Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A permitted general situation exists in relation to the collection, use or disclosure by an APP entity of personal information about an individual, or of a government related identifier of an individual, if:
(a) the entity is an entity of a kind specified in an item in column 1 of the table; and
(b) the item in column 2 of the table applies to the information or identifier; and
(c) such conditions as are specified in the item in column 3 of the table are satisfied.
Item | Column 1 Kind of entity | Column 2 Item applies to | Column 3 Condition(s) |
1 | (a) personal information; or | (a) it is unreasonable or impracticable to obtain the individual's consent to the collection, use or disclosure; and (b) the entity reasonably believes that the collection, use or disclosure is necessary to lessen or prevent a serious threat to the life, health or safety of any individual, or to public health or safety. | |
2 | (a) personal information; or | (a) the entity has reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to the entity's functions or activities has been, is being or may be engaged in; and (b) the entity reasonably believes that the collection, use or disclosure is necessary in order for the entity to take appropriate action in relation to the matter. | |
3 | (a) the entity reasonably believes that the collection, use or disclosure is reasonably necessary to assist any APP entity, body or person to locate a person who has been reported as missing; and (b) the collection, use or disclosure complies with the rules made under subsection (2). | ||
4 | The collection, use or disclosure is reasonably necessary for the establishment, exercise or defence of a legal or equitable claim. | ||
5 | The collection, use or disclosure is reasonably necessary for the purposes of a confidential alternative dispute resolution process. | ||
6 | The entity reasonably believes that the collection, use or disclosure is necessary for the entity's diplomatic or consular functions or activities. | ||
7 | The entity reasonably believes that the collection, use or disclosure is necessary for any of the following occurring outside Australia and the external Territories: (a) war or warlike operations; (b) peacekeeping or peace enforcement; (c) civil aid, humanitarian assistance, medical or civil emergency or disaster relief. | ||
(2) The Commissioner may, by legislative instrument, make rules relating to the collection, use or disclosure of personal information that apply for the purposes of item 3 of the table in subsection (1).