Privacy Act 1988 Public Interest Determination No. 5 (Cth)

Public Interest Determination No. 5

as amended

made under section 72 of the

Privacy Act 1988

Compilation start date:   12 March 2014

Includes amendments up to:           Privacy Public Interest (Enhancing Privacy Protection) Amendment and Repeal Determination 2014 (F2014L00240)

About this compilation

This compilation

This is a compilation of the Public Interest Determination No. 5 as in force on 12 March 2014. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 12 March 2014.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.

Applicant: Australian Federal Police

Relating to: Disclosure of Personal Information (Australian Privacy Principle 6.1)

The Australian Federal Police (the agency) may, subject to the conditions set out below, disclose personal information relating to homicides in the ACT, to the Australian Institute of Criminology (AIC) to enable the AIC through its Homicide Monitoring Centre to carry out research under the national homicide monitoring program.

Conditions

Disclosure shall be made subject to a written agreement between the agency and Australian Institute of Criminology specifying:

(1)        That the information being disclosed will only be used by the Australian Institute of Criminology for the purposes of the national homicide monitoring program.

(2)        That the information to be disclosed will only relate to witnesses, suspects and offenders.

(3)        That the names of witnesses, suspects and offenders will not be recorded by the Australian Institute of Criminology.

(4)        That access to relevant information shall be provided on agency premises, under agency supervision.

(5)        That the staff member of the Australian Institute of Criminology responsible for inspecting the information held by the agency:

(i)         shall have substantial prior experience in criminological research involving access to sensitive data; and

(ii)        be personally authorised to undertake the research by the Director of the Institute.

(6)        That the results of the research will be published in aggregate form to prevent the identification of individuals or individual cases.

Endnotes

Endnote 1—About the endnotes

The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments

Endnote 6—Modifications

Endnote 7—Misdescribed amendments

Endnote 8—Miscellaneous

If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.

Abbreviation key—Endnote 2

The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.

Uncommenced amendments—Endnote 5

The effect of uncommenced amendments is not reflected in the text of the compiled law, but the text of the amendments is included in endnote 5.

Modifications—Endnote 6

If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.

Misdescribed amendments—Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.

Miscellaneous—Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader of the compilation.

Endnote 2—Abbreviation key

ad = added or inserted	pres = present
am = amended	prev = previous
c = clause(s)	(prev) = previously
Ch = Chapter(s)	Pt = Part(s)
def = definition(s)	r = regulation(s)/rule(s)
Dict = Dictionary	Reg = Regulation/Regulations
disallowed = disallowed by Parliament	reloc = relocated
Div = Division(s)	renum = renumbered
exp = expired or ceased to have effect	rep = repealed
hdg = heading(s)	rs = repealed and substituted
LI = legislative instrument	s = section(s)
LIA = Legislative Instruments Act 2003	Sch = Schedule(s)
mod = modified/modification	Sdiv = Subdivision(s)
No = Number(s)	SLI = Select Legislative Instrument
o = order(s)	SR = Statutory Rules
Ord = Ordinance	Sub-Ch = Sub-Chapter(s)
orig = original	SubPt = Subpart(s)
par = paragraph(s)/subparagraph(s)           /sub-subparagraph(s)

Endnote 3—Legislation history

Name	FRLI registration or gazettal	Commencement	Application, saving and transitional provisions
Public Interest Determination No. 5	4 Dec 1991 (see F2008B00569)	4 Dec 1991
Privacy Public Interest (Enhancing Privacy Protection) Amendment and Repeal Determination 2014	11 Mar 2014 (see F2014L00240)	12 Mar 2014	—

Endnote 4—Amendment history

Provision affected	How affected
par “Relating to:”...............	am F2014L00240

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]