State government agencies and privacy
In most cases if you are a private sector organisation it is the federal Privacy Act that will apply to you.
If, however, you contract with a state government agency (eg to provide IT services within a department or to provide community based services such as shelter for homeless people), then the terms of that contract will often bind you to the relevant state legislation.
The obligations under the state legislation will be broadly similar to the obligations under the federal Act; however, you should seek legal advice in relation your particular circumstances.
The relevant legislation for the states and territories is:
ACT – Information Privacy Act 2014, Health Records (Privacy and Access) Act 1997
New South Wales – Health Records and Information Privacy Act 2002, Privacy and Personal Information Protection Act 1998
Northern Territory – Information Act
Queensland – Information Privacy Act 2009
Tasmania – Personal Information Protection Act 2004
Victoria – Privacy and Data Protection Act 2014, Health Records Act 2001
Western Australia – Freedom of Information Act 1992.
