Privacy Complaint

On 1 July 2009 the Information Privacy Act 2009 (IP Act) came into effect replacing parts of the now repealed Freedom of Information Act 1992 (FOI Act).

From 1 July 2010 Queensland Local Government became subject to information privacy laws.

The IP Act contains 2 sets of rules:

  • How individuals access and amend their own personal information; and
  • 11 Information Privacy Principles (IPPs).

Council's privacy policy

Bundaberg Regional Council has a formal Privacy Statement which explains how Council protects your privacy.

You may wish to make a complaint about a breach of Council's (or its bound contracted service provider's) obligations to comply with:

  • The Information Privacy Principles;
  • The conditions of a public interest approval that has occurred on or after 1 July 2010, as per Chapter 5 of the IP Act.

Council will handle your complaint in accordance with its general Complaints Management Process and as set out in the Privacy Statement.

Who can make a privacy complaint?

Generally, a person can only make a complaint about their personal information.  However:

  • An agent (e.g. lawyer) may complain on behalf of a person, if authorised to do so; or
  • A parent may complain on behalf of their child.

What is public interest approval?

The IP Act allows for agencies to apply to the Queensland Information Commissioner for an approval to waive or modify privacy principle obligations in the public interest.  For further information about public interest approvals refer to the Office of the Information Commissioner website.

Submitting a complaint

Your complaint must be in writing, either by:

  • Detailing your complaint in a letter to Council; or
  • Contact Council on 1300 883 699 where an officer can assist you.

Resolution

If the complaint is not resolved to your satisfaction, and more than 45 business days have passed since the complaint was made, you can refer your complaint to the Office of Information Commissioner.

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