Permitted general situations
From section 16A of the
Privacy Act 1988.
(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.
Permitted general situations Item
Column 1
Column 2
Column 3
Kind of
Item applies to Condition(s)
entity
1 APP
entity (a)
personal (a) it is unreasonable or impracticable
information; or
to obtain the individual’s consent to
the collection, use or disclosure; and
(b) a
government
(b) the entity reasonably believes that
related
the collection, use or disclosure is
identifier.
necessary to lessen or prevent a
serious threat to the life, health or
safety of any individual, or to public
health or safety.
2 APP
entity (a)
personal (a) the entity has reason to suspect
information; or
that unlawful activity, or misconduct
of a serious nature, that relates to the
(b) a
entity’s functions or activities has
government
been, is being or may be engaged in;
related
and
identifier.
(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 APP
entity Personal
(a) the entity reasonably believes that
information
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 APP
entity Personal
The collection, use or disclosure is
information
reasonably necessary for the
establishment, exercise or defence of
a legal or equitable claim.
5 APP
entity Personal
The collection, use or disclosure is
information
reasonably necessary for the
purposes of a confidential alternative
dispute resolution process.
6
Agency
Personal
The entity reasonably believes that
Permitted general situations
Permitted general situations Item
Column 1
Column 2
Column 3
Kind of
Item applies to Condition(s)
entity
information
the collection, use or disclosure is
necessary for the entity’s diplomatic
or consular functions or activities.
7 Defence Personal
The entity reasonably believes that
Force
information
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.