Privacy Act 1988 - Public Interest Determination No. 5

Administered by Attorney-General's Department

Legislation au F2008B00569 Not in force Legislative Instrument

Legislation content

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]

 

 

 

 

 

 

Overview

Public Interest Determination No. 5, enacted on 4 December 1991, is a legislative instrument made under section 72 of the Privacy Act 1988, which aims to address the need for a structured approach to determining when the public interest justifies the disclosure of personal information that would otherwise be protected by privacy laws. This determination empowers specific agencies to disclose personal information under certain conditions, balancing the privacy rights of individuals with the broader public interest. The determination was established by the Parliament of Australia, with the policy objective of providing a transparent and accountable framework for agencies to disclose personal information in cases where it is deemed necessary for significant public purposes. The determination was last amended by the Privacy Public Interest (Enhancing Privacy Protection) Amendment and Repeal Determination 2014, which came into effect on 12 March 2014.

Scope and Application

The Public Interest Determination No. 5, as amended, applies to the Australian Federal Police (AFP) and the Australian Institute of Criminology (AIC) in relation to the disclosure of personal information about homicides in the ACT for the purposes of the national homicide monitoring program. This determination allows the AFP to disclose personal information to the AIC under specific conditions to facilitate research conducted by the AIC's Homicide Monitoring Centre. This determination is subject to a written agreement between the AFP and the AIC, outlining strict parameters for the use and handling of the disclosed information, including the prevention of recording the names of witnesses, suspects, and offenders, and ensuring the results of the research are published in aggregate form to protect individual identities. The scope of this determination is national, applying across Australia, as it is a legislative instrument made under the Commonwealth's Privacy Act 1988. The application of this determination may be extended or restricted through subordinate instruments, although no such modifications are noted in this compilation. The endnotes provide details on the history, amendments, and any uncommenced or misdescribed amendments, ensuring transparency and clarity in the legislative framework.

Key Provisions

The main operative sections of this legislation, specifically the Public Interest Determination No. 5, provide the Australian Federal Police (AFP) with the authority to disclose personal information related to homicides in the ACT to the Australian Institute of Criminology (AIC) (s. 1). This disclosure is conditional and must adhere to the specified conditions laid out in the legislation. The primary purpose of this disclosure is to enable the AIC, through its Homicide Monitoring Centre, to conduct research as part of the national homicide monitoring program. The obligations and requirements imposed by this Act are stringent and aim to ensure the protection of personal information while facilitating necessary research. The AFP must enter into a written agreement with the AIC that outlines the terms of the disclosure (s. 1). The agreement must specify that the disclosed information will be used solely for the purposes of the national homicide monitoring program, and it can only pertain to witnesses, suspects, and offenders. Furthermore, the names of these individuals must not be recorded by the AIC, and any access to the information must be provided on AFP premises under AFP supervision. The staff member of the AIC responsible for inspecting the information must have substantial prior experience in criminological research involving sensitive data and must be personally authorised by the Director of the Institute to undertake the research. Additionally, the results of the research must be published in an aggregate form to prevent the identification of individuals or specific cases. In terms of consequences for non-compliance or breach of the conditions set out in the legislation, the Public Interest Determination No. 5 does not explicitly state the penalties for such breaches. However, given that this legislation is made under the Privacy Act 1988, it is reasonable to assume that any breaches could result in civil or criminal consequences as outlined in that primary Act. The Privacy Act 1988 provides for various penalties, including fines, for breaches of privacy provisions. The maximum penalties for privacy breaches can be significant, with fines up to $2.1 million for corporations and $210,000 for individuals, depending on the nature and severity of the breach. Therefore, non-compliance with the conditions of this determination could potentially lead to such penalties, as well as reputational damage for both the AFP and the AIC.

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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.