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PRIVACY Policies in Australia

Jurisdiction: Australia. Reviewed 27 October 2026.

A privacy policy should explain what an organisation actually does with personal information. It is part of compliance, rather than a substitute for lawful collection, security and fair handling.

Who needs an APP privacy policy?

The Privacy Act 1988 applies to Australian Government agencies and covered private organisations, including some small businesses. It does not automatically cover every individual or sole trader. Check the OAIC’s coverage guidance and exceptions, as well as any relevant state, territory or sector law.

Policy and collection notices serve different purposes

APP 1 requires covered entities to maintain a clear, current policy about their information handling. It should explain the kinds of information collected and held, collection and holding practices, purposes, access and correction, complaints and relevant overseas disclosures. APP 5 separately addresses notification at or before collection, or as soon as practicable afterwards.

Consent is not the whole test

For a covered private organisation, APP 3 ordinarily requires collection to be reasonably necessary for its functions or activities. Sensitive information generally also requires consent unless an exception applies. Merely publishing a policy does not establish consent. Ordinary personal information is not governed by a universal consent-before-every-collection rule.

Use, disclosure and security

APP 6 regulates use and disclosure, including permitted secondary uses and exceptions. Overseas disclosures can raise APP 8 accountability obligations. APP 11 requires reasonable security steps and, subject to exceptions, destruction or de-identification when information is no longer needed. Access and correction are addressed in APPs 12 and 13, with applicable exceptions; direct marketing has separate rules.

Keep the documents accurate

Map actual services, vendors and data flows before drafting. Explain complaint channels and update the policy when practices change. Foreign privacy laws may apply according to their scope and territorial tests; handling information about an EU or Californian citizen does not by itself settle that question. The NSW Health Records and Information Privacy Act is a state law, not a single national health privacy code.

Sources and further reading

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