Privacy and regulatory evidence readiness

Show you handle personal information properly, before someone asks.

New systems, AI tools and vendors all touch personal information. Boards, auditors, funders and regulators increasingly expect you to show how it is handled, not just say so. Here are the Australian Privacy Principles in plain English, and where to start.

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Which privacy law applies to you

Australian Government agencies, and private organisations with annual turnover over $3 million (plus some smaller ones, below), come under the federal Privacy Act 1988 and its thirteen Australian Privacy Principles. State, territory and local government bodies generally come under their own state or territory’s rules instead. South Australia has no privacy Act (see below).

Australian Government agencies

Commonwealth departments and agencies.

Businesses and not-for-profits

With annual turnover over $3 million.

Some smaller organisations

Regardless of turnover: for example private health service providers, businesses that buy or sell personal information, and contractors to the Australian Government.

A WA state agency or local government?Western Australia’s PRIS Act applies to you. See what it means and where to start.

A council or government agency elsewhere?

Each state and territory has its own rules for its government bodies. Your lawyer confirms which apply to you and how.

New South Wales
Privacy and Personal Information Protection Act 1998
Victoria
Privacy and Data Protection Act 2014
Queensland
Information Privacy Act 2009, including the Queensland Privacy Principles
South Australia
State agencies follow the Information Privacy Principles Instruction (a Cabinet instruction, not an Act). It doesn't cover councils. South Australia has no privacy Act.
Tasmania
Personal Information Protection Act 2004
Australian Capital Territory
Information Privacy Act 2014
Northern Territory
Information Act 2002

Health information has its own law in New South Wales (Health Records and Information Privacy Act 2002), Victoria (Health Records Act 2001) and the ACT (Health Records (Privacy and Access) Act 1997). These apply to government bodies, including councils. They can also apply to private organisations that hold health information, such as private health services and aged care providers, alongside the federal Privacy Act.

The OAIC lists each state and territory’s privacy law and regulator.

What the principles require, in short

Be open about it

A clear, current privacy policy, and notice when you collect personal information.

Collect only what you need

And use or disclose it only for the purpose you collected it, with limited exceptions.

Keep it secure

Reasonable steps to protect it, and to destroy or de-identify it when it is no longer needed.

Let people see and correct it

Access and correction on request.

Take care sending it overseas

Including to cloud and software vendors outside Australia.

Data breaches

Under the Notifiable Data Breaches scheme, a breach likely to result in serious harm must be reported to the Office of the Australian Information Commissioner and to the people affected, as soon as practicable. A suspected breach must be assessed within 30 days, so the time to decide who does what is before it happens.

Privacy impact assessments

A privacy impact assessment maps how a project handles personal information and what could go wrong, before it goes live. Australian Government agencies must do one for high privacy risk projects; for everyone else it is the clearest way to show the risk was thought through.

What’s changing

  • Tougher enforcement is already here. Amendments in December 2024 added new penalty tiers, including infringement notices for administrative failings such as an incomplete privacy policy. The maximum for a serious interference with privacy is the greater of $50 million, three times the benefit gained, or 30% of adjusted turnover.
  • Automated decisions, from 10 December 2026. Privacy policies must explain when a computer program makes, or substantially helps make, decisions that significantly affect people, and what personal information it uses.
  • Children’s online privacy. A Children’s Online Privacy Code is due to be registered by 9 December 2026.
  • More reform proposed. The Australian Government has consulted on a further draft bill in 2026. It is a proposal, not yet law. See the consultation.

Is a small business covered? Check the OAIC’s guide.

Where to start: five steps

Where to begin, in order.

  1. Step 1

    Know what you hold

    List the personal information you collect, where it lives, and which vendors and systems touch it.

  2. Step 2

    Check your privacy policy

    Does it describe what you really do, including any automated decisions that affect people?

  3. Step 3

    Assess the higher-risk activities

    A privacy impact assessment before new systems, AI tools or data sharing that handle personal information.

  4. Step 4

    Be ready for a breach

    Decide who assesses a suspected breach, who notifies, and test it once.

  5. Step 5

    Keep the evidence

    An evidence register: what's needed, what you hold, and what's missing, so you can show the work.

How BW Advisory helps

  • · Privacy impact assessment support for new systems, AI tools and data sharing
  • · An evidence register: what’s needed, what you hold and what’s missing
  • · Breach readiness: who does what, tested before you need it
  • · Technology and vendor proposals reviewed through a privacy lens

Each engagement is a defined result at one fixed price, with legal questions flagged for your own counsel.

Book a 30-minute conversation

General information only, not legal advice. Your own lawyer confirms how privacy law applies to your organisation. Details as published by the Office of the Australian Information Commissioner.