Approval to vary the Queensland Club Industry Privacy Code - Section 18BD of the Privacy Act 1988 (Cth)

Administered by Attorney-General's Department

Legislation au F2009L01488 Not in force Legislative Instrument

Legislation content

 

Explanatory Statement

Variation of the Queensland Club Industry Privacy Code

 

This Explanatory Statement has been drafted for the purpose of fulfilling the Office of the Privacy Commissioner’s obligations under s. 26(1) of the Legislative Instruments Act 2003.

1. PURPOSE

In December 2001, Part IIIAA of the Privacy Act 1988 (Privacy Act) was introduced. It permitted organisations in a particular sector to subscribe to a voluntary privacy Code. 

An approved Code could increase privacy standards above the obligations contained in the National Privacy Principles of the Privacy Act. 

The Queensland Club Industry Privacy Code (the Code) was first approved on 7 August 2002.  The Code sets out the obligations of Code subscribers in relation to the handling of personal information of club members and patrons.

The application to vary the Code was received from Brother’s Leagues Club Ipswich Inc. following a review of the operation of the Code.  The purpose of the variation to the Code is to give effect to the review undertaken by the Code proponent, Clubs Queensland.    

The variation corrects several typographical errors, deletes examples and incorporates other changes to make the Code easier to understand.

1.2  Authority for making this Approval

The approval to vary the Code is made under s.18BD of the Privacy Act.  Section 18BD states:

(1) An organisation may apply in writing to the Commissioner for approval of a variation of an approved privacy code by giving the Commissioner a copy of the code that incorporates the variations.

(2) The Commissioner may approve in writing the variation.

(3) In deciding whether to approve the variation, the Commissioner must consider all of the matters that the Commissioner would consider in deciding whether to approve under section 18BB a privacy code identical to the approved privacy code with the variation.

(4) However, if the Commissioner thinks that a variation is minor, he or she need not be satisfied that members of the public have been given an adequate opportunity to comment on a draft variation of the code (as would otherwise be required by paragraph 18BB(2)(f). Instead, the Commissioner may consult any person he or she thinks appropriate about the draft variation.

(5) The approval of the variation takes effect on the day specified in the approval.

(6) The day specified must not be before the day on which the approval is given.

 

2. REASONS FOR MAKING THE APPROVAL

2.1 Background to Approval

The Code was first approved on 7 August 2002 to come into effect from 23 August 2002.  The Code is administered by Clubs Queensland, the peak body representing member clubs. 

On 10 December 2008 Brothers Leagues Club Ipswich Inc. formally submitted an application to vary the Code.  It advised that the application was the result of extensive consultation in relation to the first three year review of the Code.

2.2           Public interest and other relevant considerations

Relevant considerations

In deciding whether to approve a variation to a Code, under s.18BD(3) the Privacy Commissioner must consider the matters that the Commissioner would consider in deciding whether to approve a Code under s.18BB.  Section 18BB(2) and 18BB(3) provide that the Commissioner should have regard to matters such as whether:

  1. the Code incorporates all the National Privacy Principles (NPPs) and sets out obligations that, overall, are at least equivalent to those principles, s.18BB(2)(a); and
  2. the Code specifies the organisations or types of organisations that will be bound by the Code and how organisations can withdraw from the Code and when cessation takes effect, s. 18BB(2)(b), (c) and (d).

The Privacy Commissioner is satisfied that the variation to the Code complies with the relevant provisions.  As the Privacy Commissioner has determined that the variations are minor, she is not required to be satisfied about the requirements in s.18BB(2)(f). 

In relation to complaints, the Privacy Commissioner remains the Code adjudicator.  Therefore, s.18BB(2)(e) and 18BB(3) do not apply.

Public interest

The co-regulatory approach offered by Part IIIAA of the Privacy Act allows for some flexibility in how organisations approach their privacy obligations.  At the same time, it ensures that minimum enforceable standards apply to the protection of personal information.

The Code currently has 54 subscribers.  The Code incorporates higher privacy protections than the NPPs in some areas and incorporates recent changes to the Privacy Act.  The Code also provides privacy standards which are written in industry specific language.  

Public consultation

The Code administrator has advised that it undertook extensive consultation on the operation of the Code during the first three year review of the operation of the Code (under clause 13.1 of the Code).   

Where a Code variation is considered to be minor, s.18BD(4) of the Privacy Act applies.  Under s.18BD(4), the Privacy Commissioner does not need to be satisfied that members of the public have been given an adequate opportunity to comment on the draft variation.  In the Privacy Commissioner’s Code Development Guidelines, Guideline 7.1 states that a major amendment is one that is:

... likely to have a significant effect on the operations embodied in the code or is likely to have a measurable impact on a group of individuals.

The Privacy Commissioner is satisfied that the Code variation is minor as defined in s.18BD(4) of the Privacy Act and 7.1 of the Code Development Guidelines.  On this basis, the Commissioner did not require the Code administrator to undertake further public consultation.

 

Overview

The Privacy Act 1988, enacted in 1988, established a framework for the protection of personal information in Australia, including the introduction of the National Privacy Principles (NPPs). To enhance privacy standards within specific sectors, Part IIIAA of the Privacy Act was introduced in December 2001, allowing for the approval of voluntary privacy Codes that could exceed the obligations of the NPPs. The Queensland Club Industry Privacy Code (the Code) was first approved on 7 August 2002, setting out obligations for handling personal information of club members and patrons. In 2008, an application was submitted to vary the Code by Brother’s Leagues Club Ipswich Inc., following a review by Clubs Queensland, the peak body for member clubs. The variation was aimed at correcting typographical errors, removing examples, and making the Code more comprehensible. The approval to vary the Code was made under section 18BD of the Privacy Act, with the Commissioner considering the proposed changes to be minor, thus not necessitating further public consultation. The policy objective is to ensure that the Code maintains and enhances privacy standards while being practical and understandable for its subscribers.

Scope and Application

The variation to the Queensland Club Industry Privacy Code applies to entities within the club industry in Queensland that are subscribers to the Code. The Code sets out privacy obligations for these entities regarding the handling of personal information of club members and patrons. This legislation is relevant to the administration of the Code by Clubs Queensland, the peak body representing member clubs. The geographic reach of this legislation is specific to Queensland, as it pertains to the club industry within this state. The variation to the Code was approved under section 18BD of the Privacy Act, which allows for minor amendments to an approved privacy code without the need for extensive public consultation. The variation includes corrections to typographical errors, deletion of examples, and other changes to enhance the understandability of the Code. The Privacy Commissioner has determined that these variations are minor, as they do not significantly affect the operations of the Code or have a measurable impact on a group of individuals. The Commissioner remains the Code adjudicator, and the variation will take effect on the day specified in the approval, which must not be before the day on which the approval is given.

Key Provisions

The main operative sections of this legislation, F2009L01488, pertain to the variation of the Queensland Club Industry Privacy Code, which is regulated under the Privacy Act 1988. Specifically, section 18BD of the Privacy Act allows an organisation to apply for approval of a variation to an approved privacy code. The Commissioner, who is the Privacy Commissioner, may approve the variation in writing. This approval process ensures that any changes to the privacy code are scrutinised to maintain high standards of privacy protection for individuals. The obligations imposed by the Act on the parties involved include the requirement that any proposed variations to the privacy code must be submitted to the Commissioner for approval. The Commissioner must consider whether the variation incorporates all the National Privacy Principles and sets out obligations that are at least equivalent to those principles. Additionally, the Code must specify which organisations will be bound by it, how organisations can withdraw from the Code, and when such withdrawal takes effect. The Commissioner must also ensure that the variation does not negatively impact the public interest by maintaining or enhancing privacy standards. In terms of potential offences, penalties, or consequences for breaches, the legislation does not explicitly detail maximum penalties within the provided text. However, the Privacy Act generally provides for penalties for breaches of privacy codes, including fines and other civil or criminal sanctions. The Commissioner retains the authority to adjudicate complaints related to the privacy code, ensuring that any breaches are addressed and rectified. The overarching aim of these provisions is to safeguard personal information and uphold privacy standards within the club industry.

Legal classification tags

Area of Law
Privacy Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Regulatory Standards

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.