QLDIn ForceAct
Information Privacy Act 2009
sch.3-sec.5QPP 5—notification of the collection of personal information
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### sch.3-sec.5 QPP 5—notification of the collection of personal information
At or before the time or, if that is not practicable, as soon as practicable after, an agency collects personal information about an individual, the agency must take steps, if any, that are reasonable in the circumstances to—
notify the individual of the matters mentioned in QPP 5.2 that are reasonable in the circumstances; or
otherwise ensure that the individual is aware of those matters.
The matters for QPP 5.1 are the following—
the identity and contact details of the agency;
if—
the agency collects the personal information from someone other than the individual; or
the individual may not be aware that the agency has collected the personal information;
the fact that the agency collects, or has collected, the information and the circumstances of that collection;
if the collection of the personal information is required or authorised under an Australian law, or a court or tribunal order—the fact that the collection is required or authorised, including the name of the Australian law, or details for the court or tribunal order, that requires or authorises the collection;
the purposes for which the agency collects the personal information;
the main consequences, if any, for the individual if all or some of the personal information is not collected by the agency;
any other agency or entity, or the kinds of any other agencies or entities, to which the agency usually discloses personal information of the kind collected by the agency;
that the QPP privacy policy of the agency contains information about how the individual may access the personal information about the individual that is held by the agency and seek the correction of the information;
that the QPP privacy policy of the agency contains information about how the individual may complain about a breach of the QPPs, or any QPP code that binds the agency, and how the agency will deal with the complaint;
whether the agency is likely to disclose the personal information to entities outside of Australia;
if the agency is likely to disclose the personal information to entities outside of Australia—the countries in which the recipients are likely to be located if it is practicable to state those countries in the notification or to otherwise make the individual aware of them.
sch 3 s 5 sub 2023 No. 32 s 74
(sch.3-sec.5-ssec.5.1) At or before the time or, if that is not practicable, as soon as practicable after, an agency collects personal information about an individual, the agency must take steps, if any, that are reasonable in the circumstances to— notify the individual of the matters mentioned in QPP 5.2 that are reasonable in the circumstances; or otherwise ensure that the individual is aware of those matters.
(sch.3-sec.5-ssec.5.2) The matters for QPP 5.1 are the following— the identity and contact details of the agency; if— the agency collects the personal information from someone other than the individual; or the individual may not be aware that the agency has collected the personal information; the fact that the agency collects, or has collected, the information and the circumstances of that collection; if the collection of the personal information is required or authorised under an Australian law, or a court or tribunal order—the fact that the collection is required or authorised, including the name of the Australian law, or details for the court or tribunal order, that requires or authorises the collection; the purposes for which the agency collects the personal information; the main consequences, if any, for the individual if all or some of the personal information is not collected by the agency; any other agency or entity, or the kinds of any other agencies or entities, to which the agency usually discloses personal information of the kind collected by the agency; that the QPP privacy policy of the agency contains information about how the individual may access the personal information about the individual that is held by the agency and seek the correction of the information; that the QPP privacy policy of the agency contains information about how the individual may complain about a breach of the QPPs, or any QPP code that binds the agency, and how the agency will deal with the complaint; whether the agency is likely to disclose the personal information to entities outside of Australia; if the agency is likely to disclose the personal information to entities outside of Australia—the countries in which the recipients are likely to be located if it is practicable to state those countries in the notification or to otherwise make the individual aware of them.
- (a) notify the individual of the matters mentioned in QPP 5.2 that are reasonable in the circumstances; or
- (b) otherwise ensure that the individual is aware of those matters.
- (a) the identity and contact details of the agency;
- (b) if— (i) the agency collects the personal information from someone other than the individual; or (ii) the individual may not be aware that the agency has collected the personal information; the fact that the agency collects, or has collected, the information and the circumstances of that collection;
- (i) the agency collects the personal information from someone other than the individual; or
- (ii) the individual may not be aware that the agency has collected the personal information;
- (c) if the collection of the personal information is required or authorised under an Australian law, or a court or tribunal order—the fact that the collection is required or authorised, including the name of the Australian law, or details for the court or tribunal order, that requires or authorises the collection;
- (d) the purposes for which the agency collects the personal information;
- (e) the main consequences, if any, for the individual if all or some of the personal information is not collected by the agency;
- (f) any other agency or entity, or the kinds of any other agencies or entities, to which the agency usually discloses personal information of the kind collected by the agency;
- (g) that the QPP privacy policy of the agency contains information about how the individual may access the personal information about the individual that is held by the agency and seek the correction of the information;
- (h) that the QPP privacy policy of the agency contains information about how the individual may complain about a breach of the QPPs, or any QPP code that binds the agency, and how the agency will deal with the complaint;
- (i) whether the agency is likely to disclose the personal information to entities outside of Australia;
- (j) if the agency is likely to disclose the personal information to entities outside of Australia—the countries in which the recipients are likely to be located if it is practicable to state those countries in the notification or to otherwise make the individual aware of them.
- (i) the agency collects the personal information from someone other than the individual; or
- (ii) the individual may not be aware that the agency has collected the personal information;