Dictionary
Schedule 5 Dictionary
section 11
access application...
access charge...
accessible agency website means a website that is—
accessible by members of the public;
and
operated by an agency.
access law means a law of the State that provides for access by persons to documents.
adult child...
adult sibling...
affected individual, in relation to a data breach of an agency, see section 47(1)(a)(ii) and (b)(ii).
agency see section 18.
agent...
amendment application...
APP means an Australian Privacy Principle set out in the
Privacy Act 1988 (Cwlth), schedule 1.
appeal tribunal...
applicant...
appropriately qualified...
approved form means a form approved under section 200.
ASIO means the Australian Security Intelligence
Organisation established under the Australian Security Intelligence
Organisation Act 1979 (Cwlth).
Assembly means the Legislative Assembly.
Australian law, for schedules 3 and 4, means a law of the Commonwealth or a State, and includes the common law.
authorised officer means a person who holds office under
chapter 3A, part 5 as an authorised officer.
backup system...
bound contracted service provider means the contracted service provider under a service arrangement if—
under section 35(1) and (2), the contracting agency is required to take all reasonable steps to ensure the contracted service provider is required to comply with the privacy principle requirements as if it were the contracting agency; and
under the service arrangement, the contracted service provider is required to comply with the privacy principle requirements as if it were the contracting agency.
chapter 3 agency...
chapter 3 document...
collect, for schedules 3 and 4, in relation to personal information, means collect the information for inclusion in a document or generally available publication.
community safety department means the department in which the Corrective Services Act
2006 is administered.
complainant, for a privacy complaint, means the person who makes the complaint.
compliance notice see section 158.
consent, for schedules 3 and 4, means express consent or implied consent.
considered decision...
contracted service provider see section 34.
contracting agency see section 34.
contrary to public interest document...
contrary to public interest information...
control...
coroner see the Coroners Act
2003.
court includes a justice and a coroner.
data breach, of an agency, means either of the following in relation to information held by the agency—
unauthorised access to, or unauthorised disclosure of, the information;
the loss of the information in circumstances where unauthorised access to, or unauthorised disclosure of, the information is likely to occur.
decision-maker...
deemed decision...
de-identify, for schedule 3, in relation to information, means to amend the information so it is no longer about an identified individual, or an individual who is reasonably identifiable from the information.
department...
designated person...
director-general, of ASIO, means the person appointed as the Director-General of Security under the Australian Security Intelligence Organisation Act
1979 (Cwlth).
disclose, personal information, see section 23.
document see section 15.
document to which the privacy principle requirements do not apply see section 16.
document to which the privacy principles do not apply...
eligible data breach, of an agency, see section 47.
eligible family member...
enforcement-related activity, for schedule 3, means—
the prevention, detection, investigation, prosecution or punishment of criminal offences or breaches of laws imposing penalties or sanctions; or
the enforcement of laws relating to the confiscation of the proceeds of crime; or
the protection of the public revenue;
or
the prevention, detection, investigation or remedying of seriously improper conduct; or
the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal.
entity to which the privacy principles do not apply...
excluded entity see section 18(4).
exempt document...
exempt information...
external review...
external review application...
function includes a power.
generally available publication means a magazine, book, article, newspaper or other publication that is, or will be, generally available to members of the public whether or not it is—
published in print, electronically or in any other form; or
available on payment of a fee or charge.
health agency means the health department or a Hospital and Health Service.
healthcare professional...
health department means the department in which the
Hospital and Health Boards Act
2011 is administered.
health information, about an individual means—
personal information about the individual that includes any of the following—
the individual’s health at any time;
a disability of the individual at any time;
the individual’s expressed wishes about the future provision of health services to the individual;
a health service that has been provided, or that is to be provided, to the individual; or
personal information about the individual collected for the purpose of providing, or in providing, a health service; or
personal information about the individual collected in connection with the donation, or intended donation, by the individual of any of the individual’s body parts, organs or body substances.
health professional see the Hospital and Health Boards Act
2011, schedule 2.
health service means—
an activity performed in relation to an individual that is intended or claimed, expressly or otherwise, by the individual or by a person performing the activity—
to assess, record, preserve or improve the individual’s health; or
to diagnose an illness or disability of the individual; or
to treat an illness or disability of the individual or a suspected illness or disability; or
the dispensing on prescription of a drug or medicinal preparation by a pharmacist.
health service chief executive see the Hospital and Health Boards Act
2011, schedule 2.
held, in relation to personal information, see section 13.
holds, in relation to personal information, see section 13.
Hospital and Health Service means a Hospital and Health
Service established under the Hospital and Health Boards Act
2011, section 17.
identity card, for a provision about authorised officers, means an identity card issued under section 64.
information commissioner means the information commissioner under the Right to Information Act.
internal review...
internal review application...
IPP...
judicial member...
law enforcement agency means—
for the purposes of QPP 6—an enforcement body within the meaning of the Privacy Act 1988
(Cwlth) or any entity mentioned in paragraph (b); or
otherwise—
the Queensland Police Service under the Police Service
Administration Act 1990; or
the Crime and Corruption
Commission; or
the community safety department; or
any other agency, to the extent it has responsibility for—
the performance of functions or activities directed to the prevention, detection, investigation, prosecution or punishment of offences and other breaches of laws for which penalties or sanctions may be imposed;
or
the management of property seized or restrained under a law relating to the confiscation of the proceeds of crime; or
the enforcement of a law, or of an order made under a law, relating to the confiscation of the proceeds of crime; or
the execution or implementation of an order or decision made by a court or tribunal; or
the protection of public revenue.
Minister includes an Assistant Minister.
narrow...
NPP...
officer, in relation to an agency, includes—
the agency’s principal officer; and
a member of the agency; and
a member of the agency’s staff; and
a person employed by or for the agency.
OIC means the office of the information commissioner under the Right to Information
Act.
parliamentary committee means—
if the Legislative Assembly resolves that a particular committee of the Assembly is to be the parliamentary committee under this Act—that committee;
or
if paragraph (a) does not apply and the standing rules and orders state that the portfolio area of a portfolio committee includes the privacy commissioner—that committee; or
otherwise—the portfolio committee whose portfolio area includes the department, or the part of a department, in which this Act is administered.
participant...
permitted general situation means a permitted general situation described in schedule 4, part 1.
permitted health situation means a permitted health situation described in schedule 4, part 2.
personal information see section 12.
portfolio area see the Parliament of Queensland Act
2001, schedule.
portfolio committee see the Parliament of Queensland Act
2001, schedule.
prescribed written notice...
principal officer means—
in relation to a department—the chief executive of the department; or
in relation to a local government—the chief executive officer (however described) of the government; or
in relation to a government owned corporation—the chief executive officer (however described) of the government owned corporation; or
in relation to a subsidiary of a government owned corporation—the principal officer (however described) of the subsidiary; or
in relation to a public authority for which a regulation declares an office to be the principal office—the holder of the office; or
in relation to another public authority—
if it is an incorporated body that has no members—the person who manages the body’s affairs; or
if it is a body (whether or not incorporated) that is constituted by 1 person—the person; or
if it is a body (whether or not incorporated) that is constituted by 2 or more persons—the person who is entitled to preside at a meeting of the body at which the person is present.
privacy commissioner means the Privacy Commissioner appointed under this Act.
privacy complaint see section 164.
privacy principle requirements means—
for an agency—the requirements under chapters 2 and 3 applying to the agency; or
for a bound contracted service provider—the requirements under chapter 2, parts 1 and 2 and section 41 applying to the service provider under section 36(1).
privacy principles...
processing period...
publication includes a book, magazine or newspaper.
public authority has the meaning given by section 21.
public library includes—
the State library; and
a local government library; and
a library in the State that forms part of a public tertiary educational institution.
public record means a public record under the Public Records Act
2023.
QPP see section 26.
QPP code see section 40(1).
QPP privacy policy, for schedule 3, see QPP 1.3.
relevant chief executive...
relevant entity means an agency or bound contracted service provider.
relevant healthcare information...
respondent, for a privacy complaint, see section 164.
response period, for a privacy complaint to a relevant entity, for chapter 5, part 1, see section 164A(1).
responsible person, for an individual, for schedule 4, means—
a parent of the individual; or
a child or sibling of the individual if a health professional believes the child or sibling has capacity; or
a spouse of the individual; or
a relative of the individual if the relative is a member of the individual’s household; or
a guardian of the individual; or
a person exercising a power under an enduring power of attorney made by the individual that is exercisable in relation to decisions about the individual’s health; or
a person who has sufficient personal interest in the health and welfare of the individual;
or
a person nominated by the individual to be contacted in case of emergency.
reviewable decision...
review under this Act...
Right to Information Act means the Right to Information Act
2009.
RTI commissioner means the RTI commissioner under the Right to Information
Act.
sensitive information, for an individual, means the following—
information or an opinion, that is also personal information, about the individual’s—
racial or ethnic origin;
or
political opinions; or
membership of a political association; or
religious beliefs or affiliations; or
philosophical beliefs;
or
membership of a professional or trade association; or
membership of a trade union;
or
sexual orientation or practices; or
criminal record;
health information about the individual;
genetic information about the individual that is not otherwise health information;
biometric information that is to be used for the purpose of automated biometric verification or biometric identification; or
biometric templates.
serious harm, to an individual in relation to the unauthorised access or unauthorised disclosure of the individual’s personal information, includes, for example—
serious physical, psychological, emotional or financial harm to the individual because of the access or disclosure; or
serious harm to the individual’s reputation because of the access or disclosure.
service arrangement see section 34.
solicit, for schedule 3, by an entity in relation to personal information, means ask another entity to provide the personal information, or to provide information of a kind in which the personal information is included.
standing rules and orders see the Parliament of Queensland Act
2001, schedule.
subsidiary see the Government Owned Corporations Act
1993.
transfer period...
use, personal information, see section 23.
This provision refers to the regulations (prescribed information
, a regulation
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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