tag:blogger.com,1999:blog-18815215.post6253406032675133825..comments2024-03-03T19:26:23.287+11:00Comments on Open and Shut: NeHTA not a FOIerPeter Timminshttp://www.blogger.com/profile/04589018910216965607noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-18815215.post-16305217677965310772011-03-13T21:48:34.166+11:002011-03-13T21:48:34.166+11:00For an entity to be an "agency" subject ...For an entity to be an "agency" subject to the Privacy Act principles that apply to public sector bodies they must be an agency as defined. If they aren't they are subject to the principles that apply to a private sector body if they have a turnover of $3 million or more a year. The principles that apply to a public sector agency or a private sector body differ in some important respects. An agency is defined in the Privacy Act as follows. As NeHTA is an incorporated company it wopuyld appear to be a private sector body for privacy Act purposes. Agency means: <br /><br /> (a) a Minister; or<br /><br /> (b) a Department; or<br /><br /> (c) a body (whether incorporated or not), or a tribunal, established or appointed for a public purpose by or under a Commonwealth enactment, not being:<br /><br /> (i) an incorporated company, society or association; or<br /><br /> (ii) an organisation that is registered under the Fair Work (Registered Organisations) Act 2009 or a branch of such an organisation; or<br /><br /> (d) a body established or appointed by the Governor‑General, or by a Minister, otherwise than by or under a Commonwealth enactment; or<br /><br /> (e) a person holding or performing the duties of an office established by or under, or an appointment made under, a Commonwealth enactment, other than a person who, by virtue of holding that office, is the Secretary of a Department; or<br /><br /> (f) a person holding or performing the duties of an appointment, being an appointment made by the Governor‑General, or by a Minister, otherwise than under a Commonwealth enactment; or<br /><br /> (g) a federal court; or<br /><br /> (h) the Australian Federal Police;Peter Timminshttps://www.blogger.com/profile/04589018910216965607noreply@blogger.comtag:blogger.com,1999:blog-18815215.post-14372357341920772242011-03-12T17:56:39.700+11:002011-03-12T17:56:39.700+11:00Hi Peter,
What are the implications of needing to...Hi Peter,<br /><br />What are the implications of needing to be under the Private Sector Act?<br /><br />Thanks<br /><br />DavidDr David G More MB PhDhttps://www.blogger.com/profile/06902724829795199526noreply@blogger.com