On 1 July 2009 the Information Privacy Act 2009 (IP Act) came into effect replacing parts of the repealed Freedom of Information Act 1992 (FOI Act).
From 1 July 2010 Queensland Local Government became subject to information privacy laws.
The IP Act contains two sets of rules:
- How individuals access and amend their own personal information; and
- 11 Information Privacy Principles (IPPs).
Through the implementation of this policy Council agrees to:
- Comply with the Information Privacy Principles (IPPs);
- Not to transfer personal information out of Australia unless the transfer complies with section 33 of the IP Act; and
- To take reasonable steps to make contractors subject to the IP Act where required.
You may wish to make a complaint about a breach of Council's (or its bound contracted service provider's) obligation to comply with:
- The Information Privacy Principles
- The conditions of a public interest approval
that has occurred on or after 1 July 2010, as per Chapter 5 of the Information Privacy Act 2009 (PDF).
Who can make a privacy complaint?
Generally, a person can only make a complaint about their own personal information. However:
- An agent (e.g. lawyer) may complain on behalf of a person, if authorised to do so; or
- A parent may complain on behalf of their child.
What is a public interest approval?
The IP Act allows for agencies to apply to the Queensland Information Commissioner for an approval to waive or modify privacy principle obligations in the public interest. For further information about public interest approvals refer to the Office of the Information Commissioner website.
Submitting a complaint
Before you complain, you should ensure that you have satisfied all of the requirements of our Privacy Complaint Checklist (PDF 36 KB).
Your complaint must be made in writing, either by:
- Completing the Privacy Complaint Form (PDF 40 KB); or
- Detailing your complaint in a letter to Council; or
- Contacting Council on 07 3412 3412 where an officer can assist you.
If the complaint is not resolved to your satisfaction, and more than 45 business days have passed since the complaint was made, you can refer your complaint to the Office of the Information Commissioner.
For more information on privacy complaints, please contact the Administrative Review & Ethics team on 07 3412 3412 where an officer can assist you.