Privacy Act 1988 - Approval of the Biometrics Institute Privacy Code
Improper conductImproper conduct
Start here
Get a plain-English read of Improper conduct
Turn the raw legal text into a practical explanation grounded in Privacy Act 1988 - Approval of the Biometrics Institute Privacy Code.
Improper conduct
13. If a Code Subscriber acts in a manner that, in the Biometrics Institute Board’s discretion,
constitutes seriously improper conduct in relation to the Code, then the Biometrics Institute
Board shall direct the Code Administrator to notify the Code Subscriber of the breach.
14. Within 7 business days of receipt of such notification, the Code Subscriber must:
14.1 take all reasonable steps to rectify the seriously improper conduct; and
14.2 notify the Code Administrator of the steps taken to rectify the seriously
improper conduct.
15. If the Code Subscriber fails to adequately comply with subclause K.14, then the
Biometrics Institute Board will issue a final notice requiring the Code Subscriber to rectify the seriously improper conduct within seven (7) business days.
16. The provisions in subclauses K.13 to K.15 and K.17.1 shall not have the effect of limiting in any way the discretion of the Privacy Commissioner to deal as he or she sees fit with any Code Subscriber that is the subject of a complaint under this Code.
Revocation of Code Subscription
17. The Biometrics Institute Board shall notify the Code Administrator of its decision to revoke a Code Subscriber’s subscription where:
17.1 a Code Subscriber fails to act in accordance with the final notice under subclause K.15; or
17.2 a Code Subscriber advises the Biometrics Institute Board by written notice to the Code Administrator that it wishes no longer to be a Code Subscriber.
Procedure upon Revocation
18. Upon revocation of the Code Subscription, the Code Administrator will:
18.1 notify in writing the Code Subscriber of the revocation, and, except in response to a advice under subclause K.17.3, set out the reasons for the revocation; and
18.2 remove the name of the Code Subscriber from the Public Register.
19. The steps referred to in subclause K.18 shall constitute deregistration of a Code Subscriber, and shall take effect from the date that the notification referred to in subclause K.18.1 is sent by the Code Administrator.
20. On receipt by the Code Administrator of a Code Subscriber’s advice in accordance with subclause K.17.2, deregistration of that Code Subscriber will occur within seven (7) business days.
21. On deregistration, the Code Subscriber must make no further representation that it complies with the Code.
Appeal
22. A Code Subscriber who has been deregistered in accordance with subclause K.18, may, within 7 business days of receipt of the notice referred to in subclause K.18.2, by written notice, appeal against the decision to the Chairperson of the Independent Code Review Panel.