sch.3-sec.3QPP 3—collection of solicited personal information

### sch.3-sec.3 QPP 3—collection of solicited personal information Personal information other than sensitive information An agency must not collect personal information, other than sensitive information, unless the information is reasonably necessary for, or directly related to, 1 or more of the agency’s functions or activities. The equivalent APP includes a provision applying to certain private sector entities (see APP 3.2). Sensitive information An agency must not collect sensitive information about an individual unless— the individual consents to the collection of the information and the information is reasonably necessary for, or directly related to, 1 or more of the agency’s functions or activities; or The equivalent APP includes a provision applying to certain private sector entities (see APP 3.3(a)(ii)). QPP 3.4 applies in relation to the information. This QPP applies in relation to sensitive information about an individual if— the collection of the information is required or authorised under an Australian law or a court or tribunal order; or a permitted general situation exists in relation to the collection of the information by the agency; or Permitted general situations are stated in schedule 4 , part 1 . the agency is a health agency and a permitted health situation exists in relation to the collection of the information by the agency; or Permitted health situations are stated in schedule 4 , part 2 . the agency is a law enforcement agency and the agency reasonably believes that the collection of the information is reasonably necessary for, or directly related to, 1 or more of the agency’s functions or activities. The equivalent APP includes a provision applying to— the Commonwealth Immigration Department (see APP 3.4(d)(i)); and non-profit organisations (see APP 3.4(e)). Means of collection An agency must collect personal information only by lawful and fair means. An agency must collect personal information about an individual only from the individual unless— either— the individual consents to the collection of the information from someone other than the individual; or the agency is required or authorised under an Australian law, or a court or tribunal order, to collect the information from someone other than the individual; or it is unreasonable or impracticable to do so. Solicited personal information This QPP applies to the collection of personal information that is solicited by an agency. sch 3 s 3 sub 2023 No. 32 s 74 (sch.3-sec.3-ssec) Personal information other than sensitive information (sch.3-sec.3-ssec.3.1) An agency must not collect personal information, other than sensitive information, unless the information is reasonably necessary for, or directly related to, 1 or more of the agency’s functions or activities. The equivalent APP includes a provision applying to certain private sector entities (see APP 3.2). (sch.3-sec.3-ssec-oc.2) Sensitive information (sch.3-sec.3-ssec.3.3) An agency must not collect sensitive information about an individual unless— the individual consents to the collection of the information and the information is reasonably necessary for, or directly related to, 1 or more of the agency’s functions or activities; or The equivalent APP includes a provision applying to certain private sector entities (see APP 3.3(a)(ii)). QPP 3.4 applies in relation to the information. (sch.3-sec.3-ssec.3.4) This QPP applies in relation to sensitive information about an individual if— the collection of the information is required or authorised under an Australian law or a court or tribunal order; or a permitted general situation exists in relation to the collection of the information by the agency; or Permitted general situations are stated in schedule 4 , part 1 . the agency is a health agency and a permitted health situation exists in relation to the collection of the information by the agency; or Permitted health situations are stated in schedule 4 , part 2 . the agency is a law enforcement agency and the agency reasonably believes that the collection of the information is reasonably necessary for, or directly related to, 1 or more of the agency’s functions or activities. The equivalent APP includes a provision applying to— the Commonwealth Immigration Department (see APP 3.4(d)(i)); and non-profit organisations (see APP 3.4(e)). (sch.3-sec.3-ssec-oc.3) Means of collection (sch.3-sec.3-ssec.3.5) An agency must collect personal information only by lawful and fair means. (sch.3-sec.3-ssec.3.6) An agency must collect personal information about an individual only from the individual unless— either— the individual consents to the collection of the information from someone other than the individual; or the agency is required or authorised under an Australian law, or a court or tribunal order, to collect the information from someone other than the individual; or it is unreasonable or impracticable to do so. (sch.3-sec.3-ssec-oc.4) Solicited personal information (sch.3-sec.3-ssec.3.7) This QPP applies to the collection of personal information that is solicited by an agency. - (a) the individual consents to the collection of the information and the information is reasonably necessary for, or directly related to, 1 or more of the agency’s functions or activities; or Editor’s note— The equivalent APP includes a provision applying to certain private sector entities (see APP 3.3(a)(ii)). - (b) QPP 3.4 applies in relation to the information. - (a) the collection of the information is required or authorised under an Australian law or a court or tribunal order; or - (b) a permitted general situation exists in relation to the collection of the information by the agency; or Note— Permitted general situations are stated in schedule 4 , part 1 . - (c) the agency is a health agency and a permitted health situation exists in relation to the collection of the information by the agency; or Note— Permitted health situations are stated in schedule 4 , part 2 . - (d) the agency is a law enforcement agency and the agency reasonably believes that the collection of the information is reasonably necessary for, or directly related to, 1 or more of the agency’s functions or activities. Editor’s note— The equivalent APP includes a provision applying to— (a) the Commonwealth Immigration Department (see APP 3.4(d)(i)); and (b) non-profit organisations (see APP 3.4(e)). - (a) the Commonwealth Immigration Department (see APP 3.4(d)(i)); and - (b) non-profit organisations (see APP 3.4(e)). - (a) the Commonwealth Immigration Department (see APP 3.4(d)(i)); and - (b) non-profit organisations (see APP 3.4(e)). - (a) either— (i) the individual consents to the collection of the information from someone other than the individual; or (ii) the agency is required or authorised under an Australian law, or a court or tribunal order, to collect the information from someone other than the individual; or - (i) the individual consents to the collection of the information from someone other than the individual; or - (ii) the agency is required or authorised under an Australian law, or a court or tribunal order, to collect the information from someone other than the individual; or - (b) it is unreasonable or impracticable to do so. - (i) the individual consents to the collection of the information from someone other than the individual; or - (ii) the agency is required or authorised under an Australian law, or a court or tribunal order, to collect the information from someone other than the individual; or