Exceptions to the application of the privacy principles

Generally speaking, the privacy principles apply to all Queensland government agencies including Departments, public authorities and local government. However, there are a number of exceptions to the requirement to comply with the privacy principles.

  • Section 29 of the IP Act states that a law enforcement agency is not subject to IPP 2, 3, 9, 10 or 11 if non-compliance is necessary for the following law enforcement functions or activities:
    • Law enforcement functions of the Queensland Police Service as detailed in the Acts which apply to its establishment and functions, such as the Police Powers and Responsibilities Act 2000, and its internal policies, practices and standards.
    • Law enforcement functions of the Crime and Misconduct Commission as detailed in the Acts which apply to its establishment and functions, such as the Crime and Misconduct Act 2001, and its internal policies, practices and standards.
    • Activities relating to the containment, supervision and rehabilitation of offenders under the Corrective Services Act 2006 and the Dangerous Prisoners (Sexual Offenders) Act 2003 can be determined by reference to those Acts, and to related legislation and policies, procedures and standards of the department of Corrective Services.
    • Any agency who has responsibility for:
      • the performance of functions or activities which are directed towards the prevention, detection, investigation, prosecution or punishment of offences and other breaches of laws for which penalties or sanctions may be imposed
      • the management of property seized or restrained under a law relating to the confiscation of the proceeds of crime
      • 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.
  • The privacy principles do not apply to the following documents regardless of which agency holds them. These relate to:
    • covert activity
    • witness protection o disciplinary action and misconduct
    • whistleblowers
    • Cabinet and Executive Council
    • Commissions of inquiry; and
    • generally available publications, archives and posted articles.
  • The privacy principles do not apply to the following excluded entities:
    • the Parliamentary Judges Commission of Inquiry appointed under the expired Parliamentary (Judges) Commission of Inquiry Act 1988
    • a commission of inquiry issued by the Governor in Council whether before or after the commencement of this schedule o a parents and citizens association under the Education (General Provisions) Act 2006
    • the Legislative Assembly o a member of the Legislative Assembly
    • a committee of the Legislative Assembly
    • a member of the committee of the Legislative Assembly
    • a parliamentary commission of inquiry
    • a member of a parliamentary commission of inquiry
    • a grammar school to which the Grammar Schools Act 2016 applies; and
    • a government owned corporation.
  • The privacy principles do not apply to particular entities in relation to the following specified functions:
    • a court, or the holder of a judicial office or other office connected with a court, in relation to the court’s judicial functions
    • a registry or other office of a court, or the staff of a registry or other office of a court in their official capacity, so far as its or their functions relate to the court’s judicial function; and
    • a tribunal in relation to the tribunal’s judicial or quasi-judicial functions.