an official

(2)Section 186(2)(a), ‘commissioner or member’—
omit, insert—

official

(3)Section 186(2)(b), ‘commissioner or member’—
omit, insert—

the official

(4)Section 186—
insert—

(4)In this section—

official means—

(a)the information commissioner; or

(b)a member of the staff of the OIC; or

(c)an authorised officer.

63   Replacement of s 187 (Failure to produce documents or attend proceedings)

Section 187—
omit, insert—

187   Failure to give information or attend proceedings

(1)A person given notice under section 197 to give information to, or attend before, the information commissioner must not, without reasonable excuse, fail to do so.

Maximum penalty—100 penalty units.

(2)If the person is an individual and is given notice to give information, it is a reasonable excuse for the person to fail to give the information if complying with the requirement might tend to incriminate the person or expose the person to a penalty.

(3)Subsection (2) does not apply in relation to information that is in a document required to be kept by the person under this Act.

64   Amendment of s 188 (Disclosure or taking advantage of information)

(1)Section 188(b), ‘himself or herself’—
omit, insert—

themself

(2)Section 188—
insert—

(2)Subsection (1)(a) does not apply if the person reasonably believes that the disclosure is necessary to lessen or prevent a serious threat to the life, health or safety of an individual, or to public health or safety.

65   Omission of ch 7, pt 1 (Archival documents)

Chapter 7, part 1—
omit.

66   Amendment of s 193 (Reports of information commissioner)

Section 193(1)—
omit, insert—

(1)The information commissioner may make a report to the Speaker on matters relating to—

(a)the findings of a reportable matter under section 135(2); or

(b)the performance of any other function of the commissioner.

67   Replacement of s 194 (Report to Assembly on Act’s operation)

Section 194—
omit, insert—

194   Report to Assembly on Act’s operation

(1)An agency or Minister must, as soon as practicable after the end of each financial year, give the information commissioner the information prescribed by regulation about the operation of this Act in relation to the agency or Minister during that year.

(2)The information commissioner must, as soon as practicable after receiving the information mentioned in subsection (1), prepare a report on the operation of this Act during that year and give the report to the parliamentary committee.

(3)A report under subsection (2) must include, in relation to the financial year to which it relates, details of the matters prescribed by regulation.

(4)The chair of the parliamentary committee must table a report received under subsection (2) in the Assembly within 3 sitting days after the committee receives the report.

(5)A report under this section may be included as part of a report prepared by the information commissioner and given and tabled under the Right to Information Act, section 185.

68   Amendment of s 195 (Functions of parliamentary committee)

(1)Section 195(c)—
omit.

(2)Section 195(d) to (f)—
renumber as section 195(c) to (e).

69   Amendment of s 196 (Power of person acting for another person)

(1)Section 196(1), ‘an access or amendment application or other’—
omit, insert—

a

(2)Section 196(2)—
omit, insert—

(2)In this section—

child means an individual who is under 18 years.

parent—

1Parent, of a child, means any of the following persons—

(a)the child’s mother;

(b)the child’s father;

(c)a person who exercises parental responsibility for the child, including a person who is granted guardianship of the child under the Child Protection Act 1999 or who otherwise exercises parental responsibility for the child under a decision or order of a federal court or a court of a State.

2However, a person standing in the place of a parent of a child on a temporary basis is not a parent of the child.

3A parent of an Aboriginal child includes a person who, under Aboriginal tradition, is regarded as a parent of the child.

4A parent of a Torres Strait Islander child includes a person who, under Island custom, is regarded as a parent of the child.

70   Insertion of new s 196A

After section 196—
insert—

196A    Information commissioner may make preliminary inquiries

The information commissioner may make preliminary inquiries of any person for the purpose of determining whether to investigate an act or practice on the commissioner’s own initiative or otherwise under section 135(1)(a)(ii).

71   Amendment of s 197 (Power of information commissioner for compliance notices and privacy complaints)

(1)Section 197, heading, from ‘for’—
omit, insert—

to require information or attendance

(2)Section 197(1), before paragraph (a)—
insert—

(aaa) a review into personal information handling practices under section 135(1)(a)(i); or

(aab) an investigation of an act done or practice engaged in by a relevant entity in relation to personal information under section 135(1)(a)(ii); or

(aac) an audit under section 135(1)(b)(iii); or

(3)Section 197(1)—
insert—

(aa)preliminary inquiries the commissioner is making of the respondent for a privacy complaint under section 167; or

(4)Section 197(1)(aaa) to (b)—
renumber as section 197(1)(a) to (f).

(5)Section 197(4), from ‘relevant’—
omit, insert—

relevant to the matter mentioned in subsection (1).

72   Replacement of s 199 (Contents of prescribed written notice)

Section 199—
omit, insert—

199   Exchange of information

(1)The information commissioner may enter into an arrangement (an information-sharing arrangement) with a prescribed agency for the purpose of sharing or exchanging information—

(a)held by the information commissioner or the prescribed agency; or

(b)to which the information commissioner or prescribed agency has access.

(2)An information-sharing arrangement may relate only to information that assists—

(a)the information commissioner perform the commissioner’s functions under this Act; or

(b)the prescribed agency perform its functions.

(3)Under an information-sharing arrangement, the information commissioner and the prescribed agency are, despite another Act or law, authorised to—

(a)ask for and receive information held by the other party to the arrangement or to which the other party has access; and

(b)disclose information to the other party.

(4)In this section—

prescribed agency—

(a)means a department or administrative unit within a department that has functions related to whole of government cybersecurity management and operations; or

(b)a department or government entity of the State, another State or the Commonwealth that has functions related to protecting the privacy of individuals, whether or not the entity has other functions; or

(c)another department, public authority or government entity of the State, another State or the Commonwealth, prescribed by regulation for this paragraph.

199A    Corporations legislation displacement

(1)A regulation may declare a provision of this Act that applies in relation to a prescribed corporation to be a Corporations legislation displacement provision for the purposes of the Corporations Act, section 5G.

(2)A regulation under subsection (1) may be declared to apply in relation to—

(a)the whole of the Corporations legislation or a particular provision of the Corporations legislation; or

(b)all prescribed corporations or a particular prescribed corporation.

(3)In this section—

prescribed corporation means a corporation, within the meaning of the Corporations Act, that is declared under section 21(1)(c) to be a public authority for this Act.

73   Insertion of new ch 8, pt 3

Chapter 8—
insert—

Part 3    Transitional provisions for Information Privacy and Other Legislation Amendment Act 2023

215   Definitions for part

In this part—

amendment Act means the Information Privacy and Other Legislation Amendment Act 2023.

former, for a provision of this Act, means the provision as in force from time to time before the commencement of the provision in which the term is used.

former IP Act means this Act as in force from time to time before the commencement of the provision in which the term is used.

216   Existing bound contracted service providers

(1)This section applies in relation to a contracted service provider that, immediately before the commencement, was a bound contracted service provider required to comply with former chapter 2, part 1 or 2 and part 3 under former section 36.

(2)The requirement to comply with former chapter 2, part 1 or 2 and part 3 continues to apply to the contracted service provider in relation to personal information it holds under the service arrangement.

(3)This Act applies in relation to the contracted service provider as if a reference to the privacy principle requirements were a reference to the requirement to comply with former chapter 2, part 1 or 2 and part 3 under former section 36.

(4)Subsections (2) and (3) do not prevent the contracted service provider and agency agreeing to vary the service arrangement to require the contracted service provider to comply with chapter 2, parts 1 and 2 and section 41.

(5)This section stops applying in relation to the contracted service provider if the service arrangement is varied as mentioned in subsection (4).

217   Existing access and amendment applications

(1)This section applies if an application or purported application under former chapter 3 has been made, but not finalised, before the commencement.

(2)The former IP Act continues to apply in relation to the application or purported application as if the amendment Act had not been enacted.

(3)For subsection (1), an application or purported application under former chapter 3 has not been finalised until—

(a)a decision on the application or purported application has been made or taken to have been made; and

(b)either—

(i)the time for exercising any review rights or appeal rights in relation to the decision has ended without any rights being exercised; or

(ii)any review or appeal in relation to the decision has ended.

Note—

See also the Right to Information Act, section 206Q.

218   Continued protection for giving access to or publishing chapter 3 documents

(1)This section applies in relation to a chapter 3 document accessed or published—

(a)before the commencement; or

(b)under section 217.

(2)Former sections 179 and 181 continue to apply in relation to the authorising or giving of access to a chapter 3 document as if the amendment Act had not been enacted.

(3)Former sections 180 and 182 continue to apply in relation to the publication of a chapter 3 document as if the amendment Act had not been enacted.

(4)In this section—

chapter 3 document means a chapter 3 document within the meaning of the former IP Act.

219   Delayed application of ch 3A to local governments

Chapter 3A does not apply in relation to an agency that is a local government until the day that is 1 year after the commencement.

220   Existing approvals under former s 157

A waiver or modification approval given under former section 157 lapses on the commencement of this section.

221   Existing compliance notices under s 158

(1)This section applies if—

(a)before the commencement, the information commissioner had given an agency a compliance notice under section 158 in relation to the privacy principles as in force before the commencement; and

(b)immediately before the commencement, the time for complying with the notice under this Act had not ended.

(2)The agency must comply with the notice in relation to the privacy principles under the former IP Act as if the amendment Act had not been enacted.

222   Information commissioner may issue compliance notice for failure to comply with former IP Act

(1)This section applies if—

(a)before the commencement, an agency had done an act or engaged in a practice in contravention of a requirement to comply with the privacy principles under the former IP Act; and

(b)immediately before the commencement the information commissioner had not yet given a compliance notice to the agency under section 158 in relation to the act or practice; and

(c)the act or practice also constitutes a contravention of the privacy principle requirements.

(2)The information commissioner may give the agency a compliance notice under section 158 in relation to the act or practice.

223   Privacy complaints about act or practice of relevant entity not yet made before commencement

(1)This section applies if—

(a)before the commencement, a person could have made a privacy complaint under former chapter 5, part 1 about an act or practice engaged in by a relevant entity before the commencement; and

(b)immediately before the commencement, the privacy complaint had not been made.

(2)The privacy complaint may be made under former chapter 5, and former chapter 5 continues to apply in relation to the complaint, as if the amendment Act had not been enacted.

224   Privacy complaints made but not finalised before commencement

(1)This section applies if—

(a)before the commencement, a privacy complaint was made or referred to the information commissioner under former chapter 5, part 1; and

(b)immediately before the commencement, the complaint, or a part of the complaint, had not been finalised.

(2)Former chapter 5 continues to apply in relation to the privacy complaint or part of the privacy complaint as if the amendment Act had not been enacted.

(3)For subsection (1)(b), a privacy complaint or part of a privacy complaint is finalised if—

(a)any of the following apply—

(i)the information commissioner has declined to deal, or continue to deal, with the complaint or part under former section 168;

(ii)the information commissioner has referred the privacy complaint or part to another entity under section 169;

(iii)a mediated agreement has been certified for the privacy complaint or part under section 172;

(iv)QCAT has disposed of the complaint or part under former section 178; and

(b)the time for exercising any review or appeal rights in relation to a matter mentioned in paragraph (a) has ended without any rights being exercised.

225   Continuation of sections 185 and 187 for chapter 3 documents

(1)This section applies in relation to an offence against former section 185 or 187 committed in relation to a chapter 3 document by a person before the commencement.

(2)Without limiting the Acts Interpretation Act 1954, section 20, a proceeding for the offence may be continued or started, and the person may be convicted of and punished for the offence, as if the amendment Act, sections 61 and 63 had not commenced.

(3)Subsection (2) applies despite the Criminal Code, section 11.

226   Report to Assembly on Act’s operation

(1)This section applies in relation to a financial year ending before the commencement if the report for the financial year has not been tabled in the Assembly under former section 194.

(2)Former section 194 continues to apply in relation to the financial year as if the amendment Act had not been enacted.

(3)Section 194 as in force on the commencement does not apply in relation to the financial year.

73A   Amendment of sch 2 (Entities to which the privacy principles do not apply)

(1)Schedule 2, heading, ‘Entities to which the privacy principles do not apply’—
omit, insert—

Excluded entities

(2)Schedule 2, part 1, heading, ‘Entities to which the privacy principles do not apply’—
omit, insert—

Excluded entities

(3)Schedule 2, part 1—
insert—

7an APP entity under the Privacy Act 1988 (Cwlth)

(4)Schedule 2, part 2, heading, ‘to which the privacy principles do not apply’—
omit, insert—

that are excluded entities

74   Replacement of schs 3 and 4

Schedules 3 and 4—
omit, insert—

Schedule 3 Queensland privacy principles

section 26

Note—

In this schedule—

(a)each QPP is numbered using the provision number of the corresponding APP; and

(b)a reference in an editor’s note to an APP followed by a number is a reference to a provision of the Privacy Act 1988 (Cwlth), schedule 1, having that number; and

(c)editor’s notes describe material differences between a particular QPP and the corresponding APP.

Part 1    Consideration of personal information privacy

1   QPP 1—open and transparent management of personal information

1.1The object of this QPP is to ensure that agencies manage personal information in an open and transparent way.

Compliance with the QPPs etc.

1.2An agency must take reasonable steps to implement practices, procedures and systems relating to the agency’s functions or activities that—

(a)will ensure the agency complies with the QPPs and any QPP code that binds the agency; and

(b)will enable the agency to deal with inquiries and complaints from individuals about the agency’s compliance with the QPPs or any QPP code that binds the agency.

QPP privacy policy

1.3An agency must have a clearly expressed and up-to-date policy (the QPP privacy policy) about the management of personal information by the agency.

1.4Without limiting QPP 1.3, the QPP privacy policy of the agency must contain the following information—

(a)the kinds of personal information that the agency collects and holds;

(b)how the agency collects and holds personal information;

(c)the purposes for which the agency collects, holds, uses and discloses personal information;

(d)how an individual may access personal information about the individual that is held by the agency and seek the correction of the information;

(e)how an individual may complain about a breach of the QPPs, or any QPP code that binds the agency, and how the agency will deal with the complaint;

(f)whether the agency is likely to disclose personal information to entities outside Australia;

(g)if the agency is likely to disclose personal information to entities outside of Australia—the countries in which the recipients are likely to be located if it is practicable to state those countries in the policy.

Availability of QPP privacy policy etc.

1.5An agency must take reasonable steps to make its QPP privacy policy available—

(a)free of charge; and

(b)in an appropriate form.

Example of how agency may make its QPP privacy policy available—

publication on the agency’s website

1.6If a person requests a copy of the QPP privacy policy of an agency in a particular form, the agency must take reasonable steps to give the person a copy in that form.

2   QPP 2—anonymity and pseudonymity

2.1Individuals must have the option of not identifying themselves, or of using a pseudonym, when dealing with an agency in relation to a particular matter.

2.2QPP 2.1 does not apply if, in relation to the matter—

(a)the agency is required or authorised under an Australian law, or a court or tribunal order, to deal with individuals who have identified themselves; or

(b)it is impracticable for the agency to deal with individuals who have not identified themselves or who have used a pseudonym.

Part 2    Collection of personal information

3   QPP 3—collection of solicited personal information

Personal information other than sensitive information

3.1An agency must not collect personal information, other than sensitive information, unless the information is reasonably necessary for, or directly related to, 1 or more of the agency’s functions or activities.

Editor’s note—

The equivalent APP includes a provision applying to certain private sector entities (see APP 3.2).

Sensitive information

3.3An agency must not collect sensitive information about an individual unless—

(a)the individual consents to the collection of the information and the information is reasonably necessary for, or directly related to, 1 or more of the agency’s functions or activities; or

Editor’s note—

The equivalent APP includes a provision applying to certain private sector entities (see APP 3.3(a)(ii)).

(b)QPP 3.4 applies in relation to the information.

3.4This QPP applies in relation to sensitive information about an individual if—

(a)the collection of the information is required or authorised under an Australian law or a court or tribunal order; or

(b)a permitted general situation exists in relation to the collection of the information by the agency; or

Note—

Permitted general situations are stated in schedule 4, part 1.

(c)the agency is a health agency and a permitted health situation exists in relation to the collection of the information by the agency; or

Note—

Permitted health situations are stated in schedule 4, part 2.

(d)the agency is a law enforcement agency and the agency reasonably believes that the collection of the information is reasonably necessary for, or directly related to, 1 or more of the agency’s functions or activities.

Editor’s note—

The equivalent APP includes a provision applying to—

(a)the Commonwealth Immigration Department (see APP 3.4(d)(i)); and

(b)non-profit organisations (see APP 3.4(e)).

Means of collection

3.5An agency must collect personal information only by lawful and fair means.

3.6An agency must collect personal information about an individual only from the individual unless—

(a)either—

(i)the individual consents to the collection of the information from someone other than the individual; or

(ii)the agency is required or authorised under an Australian law, or a court or tribunal order, to collect the information from someone other than the individual; or

(b)it is unreasonable or impracticable to do so.

Solicited personal information

3.7This QPP applies to the collection of personal information that is solicited by an agency.

4   QPP 4—dealing with unsolicited personal information

4.1If—

(a)an agency receives personal information; and

(b)the agency did not solicit the information;

      the agency must, within a reasonable period after receiving the information, decide whether or not the agency could have collected the information under QPP 3 if the agency had solicited the information.

4.2The agency may use or disclose the personal information for the purposes of making the decision under QPP 4.1.

4.3If—

(a)the agency decides the agency could not have collected the personal information; and

(b)the information is not contained in a public record;

      the agency must, as soon as practicable but only if it is lawful and reasonable to do so, destroy the information or ensure that the information is de-identified.

4.4If QPP 4.3 does not apply in relation to the personal information, QPPs 5 to 13 apply in relation to the information as if the agency had collected the information under QPP 3.

5   QPP 5—notification of the collection of personal information

5.1At or before the time or, if that is not practicable, as soon as practicable after, an agency collects personal information about an individual, the agency must take steps, if any, that are reasonable in the circumstances to—

(a)notify the individual of the matters mentioned in QPP 5.2 that are reasonable in the circumstances; or

(b)otherwise ensure that the individual is aware of those matters.

5.2The matters for QPP 5.1 are the following—

(a)the identity and contact details of the agency;

(b)if—

(i)the agency collects the personal information from someone other than the individual; or

(ii)the individual may not be aware that the agency has collected the personal information;

      the fact that the agency collects, or has collected, the information and the circumstances of that collection;

(c)if the collection of the personal information is required or authorised under an Australian law, or a court or tribunal order—the fact that the collection is required or authorised, including the name of the Australian law, or details for the court or tribunal order, that requires or authorises the collection;

(d)the purposes for which the agency collects the personal information;

(e)the main consequences, if any, for the individual if all or some of the personal information is not collected by the agency;

(f)any other agency or entity, or the kinds of any other agencies or entities, to which the agency usually discloses personal information of the kind collected by the agency;

(g)that the QPP privacy policy of the agency contains information about how the individual may access the personal information about the individual that is held by the agency and seek the correction of the information;

(h)that the QPP privacy policy of the agency contains information about how the individual may complain about a breach of the QPPs, or any QPP code that binds the agency, and how the agency will deal with the complaint;

(i)whether the agency is likely to disclose the personal information to entities outside of Australia;

(a)stating that the relevant decision is set aside; and

(b)directing the agency or Minister to decide whether access is to be given to the subject documents as if the ground for making the relevant decision did not apply in relation to the documents.

(3)If an agency or Minister is given a notice under subsection (2), a new access application is taken to have been made by the access applicant under section 24 in relation to the subject documents.

(4)For subsection (3)—

(a)the new access application is taken to have been made on the day that is 21 business days after the information commissioner gives the notice to the agency or Minister under subsection (2); and

(b)despite section 24(2)(a), no application fee is payable in relation to the new access application; and

(c)despite section 24(2)(d)(i), the new access application need not be accompanied by evidence of identity for the access applicant; and

(d)despite section 24(2)(d)(ii), if an agent is acting for the access applicant and the agent is the same agent who acted on the original access application, the new access application need not be accompanied by evidence of the agent’s authorisation; and

(e)for section 43, the original access application is taken never to have been made in relation to the subject documents.

(5)In this section—

access applicant means the applicant for the original access application.

relevant decision, in relation to an access application, means a decision—

(a)that the application or a part of the application is outside the scope of this Act under section 32(1)(b); or

(b)that the application does not comply with all relevant application requirements under section 33(6); or

(c)to refuse to deal with the application under chapter 3, part 4; or

(d)to refuse access to a document under section 47(3)(f) because other access to the document is available; or

(e)to refuse access to a document containing prescribed information by giving written notice under section 55(2).

subject documents means documents the subject of the original access application to which access is not given because of the relevant decision.

110B    Direction to decide whether documents to be amended

(1)This section applies in relation to an external review of a relevant decision made by an agency or Minister in relation to an amendment application (the original amendment application) if—

(a)the information commissioner would, other than for this section, have decided to set aside the relevant decision and make a decision in substitution for the relevant decision under section 110(1)(c); and

(b)the commissioner believes it would be more efficient and effective for the agency or Minister to consider whether amendment of the subject documents is to be permitted or refused than for the commissioner to make a decision in substitution for the relevant decision under section 110(1)(c); and

(c)the commissioner believes that if the agency or Minister were to consider whether amendment of the subject documents is to be permitted or refused, it is reasonably likely the agency or Minister would be able to make a decision that is consistent with the primary object of this Act.

(2)The commissioner may, after consulting with the agency or Minister about the matters mentioned in subsection (1), set aside the relevant decision and give a notice to the agency or Minister—

(a)stating that the relevant decision is set aside; and

(b)directing the agency or Minister to decide whether amendment of the subject documents is to be permitted or refused as if the ground for making the relevant decision did not apply in relation to the documents.

(3)If an agency or Minister is given a notice under subsection (2), a new amendment application is taken to have been made by the amendment applicant under section 78E in relation to the subject documents.

(4)For subsection (3)—

(a)the new amendment application is taken to have been made on the day that is 21 business days after the information commissioner gives the notice to the agency or Minister under subsection (2); and

(b)despite section 78E(4)(d)(i), the new amendment application need not be accompanied by evidence of identity for the amendment applicant; and

(c)despite section 78E(4)(d)(ii), if an agent is acting for the amendment applicant and the agent is the same agent who acted on the original amendment application, the new amendment application need not be accompanied by evidence of the agent’s authorisation; and

(d)for section 78P, the original amendment application is taken never to have been made in relation to the subject documents.

(5)In this section—

amendment applicant means the applicant for the original amendment application.

relevant decision, in relation to an amendment application, means a decision—

(a)that the application or a part of the application is outside the scope of this Act under section 78J(1)(b); or

(b)that the application does not comply with all relevant application requirements under section 78K(6); or

(c)to refuse to deal with the application under chapter 3A, part 4.

subject documents means documents the subject of the original amendment application amendment of which was neither permitted nor refused because of the relevant decision.

124   Amendment of s 113 (Disciplinary action)

(1)Section 113(2)(a), after ‘section 31’—
insert—

or 78I

(2)Section 113(3), definition responsible Minister, paragraph (c), ‘another’—
omit, insert—

a

(3)Section 113(3), definition responsible Minister, paragraph (e), ‘section 16(1)(a), (c)(ii) or (ca)’—
omit, insert—

section 16(1)(a) or (ca) or declared under section 16A on the basis of the Minister being satisfied under section 16A(2)(a)(iii)

125   Renumbering of ch 3, pt 10 (Vexatious applicants)

Chapter 3, part 10—
renumber as chapter 3B, part 3.

126   Amendment of s 114 (Vexatious applicants)

(1)Section 114(2)(a), ‘access actions’—
omit, insert—

access or amendment actions

(2)Section 114(2)(b), ‘access action’—
omit, insert—

access or amendment action

(3)Section 114(5), ‘access application’—
omit, insert—

access or amendment application

(4)Section 114(8), definition abuse of process, ‘access action’—
omit, insert—

access or amendment action

(5)Section 114(8), definition abuse of process, paragraph (c), after ‘access to’—
insert—

or amendment of

(6)Section 114(8), definition access action—
omit, insert—

access or amendment action means any of the following—

(a)an access application;

(b)an amendment application;

(c)an internal review application;

(d)an external review application.

(7)Section 114(8), definition engage, ‘access action’—
omit, insert—

access or amendment action

127   Renumbering of ch 3, pt 11 (References of questions of law and appeals)

Chapter 3, part 11—
renumber as chapter 3B, part 4.

128   Amendment of s 119 (Appeal to Queensland Civil and Administrative Tribunal on question of law)

(1)Section 119—
insert—

(1A)Also, a person affected by a judicial function decision may appeal to the appeal tribunal against a judicial function decision.

(2)Section 119(3)(b)—
omit, insert—

(b)be served as soon as possible—

(i)for a participant in an external review—on all participants in the external review; or

(ii)for a person affected by a judicial function decision—on the entity that made the decision.

(3)Section 119(5)—
omit, insert—

(5)For an appeal against a decision of the information commissioner under subsection (1), the participants in the external review, other than the information commissioner, are parties to the appeal.

(4)Section 119(1A) to (5)—
renumber as section 119(2) to (6).

129   Amendment of s 131 (Performance monitoring functions)

Section 131(1), ‘and the Information Privacy Act, chapter 3’—
omit.

130   Amendment of s 178 (Failure to produce documents or attend proceedings)

Section 178—
insert—

(2)If the person is an individual and is given notice to give information or produce a document, it is a reasonable excuse for the person to fail to give the information or produce the document if complying with the requirement might tend to incriminate the person or expose the person to a penalty.

131   Amendment of s 179 (Disclosure or taking advantage of information)

(1)Section 179(b), ‘himself or herself’—
omit, insert—

themself

(2)Section 179—
insert—

(2)Subsection (1)(a) does not apply if the person reasonably believes that the disclosure is necessary to lessen or prevent a serious threat to the life, health or safety of an individual or to public health or safety.

132   Amendment of s 184 (Reports of information commissioner)

Section 184(1), after ‘on’—
insert—

matters relating to the performance of the commissioner’s functions, including

133   Replacement of s 185 (Report to Assembly on Act’s operation)

Section 185—
omit, insert—

185   Report to Assembly on Act’s operation

(1)An agency or Minister must, as soon as practicable after the end of each financial year, give the information commissioner the information prescribed by regulation about the operation of this Act in relation to the agency or Minister during that year.

(2)The information commissioner must, as soon as practicable after receiving the information mentioned in subsection (1), prepare a report on the operation of this Act during that year and give the report to the parliamentary committee.

(3)A report under subsection (2) must include, in relation to the financial year to which it relates, details of the matters prescribed by regulation.

(4)The chair of the parliamentary committee must table a report received under subsection (2) in the Assembly within 3 sitting days after the committee receives the report.

134   Insertion of new s 191A

After section 191—
insert—

191A    Corporations legislation displacement

(1)A regulation may declare a provision of this Act that applies in relation to a prescribed corporation to be a Corporations legislation displacement provision for the purposes of the Corporations Act, section 5G.

(2)A regulation under subsection (1) may be declared to apply in relation to—

(a)the whole of the Corporations legislation or a particular provision of the Corporations legislation; or

(b)all prescribed corporations or a particular prescribed corporation.

(3)In this section—

prescribed corporation means a corporation, within the meaning of the Corporations Act, that is declared under section 16A to be a public authority for this Act.

135   Insertion of new ch 7, pt 9

Chapter 7—
insert—

Part 9    Transitional provisions for Information Privacy and Other Legislation Amendment Act 2023

206J    Definitions for part

In this part—

amendment Act means the Information Privacy and Other Legislation Amendment Act 2023.

former, for a provision of this Act, means the provision as in force from time to time before the commencement of the provision in which the term is used.

former IP Act means the Information Privacy Act 2009 as in force from time to time before the commencement of the provision in which the term is used.

new, for a provision of this Act, means the provision as in force from the commencement of the provision in which the term is used.

206K    Existing access applications

(1)This section applies if an application or purported application under former chapter 3 has been made, but not finalised, before the commencement.

(2)This Act as in force from time to time before the commencement continues to apply in relation to the application or purported application as if the amendment Act had not been enacted.

(3)For subsection (1), an application or purported application under former chapter 3 has not been finalised until—

(a)a decision on the application or purported application has been made or taken to have been made; and

(b)either—

(i)the time for exercising any review rights or appeal rights in relation to the decision has ended without any rights being exercised; or

(ii)any review or appeal in relation to the decision has ended.

(4)This section is subject to section 206L.

206L    Disclosure logs

(1)New chapter 3, part 7, division 2 applies in relation to an access application, regardless of when the application was made.

(2)Also, a reference in this Act to publication of information or a document in a disclosure log under section 78A is taken to include a reference to publication of the information or document in a disclosure log under former section 78.

(3)In this section—

publication, of information or a document in a disclosure log, includes inclusion of, or the giving of access to, information or a document in a disclosure log.

206M    Refusal to deal with access application—previous application for same documents

(1)In section 43, a reference to a first application is taken to include a reference to an access application under the former IP Act.

(2)If a first application under section 43 is an access application under the former IP Act—

(a)a reference in section 43 to a provision of this Act is taken to include a reference to the corresponding former IP Act provision for the provision of this Act; and

(b)a reference in section 43 to a review is taken to include a reference to a former IP Act review.

(3)In this section—

corresponding former IP Act provision, for a provision of this Act, means a provision of the former IP Act that is substantially the same as or equivalent to the provision of this Act.

former IP Act review means—

(a)an internal review under the former IP Act; or

(b)an external review under the former IP Act; or

(c)a proceeding under the former IP Act, chapter 3, part 11.

206N    Refusal to deal with amendment application—previous application for same documents

(1)In section 78P, a reference to a first application is taken to include a reference to an amendment application under the former IP Act.

(2)If a first application under section 78P is an amendment application under the former IP Act—

(a)a reference in section 78P to a provision of this Act is taken to include a reference to the corresponding former IP Act provision for the provision of this Act; and

(b)a reference in section 78P to a review is taken to include a reference to a former IP Act review.

(3)In this section—

corresponding former IP Act provision, for a provision of this Act, means a provision of the former IP Act that is substantially the same as or equivalent to the provision of this Act.

former IP Act review means—

(a)an internal review under the former IP Act; or

(b)an external review under the former IP Act; or

(c)a proceeding under the former IP Act, chapter 3, part 11.

206O    Existing delegations or subdelegations under former IP Act relating to amendment applications

(1)This section applies to a delegation or subdelegation made by an agency’s principal officer that—

(a)relates to amendment applications under the former IP Act, section 50; and

(b)was still in effect immediately before the commencement.

(2)The delegation or subdelegation continues to have effect for amendment applications under section 78H.

206P    Existing directions under former IP Act relating to amendment applications

(1)This section applies to a direction made by a Minister that—

(a)relates to amendment applications under the former IP Act, section 51; and

(b)was still in effect immediately before the commencement.

(2)The direction continues to have effect for amendment applications under section 78I.

206Q    Performance monitoring functions

(1)Former section 131 continues to apply in relation to—

(a)an existing review in relation to the operation of the former IP Act, chapter 3; and

(b)the operation of the former IP Act, chapter 3 under the Information Privacy Act 2009, section 217.

(2)In this section—

existing review means a review started under former section 131 before the commencement if the information commissioner has not given a report about the outcome of the review to the parliamentary committee before the commencement.

206R    Report to Assembly on Act’s operation

(1)This section applies in relation to a financial year ending before the commencement if the report for the financial year has not been tabled in the Assembly under former section 185.

(2)Former section 185 continues to apply in relation to the financial year as if the amendment Act had not been enacted.

(3)New section 185 does not apply in relation to the financial year.

136   Amendment of sch 3, s 2 (Cabinet information brought into existence on or after commencement)

Schedule 3, section 2—
insert—

(3A)To remove any doubt, it is declared that—

(a)a document mentioned in subsection (3)(a) or (f)—

(i)is not comprised exclusively of exempt information if some information in the document has been officially published by decision of Cabinet; but

(ii)continues to be comprised of exempt information to the extent information in the document has not been published; and

(b)a document mentioned in subsection (3)(b) to (e) or (g) is taken to be comprised exclusively of exempt information despite any publication of a document mentioned in subsection (3)(a) or (f).

137   Amendment of sch 3, s 12 (Information disclosure of which prohibited by Act)

Schedule 3, section 12(1)—
insert—

•Ombudsman Act 2001, section 92

138   Amendment of sch 4 (Factors for deciding the public interest)

Schedule 4, note before part 1—
omit, insert—

Notes—

1Access to a document may be refused to the extent the document comprises information the disclosure of which would, on balance, be contrary to the public interest under section 49—see section 47(3)(b).

2Factors for deciding the public interest may include factors other than the factors mentioned in this schedule.

139   Insertion of new sch 4A

After schedule 4—
insert—

Schedule 4A Reviewable decisions

schedule 5, definition reviewable decision

1   Decisions relating to access applications

Each of the following decisions relating to an access application is a reviewable decision—

(a)a decision that the application or a part of the application is outside the scope of this Act under section 32(1)(b), other than a judicial function decision;

(b)a decision that the application does not comply with all relevant application requirements under section 33(6);

(c)a decision—

(i)to disclose a document contrary to the views of a relevant third party obtained under section 37; or

(ii)to disclose a document if an agency or Minister should have taken, but has not taken, steps to obtain the views of a relevant third party under section 37;

(d)a decision refusing to deal with the application under chapter 3, part 4;

(e)a decision refusing access to all or part of a document under section 47;

(f)a decision deferring access to a document under section 72;

(g)a decision giving access to documents subject to the deletion of information under section 73;

(h)a decision about whether access is to be given to documents that purports to, but may not, be a decision on all documents the subject of the application;

Example of when decision may not be on all documents the subject of an access application—

an agency has not taken reasonable steps to identify and locate documents applied for by an applicant

(i)a decision giving access to documents in a form different to the form applied for by the applicant, unless access in the form applied for would involve an infringement of the copyright of a person other than the State;

(j)a decision about whether a processing charge or access charge is payable in relation to access to a document (including a decision not to waive charges);

(k)a deemed decision.

2   Decisions relating to amendment applications

Each of the following decisions relating to an amendment application is a reviewable decision—

(a)a decision that the application or a part of the application is outside the scope of this Act under section 78J(1)(b), other than a judicial function decision;

(b)a decision that the application does not comply with all relevant application requirements under section 78K(6);

(c)a decision refusing to deal with the application under chapter 3A, part 4;

(d)a decision refusing amendment of a document under section 78Q;

(e)a decision under section 78V(5) that information to which a notice under section 78V(2) relates is not information in relation to which the applicant was entitled to apply to the agency or Minister for amendment of the document;

(f)a deemed decision.

140   Amendment of sch 5 (Dictionary)

(1)Schedule 5, definitions considered decision, decision-maker, deemed decision, Information Privacy Act, narrow, personal information, reviewable decision, revision period, schedule of relevant documents and transfer period—
omit.

(2)Schedule 5—
insert—

amendment application means an application by an individual under chapter 3A to amend a document in relation to the individual’s personal information contained in the document.

considered decision—

(a)for an access application—see section 45; or

(b)for an amendment application—see section 78Q.

decision-maker means—

(a)for an access or amendment application to an agency—the person with power in relation to all or part of the application under section 30 or 78H; or

(b)for an access or amendment application to a Minister—the Minister or the person with power in relation to all or part of the application under section 31 or 78I.

deemed decision—

(a)for an access application—see section 46; or

(b)for an amendment application—see section 78R.

evidence of identity, in relation to an access or amendment application, means the evidence of identity prescribed under a regulation.

internal review processing period see section 82A.

judicial function decision means a decision by an entity under section 32(1)(b) or 78J(1)(b) that an access or amendment application or part of an access or amendment application is outside the scope of this Act under any of schedule 2, part 2, items 1 to 8.

narrow—

(a)for an access application, means change the application by reducing the part of a document or the number of documents to which access is sought under the application; or

(b)for an amendment application, means change the application by reducing the part of a document or the number of documents sought to be amended under the application.

personal information see the Information Privacy Act 2009, section 12.

reviewable decision means a decision mentioned in schedule 4A.

(3)Schedule 5, definitions appeal tribunal and judicial member, ‘chapter 3, part 11’—
omit, insert—

chapter 3B, part 4

(4)Schedule 5, definition privacy commissioner, ‘Information Privacy Act’—
omit, insert—

Information Privacy Act 2009

Part 6    Other amendments

141   Legislation amended

Schedule 1 amends the legislation it mentions.

Schedule 1 Other amendments

section 141

Part 1    Amendments commencing on assent

Information Privacy Regulation 2009

1   Section 3(2), ‘photocopy’—

omit, insert—

copy

Right to Information Regulation 2009

1   Section 3(2), ‘photocopy’—

omit, insert—

copy

Part 2    Amendments commencing by proclamation

Auditor-General Act 2009

1   Section 72A(3), note, from ‘See the’—

omit, insert—

See QPP 6.2(b) in schedule 3 of that Act.

Brisbane Olympic and Paralympic Games Arrangements Act 2021

1   Section 58, heading—

omit, insert—

58   Authorisation of disclosure of personal information to particular entities outside Australia

2   Section 58(2), ‘transfer’—

omit, insert—

disclose

3   Section 58(2), ‘transferred’—

omit, insert—

disclosed

City of Brisbane Act 2010

1   Schedule 1, part 1, under heading ‘Criminal Code’, entry for 408E(1), column 2, ‘Computer hacking and misuse’—

omit, insert—

Misuse of restricted computer

2   Schedule 1, part 2, under heading ‘Criminal Code’, entry for 408E, column 2, ‘Computer hacking and misuse’—

omit, insert—

Misuse of restricted computer

Coal Mining Safety and Health Act 1999

1   Section 275A(4), from ‘or’ to ‘chapter 3’—

omit.

Corrective Services Act 2006

1   Section 273(1), from ‘and the’ to ‘apply’—

omit, insert—

applies

Criminal Code

1   Section 552BB, table, entry for section 408E, column 2, ‘Computer hacking and misuse’—

omit, insert—

Misuse of restricted computer

Domestic and Family Violence Protection Act 2012

1   Section 169K(4)(b), from ‘comply’—

omit, insert—

comply with the QPPs under the Information Privacy Act 2009—complies with the QPPs under that Act; or

2   Section 169K(5), ‘7(2)’—

omit, insert—

7

3   Section 169K(6)—

omit.

Energy and Water Ombudsman Act 2006

1   Section 25A(1), ‘any IPP’—

omit, insert—

the QPPs

2   Section 25B(2)(b), ‘any IPP’—

omit, insert—

any QPP

Explosives Act 1999

1   Section 132(3), from ‘or’ to ‘chapter 3’—

omit.

Hospital and Health Boards Act 2011

1   Section 161B(2), ‘chapter 2, part 4’—

omit, insert—

chapter 2, part 3

Information Privacy Act 2009

1   Section 22—

omit.

2   Chapter 2, heading, ‘Privacy’—

omit, insert—

Queensland privacy

3   Chapter 2, pt 1, heading, ‘IPPs’—

omit, insert—

QPPs

4   Section 36, heading, ‘principles’—

omit, insert—

principle requirements

5   Chapter 6, note before part 1—

omit.

6   Section 198—

omit.

7   Schedule 1, heading, ‘principles’—

omit, insert—

principle requirements

8   Schedule 1, section 7(c), ‘under the Public Records Act 2023’—

omit.

9   Schedule 2, heading, ‘principles’—

omit, insert—

principle requirements

10   Schedule 2, authorising provision, ‘section 19’—

omit, insert—

section 18(4)

11   Schedule 2, part 1, heading, ‘principles’—

omit, insert—

principle requirements

12   Schedule 2, part 2, heading, ‘principles’—

omit, insert—

principle requirements

13   Schedule 5, definition bound contracted service provider, paragraphs (a) and (b), ‘principles’—

omit, insert—

principle requirements

14   Schedule 5, definition disclose, ‘for the application of the privacy principles’—

omit.

Introduction Agents Act 2001

1   Section 95(3), from ‘or’ to ‘chapter 3’—

omit.

Legal Profession Act 2007

1   Section 676(a)—

omit.

2   Section 676(b) and (c)—

renumber as section 676(a) and (b).

Local Government Act 2009

1   Schedule 1, part 1, under heading ‘Criminal Code’, entry for 408E(1), column 2, ‘Computer hacking and misuse’—

omit, insert—

Misuse of restricted computer

2   Schedule 1, part 2, under heading ‘Criminal Code’, entry for 408E, column 2, ‘Computer hacking and misuse’—

omit, insert—

Misuse of restricted computer

Mining and Quarrying Safety and Health Act 1999

1   Section 255(4), from ‘or’ to ‘chapter 3’—

omit.

Partnership Act 1891

1   Section 112(3), from ‘or’ to ‘chapter 3’—

omit.

Path to Treaty Act 2023

1   Section 12(3), ‘subsection (2)(b), (c)’—

omit, insert—

subsection (2)(c)

2   Section 12(3)(a)—

omit.

3   Section 12(3)(b) and (c)—

renumber as section 12(3)(a) and (b).

Police Powers and Responsibilities Act 2000

1   Schedule 2, section 4, last dot point, ‘(Computer hacking and misuse)’—

omit, insert—

(Misuse of restricted computer)

2   Schedule 3, section 6, eighth dot point, ‘(Computer hacking and misuse)’—

omit, insert—

(Misuse of restricted computer)

3   Schedule 5, part 1, section 1, fourth dot point, ‘(Computer hacking and misuse)’—

omit, insert—

(Misuse of restricted computer)

4   Schedule 5, part 2, section 5, first dot point, ‘(Computer hacking and misuse)’—

omit, insert—

(Misuse of restricted computer)

Public Guardian Act 2014

1   Section 107(1), from ‘and the’ to ‘apply’—

omit, insert—

applies

Public Health Act 2005

1   Section 213AE(2), ‘chapter 2, part 4’—

omit, insert—

chapter 2, part 3

Public Sector Act 2022

1   Section 177(3), note, second dot point, ‘sections 140’—

omit, insert—

sections 134, 140

Queensland Future Fund (Titles Registry) Act 2021

1   Section 41(4), from ‘(1)(b)’—

omit, insert—

(1)(d), a reference in the Right to Information Act 2009, section 113 to the responsible Minister is a reference to the Minister administering the Land Title Act 1994.

2   Section 43(5), note—

omit, insert—

Note—

See QPP 6.2(b) in schedule 3 of the Information Privacy Act 2009.

Right to Information Act 2009

1   Section 23(2), from ‘even’ to ‘Act’—

omit, insert—

regardless of when the documents came into existence

2   Section 30(4), ‘him or her’—

omit, insert—

the principal officer

3   Section 42(5), ‘named officer or member’—

omit, insert—

agency or Minister

4   Section 50(3)(b), ‘his or her’—

omit, insert—

the child’s

5   Section 55(3)—

omit.

6   Section 55(4), note, from ‘schedule’ to ‘paragraph (e)’—

omit, insert—

schedule 4A, section 1(e)

7   Section 55(4)—

renumber as section 55(3).

8   Section 59, from ‘to the’ to ‘that is’—

omit, insert—

containing

9   Section 68(2) and (3), ‘to 75’—

omit, insert—

to 75B

10   Section 69(3)(d), ‘part 11’—

omit, insert—

chapter 3B, part 4

11   Section 84, heading, ‘pt 9’—

omit, insert—

part

12   Section 85, heading, after ‘review’—

insert—

of reviewable decision

13   Section 85, note 1—

omit, insert—

1See schedule 4A for decisions that are reviewable decisions.

14   Section 85, note 2, ‘part 8’—

omit, insert—

part 1

15   Section 95(1)(c), ‘himself or herself’—

omit, insert—

themself

16   Section 101(1)(a), after ‘made’—

insert—

in relation to an access application

17   Section 108(1), after ‘review’—

insert—

of a decision relating to an access application

18   Section 116, heading, ‘pt 11’—

omit, insert—

part

19   Section 130(1), ‘chapter 3, part 9’—

omit, insert—

chapter 3B, part 2

20   Section 132(3)(c)—

omit.

21   Section 132(3)(d) to (j)—

renumber as section 132(3)(c) to (i).

22   Sections 140(1) and 143(3), ‘he or she’—

omit, insert—

they

23   Section 170(2), ‘78 or’—

omit.

24   Section 171(1)(a)(i) and (ii), ‘78 or’—

omit.

25   Section 171(2), ‘78,’—

omit.

26   Section 173(a)(i) and (ii), ‘78 or’—

omit.

27   Schedule 5, definition eligible family member, item 1(e) and (f), ‘Aboriginal person or Torres Strait Islander’—

omit, insert—

Aboriginal or Torres Strait Islander person

Tourism Services Act 2003

1   Section 94(3), from ‘or’ to ‘chapter 3’—

omit.

© State of Queensland 2023