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VERBS
act~~s~ed~ing
agree~~s~d~ing
appl~y~ies~ied~ying
believ~e~es~ed~ing
breach~~es~ed~ing
carr~y~ies~ied~ying
ceas~e~es~ed~ing
collect~~s~ed~ing
consent~~s~ed~ing
contain~~s~ed~ing
contend~~s~ed~ing
contraven~e~es~ed~ing
disclos~e~es~ed~ing
ensur~e~es~ed~ing
f~all~alls~ell~alling
giv~e~es~en~ing
includ~e~es~ed~ing
ke~ep~ep~ept~eps
ma~ke~kes~de~king
maintain~~s~ed~ing
obtain~~s~ed~ing
permit~~s~ted~ting
prevent~~s~ed~ing
propos~e~es~ed~ing
receiv~e~es~ed~ing
request~~s~ed~ing
requir~e~es~ed~ing
s~eek~eeks~ought~eeking
satisf~y~ies~ied~ying
t~ake~akes~ook~aking
us~e~es~ed~ing
THING the act or practice
STRING the address of the credit reporting agency
DOLLAR the amount of credit facility which has been rejected
PERSONTHING the assisting authority
PERSON the author of the letter
PERSON the borrower
PERSONTHING the credit provider
PERSONTHING the credit reporting agency
DATE the date of application for credit
DATE the date of collection of the information concerned
DATE the date of commencement of the Act
DATE the date of disclosure of the 60 day overdue credit information
DATE the date of disclosure of the prohibited information
DATE the date of inclusion of the 60 day overdue credit information
DATE the date of inclusion of the prohibited information
DATE the date of provision of the commercial credit concerned
DATE the date of use of the prohibited information
DATE the date on which the bankruptcy order was made
DATE the date on which the cheque was dishonoured for the second time
DATE the date on which the court judgment was made
DATE the date on which the credit report was sought
DATE the date on which the credit reporting agency was notified that the
credit provider is no longer a credit provider in relation to the individual
concerned
DATE the date on which the information was included in the credit
information file
PERSONTHING the debt collector
THING the disclosed information
PERSONTHING the dispute resolver
THING the expired information
PERSON the individual concerned
THING the information concerned
PERSONTHING the information provider
PERSONTHING the information recorder
PERSONTHING the information user
PERSONTHING the information-handler
PERSONTHING the information-recipient
PERSONTHING the loan guarantor
PERSONTHING the merchant
PERSONTHING the mortgage insurer
DATE the most recent date on which the bankruptcy information was still
included
DATE the most recent date on which the court judgment information was still
included
DATE the most recent date on which the current credit provider status was
still included
DATE the most recent date on which the dishonoured cheque information was
still included
DATE the most recent date on which the overdue payment information was still
included
DATE the most recent date on which the record of a credit report being
sought was still included
DATE the most recent date on which the serious credit infringement
information was still included
STRING the name of the act or practice
PROMPT what is a brief description of the act or practice of
STRING the name of the disclosed information
PROMPT what is a short description of the information disclosed
STRING the name of the information concerned
PROMPT what is a short description of the information being dealt with
STRING the name of the information-handler
PROMPT what is the name of the person or organisation whose act or
practice in dealing with information is to be considered
STRING the name of the information-recipient
PROMPT what is the name of the person or organisation which received
from
STRING the name of the person or body
PROMPT what is the name of the person or body to be investigated
STRING the name of the potential credit reporting records
PROMPT please enter a description of the type of records containing
personal information which you wish to investigate
STRING the name of the recipient of personal information from a credit
reporting agency
PROMPT what is the name of the person, body or agency to whom personal
information was disclosed
STRING the name of the recipient of the report or information from a credit
provider
PROMPT what is the name of the person, body or agency to whom the report
or information derived from the report was disclosed
STRING the name of the recorded information
PROMPT what is a short description of the recorded information
STRING the name of the used information
PROMPT what is a short description of the used information
PERSONTHING the other access seeker
PERSONTHING the person or body
THING the potential credit reporting records
PERSONTHING the potential creditor
PERSONTHING the recipient corporation or adviser
PERSONTHING the recipient credit provider
PERSONTHING the recipient of personal information from a credit reporting
agency
PERSONTHING the recipient of the report or information from a credit
provider
THING the record
THING the recorded information
SEX the sex of the assisting authority
SEX the sex of the author of the letter
SEX the sex of the borrower
SEX the sex of the credit provider
SEX the sex of the credit reporting agency
SEX the sex of the debt collector
SEX the sex of the dispute resolver
SEX the sex of the individual concerned
SEX the sex of the information provider
SEX the sex of the information recorder
SEX the sex of the information user
SEX the sex of the information-handler
SEX the sex of the information-recipient
SEX the sex of the loan guarantor
SEX the sex of the merchant
SEX the sex of the mortgage insurer
SEX the sex of the other access seeker
SEX the sex of the person or body
PROMPT what is the sex of the person under scrutiny
SEX the sex of the potential creditor
SEX the sex of the recipient corporation or adviser
SEX the sex of the recipient credit provider
SEX the sex of the recipient of personal information from a credit reporting
agency
PROMPT what is the sex of the person to whom personal information was
disclosed
SEX the sex of the recipient of the report or information from a credit
provider
SEX the sex of the source of commercial credit
PROMPT what is the sex of the person that has given commercial credit
SEX the sex of the source of mortgage credit
PROMPT what is the sex of the person that has given mortgage credit
SEX the sex of the trade insurer
PERSONTHING the source of commercial credit
PERSONTHING the source of mortgage credit
PERSONTHING the trade insurer
STRING the type of credit facility covered by the guarantee
STRING the type of the credit facility which has been rejected
THING the used information
GOAL RULE Privacy Act 1988 Section 6 "agency" PROVIDES
the person or body is an agency ONLY IF
the person or body is a Commonwealth Minister OR
the person or body is a Commonwealth Department OR
the person or body is a body (whether incorporated or not) or a
tribunal established or appointed for a public purpose by or under a
Commonwealth enactment AND BEGIN
the person or body is not an incorporated company, society or
association AND
the person or body is not a trade union or branch of a trade
union as described in the Industrial Relations Act 1988 AND
the person or body is not a body corporate constituted under
subsection 6(1) of the Legal Practitioners Ordinance 1970
END OR
the person or body is a body established by the Governor General or
a Commonwealth Minister otherwise than under a Commonwealth
enactment OR
the person or body is a person performing the duties of an office
established under a Commonwealth enactment other than the Secretary
of a Commonwealth Department OR
the person or body is a person appointed by the Governor General or
a Commonwealth Minister otherwise than under a Commonwealth
enactment OR
the person or body is a federal court OR
the person or body is a court of the Australian Capital Territory OR
the person or body is the Australian Federal Police
RULE Privacy Act 1988 Section 6 "bank" PROVIDES
<> is a bank ONLY IF
<> is the Reserve Bank of Australia OR
<> is a bank within the meaning of the Banking Act 1959 OR
<> carries on State banking within the meaning of paragraph 51(xiii)
of the Constitution
RULE Privacy Act 1988 Section 6 "building society" PROVIDES
<> is a building society ONLY IF
<> is a society registered or incorporated as a building society,
co-operative housing society or similar society under a law relating
to such societies that is in force in a State or Territory
GOAL RULE Privacy Act 1988 Section 6 "corporation" PROVIDES
the person or body is a corporation ONLY IF
the person or body is not a natural person AND
the person or body is a body corporate AND BEGIN
the person or body is a foreign corporation OR BEGIN
the person or body is a trading corporation OR
the person or body is a financial corporation
END AND
the person or body is a corporation formed within the limits of
Australia OR
the person or body is incorporated in a Territory, other than
the Northern Territory
END
GOAL RULE Privacy Act 1988 Section 6 "credit provider" PROVIDES
the person or body is not a credit provider ONLY IF
the person or body is not a credit provider in respect of all
relevant transactions AND
the person or body is not a credit provider only in relation to a
transaction under which payment may be deferred AND
the person or body is not a credit provider only in relation to a
transaction under which hiring without full security occurs
RULE Privacy Act - general transaction credit providers PROVIDES
<> is a credit provider in respect of all relevant transactions ONLY IF
<> is a credit provider under section 11B AND
<> does not satisfy section 11B(1)(b)(v)
RULE Privacy Act - specific transaction credit providers - loans PROVIDES
<> is a credit provider only in relation to a transaction under which
payment may be deferred ONLY IF
<> is a credit provider under section 11B AND
<> satisfies section 11B(1)(b)(v) AND
<>, in relation to a transaction, is considering providing or has
provided a loan in respect of the provision of goods or services on
terms which allow the deferral of payment, in full or in part, for
at least 7 days
RULE Privacy Act - specific transaction credit providers - rental PROVIDES
<> is a credit provider only in relation to a transaction under which
hiring without full security occurs ONLY IF
<> is a credit provider under section 11B AND
<> satisfies section 11B(1)(b)(v) AND
<>, in relation to a transaction, is engaged in the hiring, leasing
or renting of goods for at least 7 days, where no amount, or an
amount less than the value of the goods, is paid as deposit
RULE Privacy Act 1988 Section 6 "credit reporting agency" PROVIDES
<> is a credit reporting agency ONLY IF
<> is a credit reporting agency under section 11A
GOAL RULE Privacy Act 1988 Section 6 "credit reporting business" PROVIDES
the person or body does carry on a credit reporting business ONLY IF
the person or body does carry on a business or undertaking that
involves the preparation or maintenance of records containing
personal information relating to individuals AND
the potential credit reporting records prepared or maintained by a
person or body are not records in which the only personal
information relating to individuals is publicly available
information AND
the person or body is not a business or undertaking of a kind in
respect of which regulations made for the purposes of s6(5C) are in
force AND
the potential credit reporting records are prepared or maintained by
the person or body for the purpose of, or for purposes that include
as the dominant purpose the purpose of, providing to other persons
information on individuals AND
the information to be provided by the person or body to other
persons is information mentioned in paragraphs (a), (b) or (c) of
the definition of "credit reporting business"
RULE Privacy Act 1988 Section 6 "credit reporting business" and Section
6(5A) - credit information PROVIDES
the information to be provided by <> to other persons is information
mentioned in paragraphs (a), (b) or (c) of the definition of "credit
reporting business" ONLY IF
the information to be provided by <> to other persons is not
information of the type mentioned in subsection 6(5A) AND
the information to be provided by <> to other persons is information
on an individual's eligibility to be provided with credit AND/OR
the information to be provided by <> to other persons is information
on an individual's history in relation to credit AND/OR
the information to be provided by <> to other persons is information
on an individual's capacity to repay credit
RULE Privacy Act 1988 Section 6 "credit reporting business" and Section
6(5B) PROVIDES
IF subsection 6(5B) applies to <> THEN
the potential credit reporting records are not prepared or
maintained by <> for the purpose of, or for purposes that include as
the dominant purpose the purpose of, providing to other persons
information on individuals
RULE Privacy Act 1988 Section 6 "credit union" PROVIDES
<> is a credit union ONLY IF
<> is a society registered or incorporated as a credit union or
credit society under a law relating to credit unions or credit
societies that is in force in a State or Territory
GOAL RULE Privacy Act 1988 Section 6 "current credit provider" PROVIDES
the person or body is a current credit provider in relation to the
individual concerned ONLY IF
the person or body is a credit provider AND
the person or body has given credit to the individual concerned AND
the credit given to the individual concerned has not been fully
repaid or otherwise fully discharged yet
RULE Privacy Act 1988 Section 6 "financial corporation" PROVIDES
<> is a financial corporation ONLY IF
<> is a financial corporation within the meaning of paragraph 51(xx)
of the Constitution
RULE Privacy Act 1988 Section 6 "generally available publication" PROVIDES
the information concerned is in a generally available publication ONLY
IF
the information concerned is in a magazine, book, newspaper or other
publication AND
the magazine, book, newspaper or other publication will be generally
available to the public
RULE Privacy Act 1988 Section 6 "intelligence agency" PROVIDES
the act done or practice engaged in was in relation to a record
originating with or received from an intelligence agency ONLY IF
the act done or practice engaged in was in relation to a record
originating with or received from the Australian Security
Intelligence Organisation OR
the act done or practice engaged in was in relation to a record
originating with or received from the Australian Secret Intelligence
Service OR
the act done or practice engaged in was in relation to a record
originating with or received from the Office of National Assessments
GOAL RULE Privacy Act 1988 Section 6 "mortgage insurer" PROVIDES
the person or body is a mortgage insurer ONLY IF
the person or body is a corporation AND
the person or body carries on a business or an undertaking (whether
for profit, reward or otherwise) that involves providing insurance
AND
the person or body provides insurance in respect of mortgage credit
given by its insured to other persons AND
the person or body's insured is a credit provider
GOAL RULE Privacy Act 1988 Section 6 "personal information" PROVIDES
the information concerned is personal information ONLY IF
the information concerned is information or an opinion about an
individual AND
the identity of the individual can be reasonably ascertained from
the information concerned
GOAL DAEMON Privacy Act 1988 Section 6 "record" PROVIDES
the information concerned is stored in a record ONLY IF
BEGIN
the information concerned is in a document OR
the information concerned is in a database (however kept) OR
the information concerned is a photograph or other pictorial
representation of a person
END AND
the information concerned is not in a generally available
publication AND
the information concerned is not in anything kept in a library, art
gallery or museum for the purposes of reference, study or exhibition
AND
the information concerned is not in a Commonwealth record as defined
by subsection 3(1) of the Archives Act 1983 that is in the open
access period for the purposes of that Act AND
the information concerned is not in a document placed by or on
behalf of a person (other than an agency) in the memorial collection
within the meaning of the Australian War Memorial Act 1980 AND
the information concerned is not in a letter or other article in the
course of transmission by post
GOAL RULE Privacy Act 1988 Section 6 "trade insurer" PROVIDES
the person or body is a trade insurer ONLY IF
the person or body is a corporation AND
the person or body carries on a business or an undertaking (whether
for profit, reward or otherwise) that involves providing insurance
AND
the person or body provides insurance in respect of commercial
credit given by its insured to other persons AND
the person or body's insured is a credit provider
RULE Privacy Act 1988 Section 6 "trading corporation" PROVIDES
<> is a trading corporation ONLY IF
<> is a trading corporation within the meaning of paragraph 51(xx)
of the Constitution
RULE Privacy Act 1988 Section 6(5A) PROVIDES
the information to be provided by <> to other persons is information of
the type mentioned in subsection 6(5A) ONLY IF
the information to be provided by <> to other persons is information
solely concerning commercial transactions engaged in by or on behalf
of an individual
RULE Privacy Act 1988 Section 6(5B) PROVIDES
subsection 6(5B) applies to <> ONLY IF
<> is a corporation AND
<> is a credit provider AND
the potential credit reporting records are prepared or maintained by
<> solely for the provision of information to corporations related
to it
RULE Privacy Act 1988 Section 6(5C) PROVIDES
<> is a business or undertaking of a kind in respect of which
regulations made for the purposes of s6(5C) are in force ONLY IF
regulations have been made for the purposes of section 6(5C) AND
<> is a business or undertaking of a kind specified in the
regulations made under section 6(5C)
GOAL RULE Privacy Act 1988 Section 7 "act or practice" PROVIDES
the information-handler has done an act or engaged in a practice in
accordance with section 7 ONLY IF
the information-handler comes within paragraphs 7(1)(a) to (e) AND
the act done or practice engaged in was not in relation to a record
originating with or received from one of the bodies mentioned in
paragraphs 7(1)(f) to (h)
RULE Privacy Act 1988 Section 7(1)(a) to (e) PROVIDES
the information-handler comes within paragraphs 7(1)(a) to (e) ONLY IF
the information-handler comes within para 7(1)(a) OR
the information-handler comes within para 7(1)(b) OR
the information-handler comes within para 7(1)(c) OR
the information- handler comes within para 7(1)(d) OR
the information-handler comes within para 7(1)(e)
RULE Privacy Act 1988 Section 7(1)(a) PROVIDES
the information-handler comes within para 7(1)(a) ONLY IF
BEGIN
the information-handler is an agency OR
the information-handler is a file number recipient OR
the information-handler is a credit reporting agency OR
the information- handler is a credit provider
END AND
the information-handler is not an agency specified in Schedule 1 to
the Freedom of Information Act 1982 (Cth) AND
the information-handler is not an agency specified in Schedule 2 to
the Freedom of Information Act 1982 (Cth) AND
the information-handler is not a federal court or a court of the
Australian Capital Territorry AND
the information-handler is not a Commonwealth Minister AND
the information-handler is not the National Crime Authority AND
the information-handler is not a Royal Commission AND
the information-handler has done an act or engaged in a practice in
relation to the information concerned
RULE Privacy Act 1988 Section 7(1)(b) PROVIDES
the information-handler comes within para 7(1)(b) ONLY IF
BEGIN
the information-handler is a federal court or a court of the
Australian Capital Territory OR
the information-handler is an agency specified in Schedule 1 to
the Freedom of Information Act 1982 (Cth)
END AND
the information-handler has done an act or engaged in a practice in
respect of a matter of an administrative nature regarding the
information
RULE Privacy Act 1988 Section 7(1)(c) PROVIDES
the information-handler comes within para 7(1)(c) ONLY IF
the information-handler is an agency specified in Schedule 2 to the
Freedom of Information Act 1982 (Cth) AND
the information-handler has done an act or engaged in a practice
otherwise than in relation to a record which is exempted from the
operation of the Freedom of Information Act 1982 (Cth)
RULE Privacy Act 1988 Section 7(1)(d) PROVIDES
the information-handler comes within para 7(1)(d) ONLY IF
the information-handler is a Commonwealth Minister AND
the information-handler has done an act or engaged in a practice in
relation to the affairs of an agency AND
the act done or practice engaged in was not in relation to an
existing record
RULE Privacy Act 1988 Section 7(1)(e) PROVIDES
the information-handler comes within para 7(1)(e) ONLY IF
the information-handler is a Commonwealth Minister AND
the information-handler has done an act or engaged in a practice in
relation to a record that is in the information- handler's
possession in the capacity of Minister AND
the record relates to the affairs of an agency
RULE Privacy Act 1988 Section 7(1)(f) to (g) PROVIDES
the act done or practice engaged in was in relation to a record
originating with or received from one of the bodies mentioned in
paragraphs 7(1)(f) to (h) ONLY IF
the act done or practice engaged in was in relation to a record
originating with or received from an intelligence agency OR
the act done or practice engaged in was in relation to a record
originating with or received from the Defence Signals Directorate or
the Joint Intelligence Organisation of the Department of Defence OR
the act done or practice engaged in was in relation to a record
originating with or received from the National Crime Authority
GOAL RULE Privacy Act 1988 Section 9 "collector" PROVIDES
the information-handler is a collector of the information concerned ONLY
IF
the information-handler is an agency AND
the information-handler collected the information concerned (not
necessarily from the individual concerned) AND
the information concerned is personal information
GOAL RULE Privacy Act 1988 Section 10 "record-keeper" PROVIDES
the information-handler is a record-keeper of the information concerned
ONLY IF
the information-handler is an agency AND
the information-handler does have possession or control of the
record AND
the information concerned is personal information
RULE Privacy Act 1988 Section 11A - Credit Reporting Agencies PROVIDES
<> is a credit reporting agency under section 11A ONLY IF
<> is a corporation AND
<> does carry on a credit reporting business
RULE Privacy Act 1988 Section 11B - Credit Providers PROVIDES
<> is a credit provider under section 11B ONLY IF
<> satisfies section 11B(1)(a) AND/OR
<> satisfies section 11B(1)(b) AND/OR
<> satisfies section 11B(1)(c) AND
<> is not included in a class of corporations declared by the
regulations made under section 11B(2) not to be credit providers
RULE Privacy Act 1988 Section 11B(1)(a) PROVIDES
<> satisfies section 11B(1)(a) ONLY IF
<> is a bank
RULE Privacy Act 1988 Section 11B(1)(b) PROVIDES
<> satisfies section 11B(1)(b) ONLY IF
<> is a corporation AND
<> is not an agency AND BEGIN
<> satisfies section 11B(1)(b)(i) OR
<> satisfies section 11B(1)(b)(ii) OR
<> satisfies section 11B(1)(b)(iii) OR
<> satisfies section 11B(1)(b)(iv) OR
<> satisfies section 11B(1)(b)(v)
END
RULE Privacy Act 1988 Section 11B(1)(b)(i) PROVIDES
<> satisfies section 11B(1)(b)(i) ONLY IF
<> is a building society
RULE Privacy Act 1988 Section 11B(1)(b)(ii) PROVIDES
<> satisfies section 11B(1)(b)(ii) ONLY IF
<> is a credit union
RULE Privacy Act 1988 Section 11B(1)(b)(iii) PROVIDES
<> satisfies section 11B(1)(b)(iii) ONLY IF
<> carries on a business or undertaking involving the provision of
loans (including the provision of loans by issuing credit cards) AND
the provision of loans (including the provision of loans by issuing
credit cards) is a substantial part of <>'s business or undertaking
RULE Privacy Act 1988 Section 11B(1)(b)(iv) PROVIDES
<> satisfies section 11B(1)(b)(iv) ONLY IF
<> carries on a retail business in the course of which it issues
credit cards to members of the public AND
the credit cards are issued in connection with the sale of goods, or
the supply of services by <>
RULE Privacy Act 1988 Section 11B(1)(b)(v) PROVIDES
<> satisfies section 11B(1)(b)(v) ONLY IF
<> carries on a business or undertaking involving the provision of
loans (including the provision of loans by issuing credit cards) AND
<> is included in a class determined by the Commissioner to be
credit providers for the purposes of this Act
RULE Privacy Commissioner's Determination Section 11B(1)(b)(v)(B) PROVIDES
<> is included in a class determined by the Commissioner to be credit
providers for the purposes of this Act ONLY IF
<> is not already a credit provider by virtue of paragraphs (a) or
(b)(i) to (iv) of section 11B(1) of the Act AND BEGIN
<>, in relation to a transaction, is considering providing or
has provided a loan in respect of the provision of goods or
services on terms which allow the deferral of payment, in full
or in part, for at least 7 days OR
<>, in relation to a transaction, is engaged in the hiring,
leasing or renting of goods for at least 7 days, where no
amount, or an amount less than the value of the goods, is paid
as deposit
END
RULE Privacy Act 1988 Section 11B(1)(c) PROVIDES
<> satisfies section 11B(1)(c) ONLY IF
<> is not a corporation AND
<> is a person in relation to whom paragraph 11B(1)(b) would apply
if the person were a corporation
RULE Privacy Act 1988 Section 11B(1)(c) paraphrase PROVIDES
<> is a person in relation to whom paragraph 11B(1)(b) would apply if
the person were a corporation ONLY IF
<> is not a corporation AND
<> is not an agency AND BEGIN
<> satisfies section 11B(1)(b)(i) OR
<> satisfies section 11B(1)(b)(ii) OR
<> satisfies section 11B(1)(b)(iii) OR
<> satisfies section 11B(1)(b)(iv) OR
<> satisfies section 11B(1)(b)(v)
END
RULE Privacy Act 1988 structure of section 11B(1) PROVIDES
<> is already a credit provider by virtue of paragraphs (a) or (b)(i) to
(iv) of section 11B(1) of the Act ONLY IF
<> satisfies section 11B(1)(a) OR
<> satisfies section 11B(1)(b)(i) OR
<> satisfies section 11B(1)(b)(ii) OR
<> satisfies section 11B(1)(b)(iii) OR
<> satisfies section 11B(1)(b)(iv)
RULE Privacy Act 1988 Section 11B(2) PROVIDES
<> is included in a class of corporations declared by the regulations
made under section 11B(2) not to be credit providers ONLY IF
regulations have been made under section 11B(2) AND
<> is included in a class of corporations declared not to be credit
providers by the regulations
GOAL RULE Privacy Act 1988 Section 13(a) (Interferences with privacy - IPPs)
PROVIDES
IF the information-handler is an agency AND
the information-handler has done an act or engaged in a practice in
accordance with section 7 THEN BEGIN
DETERMINE IF the behaviour prohibited by IPP 1 has occurred
DETERMINE IF the behaviour prohibited by IPP 2 has occurred
DETERMINE IF the behaviour prohibited by IPP 3 has occurred
DETERMINE IF the behaviour prohibited by IPP 4 has occurred
DETERMINE IF the behaviour prohibited by IPP 5 has occurred
DETERMINE IF the behaviour prohibited by IPP 6 has occurred
DETERMINE IF the behaviour prohibited by IPP 7 has occurred
DETERMINE IF the behaviour prohibited by IPP 8 has occurred
DETERMINE IF the behaviour prohibited by IPP 9 has occurred
DETERMINE IF the behaviour prohibited by IPP 10 has occurred
DETERMINE IF the behaviour prohibited by IPP 11 has occurred
ASSERT the act or practice by the information-handler is an interference
with the privacy of the individual concerned ONLY IF
the information-handler has not complied with all of the
Information Privacy Principles set out in section 14
END ELSE
the information-handler is not subject to the Information Privacy
Principles in relation to the information concerned
RULE Privacy Act 1988 Section 14 PROVIDES
IF the behaviour prohibited by IPP 1 has occurred OR
the behaviour prohibited by IPP 2 has occurred OR
the behaviour prohibited by IPP 3 has occurred OR
the behaviour prohibited by IPP 4 has occurred OR
the behaviour prohibited by IPP 5 has occurred OR
the behaviour prohibited by IPP 6 has occurred OR
the behaviour prohibited by IPP 7 has occurred OR
the behaviour prohibited by IPP 8 has occurred OR
the behaviour prohibited by IPP 9 has occurred OR
the behaviour prohibited by IPP 10 has occurred OR
the behaviour prohibited by IPP 11 has occurred THEN
the information-handler has not complied with all of the Information
Privacy Principles set out in section 14
ELSE
the information-handler has complied with all of the Information
Privacy Principles set out in section 14
GOAL RULE Privacy Act 1988 Section 14 IPP 1 PROVIDES
the behaviour prohibited by IPP 1 has occurred ONLY IF
the information concerned was collected after the commencement of
the Act AND BEGIN
the behaviour prohibited by IPP 1(1) has occurred OR
the behaviour prohibited by IPP 1(2) has occurred
END
RULE Privacy Act 1988 Section 14 IPP 1(1) PROVIDES
the behaviour prohibited by IPP 1(1) has occurred ONLY IF
the information concerned is personal information AND
the information-handler is a collector of the information concerned
AND BEGIN
the information concerned was collected for inclusion in a
record OR
the information concerned was collected for inclusion in a
generally available publication
END AND
BEGIN
the exception in IPP 1(1)(a) does not apply OR
the exception in IPP 1(1)(b) does not apply
END
RULE Privacy Act 1988 Section 14 IPP 1(1)(a) PROVIDES
the exception in IPP 1(1)(a) applies ONLY IF
the purpose for which the information concerned was collected is a
lawful purpose directly related to a function or activity of the
information-handler
RULE Privacy Act 1988 Section 14 IPP 1(1)(b) PROVIDES
the exception in IPP 1(1)(b) applies ONLY IF
the collection of the information concerned is necessary for, or
directly related to, the lawful purpose for which the information
concerned was collected
RULE Privacy Act 1988 Section 14 IPP 1(2) PROVIDES
the behaviour prohibited by IPP 1(2) has occurred ONLY IF
the information concerned is personal information AND
the information-handler is a collector of the information concerned
AND
the information concerned was collected by unlawful or unfair means
GOAL RULE Privacy Act 1988 Section 14 IPP 2 PROVIDES
the behaviour prohibited by IPP 2 has occurred ONLY IF
the information concerned was collected after the commencement of
the Act AND
the prerequisites in IPP 2(a) and (b) are met AND
the information-handler did not take reasonable steps to inform the
individual concerned of the matters referred to in IPP 2(c), (d) and
(e)
RULE Privacy Act 1988 Section 14 IPP 2(a) and (b) PROVIDES
the prerequisites in IPP 2(a) and (b) are met ONLY IF
the information concerned is personal information AND
the information-handler is a collector of the information concerned
AND BEGIN
the information concerned was collected for inclusion in a
record OR
the information concerned was collected for inclusion in a
generally available publication
END AND
the information concerned was solicited by the information-handler
RULE Privacy Act 1988 Section 14 IPP 2(c), (d) and (e) PROVIDES
the information-handler took reasonable steps to inform the individual
concerned of the matters referred to in IPP 2(c), (d) and (e) ONLY IF
the information-handler took such steps (if any) as are reasonable,
prior to the time of collection or as soon as practicable
afterwards, to inform the individual concerned of the purpose for
which the information concerned was collected AND BEGIN
the collection of the information concerned is not authorised or
required by law OR
the information-handler took such steps (if any) as are
reasonable, prior to the time of collection or as soon as
practicable afterwards, to inform the individual concerned that
the collection of the information concerned is authorised or
required by law
END AND
the information-handler took such steps (if any) as are reasonable,
before the collection or soon afterwards, to inform the individual
concerned of any person or organisation to which the
information-handler usually discloses such information AND
the information-handler took such steps (if any) as are reasonable,
prior to collection or soon after, to inform the individual
concerned of anybody that may routinely receive information from
bodies which it discloses information to
GOAL RULE Privacy Act 1988 Section 14 IPP 3 PROVIDES
the behaviour prohibited by IPP 3 has occurred ONLY IF
the information concerned was collected after the commencement of
the Act AND
the prerequisites in IPP 3(a) and (b) are met AND
the information-handler did not take reasonable steps to ensure that
the conditions of IPP 3(c) and (d) were met
RULE Privacy Act 1988 Section 14 IPP 3(a) and (b) PROVIDES
the prerequisites in IPP 3(a) and (b) are met ONLY IF
the information concerned is personal information AND
the information-handler is a collector of the information concerned
AND BEGIN
the information concerned was collected for inclusion in a
record OR
the information concerned was collected for inclusion in a
generally available publication
END AND
the information concerned was solicited by the information-handler
RULE Privacy Act 1988 Section 14 IPP 3(c) and (d) PROVIDES
the information-handler took reasonable steps to ensure that the
conditions of IPP 3(c) and (d) were met ONLY IF
the information-handler took such steps (if any) as are reasonable
to ensure that the information concerned collected was relevant to
the purpose for which it was collected AND
the information-handler took such steps (if any) as are reasonable
to ensure that the information collected was up to date and complete
AND
the information-handler took such steps (if any) as are reasonable
to ensure that the collection of the information concerned did not
intrude unreasonably upon the personal affairs of the individual
concerned
GOAL RULE Privacy Act 1988 Section 14 IPP 4 PROVIDES
the behaviour prohibited by IPP 4 has occurred ONLY IF
the information concerned is stored in a record AND
the information-handler is a record-keeper of the information
concerned AND
the information concerned is personal information AND
the information-handler does have possession or control of the
record AND BEGIN
the information-handler does not ensure that the conditions in
IPP 4(a) are met OR
the information-handler does not ensure that the conditions in
IPP 4(b) are met
END
RULE Privacy Act 1988 Section 14 IPP 4(a) PROVIDES
the information-handler ensures that the conditions in IPP 4(a) are met
ONLY IF
the information-handler maintains such security safeguards as are
reasonable to ensure that the record is protected against loss,
against unauthorised access, use, modification or disclosure, and
against other misuse
RULE Privacy Act 1988 Section 14 IPP 4(b) PROVIDES
the information-handler ensures that the conditions in IPP 4(b) are met
ONLY IF
it is not neccessary for the record to be given to a person in
connection with the provision of a service to the information-
handler OR
everything reasonably within the power of the information-handler is
done to prevent unauthorised use or disclosure of the information
concerned by the other person
GOAL RULE Privacy Act 1988 Section 14 IPP 5 PROVIDES
the behaviour prohibited by IPP 5 has occurred ONLY IF
the information concerned is stored in a record AND
the information-handler is a record-keeper of the information
concerned AND BEGIN
the behaviour prohibited by IPP 5(1) and 5(2) has occurred OR
the behaviour prohibited by IPP 5(3) and 5(4) has occurred
END
RULE Privacy Act 1988 Section 14 IPP 5(1) and 5(2) PROVIDES
the behaviour prohibited by IPP 5(1) and 5(2) has occurred ONLY IF
the information-handler does have possession or control of the
record AND
the information concerned is personal information AND
the information-handler does not take reasonable steps to enable any
person to to ascertain the matters referred to in IPP 5(1)(a) and
(b) AND
the exception in IPP 5(2) does not apply
RULE Privacy Act 1988 Section 14 IPP 5(1)(a) and (b) PROVIDES
the information-handler takes reasonable steps to enable any person to
to ascertain the matters referred to in IPP 5(1)(a) and (b) ONLY IF
the information-handler takes reasonable steps to enable any person
to ascertain whether the information-handler does have possession or
control of any records that contain personal information AND
the information-handler takes reasonable steps to enable any person
to ascertain the nature of the personal information recorded AND
the information-handler takes reasonable steps to enable any person
to ascertain the main purposes for which the personal information is
used AND
the information-handler takes reasonable steps to enable any person
to ascertain the steps that a person should take in order to obtain
access to a record containing personal information
RULE Privacy Act 1988 Section 14 IPP 5(2) PROVIDES
the exception in IPP 5(2) applies ONLY IF
the information-handler is required or authorised, under the
applicable provisions of any Commonwealth law providing for access
to documents, to refuse to give information regarding the nature of
personal information held by the information- handler
RULE Privacy Act 1988 Section 14 IPP 5(3) and 5(4) PROVIDES
the behaviour prohibited by IPP 5(3) and 5(4) has occurred ONLY IF
the conditions of IPP 5(3) are not complied with OR
the conditions of IPP 5(4) are not complied with
RULE Privacy Act 1988 Section 14 IPP 5(3) PROVIDES
the conditions of IPP 5(3) are complied with ONLY IF
the information-handler maintains a record setting out the nature of
the records of personal information kept by or on behalf of the
information-handler AND
the information-handler maintains a record setting out the purpose
for which each type of record is kept AND
the information-handler maintains a record setting out the classes
of individuals about whom records are kept AND
the information-handler maintains a record setting out the period
for which each type of record is kept AND
the information-handler maintains a record setting out the persons
who are entitled to have access to personal information contained in
the records and the conditions under which they are entitled to have
that access AND
the information-handler maintains a record setting out the steps
that should be taken by persons wishing to obtain access to that
personal information
RULE Privacy Act 1988 Section 14 IPP 5(4) PROVIDES
the conditions of IPP 5(4) are complied with ONLY IF
the information-handler makes the record maintained for inclusion in
the Personal Information Digest under IPP 5(3) available for
inspection by members of the public AND
the information-handler gives a copy of the record maintained for
inclusion in the Personal Information Digest under IPP 5(3) to the
Privacy Commissioner in June of each year
GOAL RULE Privacy Act 1988 Section 14 IPP 6 PROVIDES
the behaviour prohibited by IPP 6 has occurred ONLY IF
the information concerned is stored in a record AND
the information-handler is a record-keeper of the information
concerned AND
the information-handler does have possession or control of the
record AND
the information concerned is personal information AND
the individual concerned is not permitted to have access to the
record AND
access to documents laws do not prevent access to the record
RULE Privacy Act 1988 Section 14 IPP 6 (elaboration) PROVIDES
access to documents laws prevent access to the record ONLY IF
the information-handler is required or authorised to refuse to
provide the individual concerned with access to the record under the
applicable provisions of a Commonwealth law providing for access by
persons to documents
GOAL RULE Privacy Act 1988 Section 14 IPP 7 PROVIDES
the behaviour prohibited by IPP 7 has occurred ONLY IF
the information concerned is stored in a record AND
the information-handler is a record-keeper of the information
concerned AND BEGIN
the behaviour prohibited by IPP 7(1) and 7(2) has occurred OR
the behaviour prohibited by IPP 7(3) has occurred
END
RULE Privacy Act 1988 Section 14 IPP 7(1) and 7(2) PROVIDES
the behaviour prohibited by IPP 7(1) and 7(2) has occurred ONLY IF
the behaviour prohibited by IPP 7(1) has occurred AND
the exception in IPP 7(2) does not apply
RULE Privacy Act 1988 Section 14 IPP 7(1) PROVIDES
the behaviour prohibited by IPP 7(1) has occurred ONLY IF
the information-handler does have possession or control of the
record AND
the information concerned is personal information AND
the information-handler does not take reasonable steps to ensure
that the record meets the conditions imposed by IPP 7(1)(a) and (b)
RULE Privacy Act 1988 Section 14 IPP 7(1)(a) and (b) PROVIDES
the information-handler took reasonable steps to ensure that the record
meets the conditions imposed by IPP 7(1)(a) and (b) ONLY IF
the information-handler took reasonable steps, by way of making
appropriate corrections, deletions and additions, to ensure that the
record is accurate AND
the information-handler took reasonable steps, by way of making
appropriate corrections, deletions and additions, to ensure that the
record is relevant to the purpose for which the information
concerned was collected and is up to date, complete and not
misleading
RULE Privacy Act 1988 Section 14 IPP 7(2) PROVIDES
the exception in IPP 7(2) applies ONLY IF
the information-handler is entitled to utilise a limitation in a
Commonwealth law providing a right to require the correction or
amendment of documents
RULE Privacy Act 1988 Section 14 IPP 7(3) PROVIDES
the behaviour prohibited by IPP 7(3) has occurred ONLY IF
the prerequisites in IPP 7(3)(a) are met AND
the prerequisites in IPP 7(3)(b) are met AND
the information-handler does not take reasonable steps to attach a
statement by the individual concerned about the correction, deletion
or alteration sought
RULE Privacy Act 1988 Section 14 IPP 7(3)(a) PROVIDES
the prerequisites in IPP 7(3)(a) are met ONLY IF
the information concerned is personal information AND
the individual concerned requested that the record be amended AND
the information-handler is not willing to amend the record by making
a correction, deletion or addition
RULE Privacy Act 1988 Section 14 IPP 7(3)(b) PROVIDES
the prerequisites in IPP 7(3)(b) are met ONLY IF
a decision or recommendation has not been made under a Commonwealth
law that the record should be amended wholly or partly in accordance
with the request by the individual concerned
GOAL RULE Privacy Act 1988 Section 14 IPP 8 PROVIDES
the behaviour prohibited by IPP 8 has occurred ONLY IF
the information concerned is stored in a record AND
the information-handler is a record-keeper of the information
concerned AND
the information-handler does have possession or control of the
record AND
the information concerned is personal information AND
the information concerned handler uses the information concerned AND
the information-handler does not take such steps (if any) that are
reasonable to ensure that the information concerned is accurate, up
to date and complete, having regard to the purpose for which the
information concerned is used
GOAL RULE Privacy Act 1988 Section 14 IPP 9 PROVIDES
the behaviour prohibited by IPP 9 has occurred ONLY IF
the information concerned is stored in a record AND
the information-handler is a record-keeper of the information
concerned AND
the information-handler does have possession or control of the
record AND
the information concerned is personal information AND
the information-handler uses the information concerned AND
the information concerned is used for a purpose for which the
information concerned is not relevant
GOAL RULE Privacy Act 1988 Section 14 IPP 10 PROVIDES
the behaviour prohibited by IPP 10 has occurred ONLY IF
the information concerned was collected after the commencement of
the Act AND
the information concerned is stored in a record AND
the information-handler is a record-keeper of the information
concerned AND BEGIN
the behaviour prohibited by IPP 10(1) has occurred OR
the behaviour prohibited by IPP 10(2) has occurred
END
RULE Privacy Act 1988 Section 14 IPP 10(1) PROVIDES
the behaviour prohibited by IPP 10(1) has occurred ONLY IF
the information-handler does have possession or control of the
record AND
the information concerned is personal information AND
the information-handler uses the information concerned for a purpose
other than the purpose for which the information concerned was
collected AND
one of the exceptions mentioned in IPP 10(1)(a) to (e) does not
apply
RULE Privacy Act 1988 Section 14 IPP 10(1) (a) to (e) PROVIDES
one of the exceptions mentioned in IPP 10(1)(a) to (e) applies ONLY IF
the individual concerned has consented, either expressly or
impliedly, to the use of the information concerned for the other
purpose OR
the information-handler believed on reasonable grounds that the use
of the information concerned for the other purpose was necessary to
prevent or lessen a serious and imminent threat to the life or
health of the individual concerned or another person OR
the use of the information concerned for the other purpose was
required or authorised by law OR
the use of the information concerned for the other purpose was
reasonably necessary for the enforcement of the criminal law or of a
law imposing a pecuniary penalty, or for the protection of the
public revenue OR
the other purpose was directly related to the purpose for which the
information concerned was collected
RULE Privacy Act 1988 Section 14 IPP 10(2) PROVIDES
the behaviour prohibited by IPP 10(2) has occurred ONLY IF
the information concerned is personal information AND
one of the exceptions mentioned in IPP 10(1)(a) to (e) applies AND
the use of the information concerned for the other purpose was
reasonably necessary for the enforcement of the criminal law or of a
law imposing a pecuniary penalty, or for the protection of the
public revenue AND
the information-handler did not include a note in the record of the
use of the information concerned for the enforcement of the criminal
law or of a law imposing a pecuniary penalty, or for the protection
of the public revenue
GOAL RULE Privacy Act 1988 Section 14 IPP 11 PROVIDES
the behaviour prohibited by IPP 11 has occurred ONLY IF
the information concerned was collected after the commencement of
the Act AND
the information concerned is stored in a record AND
the information-handler is a record-keeper of the information
concerned AND BEGIN
the behaviour prohibited by IPP 11(1) has occurred OR
the behaviour prohibited by IPP 11(2) has occurred OR
the behaviour prohibited by IPP 11(3) has occurred
END
RULE Privacy Act 1988 Section 14 IPP 11(1) PROVIDES
the behaviour prohibited by IPP 11(1) has occurred ONLY IF
the information-handler does have possession or control of the
record AND
the information concerned is personal information AND
the information-handler disclosed the information concerned to a
person, body or agency other than the individual concerned AND
one of the exceptions in IPP 11(1)(a) to (e) does not apply
RULE Privacy Act 1988 Section 14 IPP 11(1)(a) to (e) PROVIDES
one of the exceptions in IPP 11(1)(a) to (e) applies ONLY IF
the individual concerned was reasonably likely to have been aware,
or was made aware under IPP 2, that information of the kind
disclosed is usually passed to the information- recipient OR
the individual concerned did consent to the disclosure OR
the information-handler reasonably believed that the disclosure was
necessary to prevent or lessen a serious and imminent threat to the
life or health of the individual concerned or of another person OR
the disclosure was required or authorised by law OR
the disclosure was reasonably necessary for the enforcement of the
criminal law or of a law imposing a pecuniary penalty, or for the
protection of the public revenue
RULE Privacy Act 1988 Section 14 IPP 11(2) PROVIDES
the behaviour prohibited by IPP 11(2) has occurred ONLY IF
the information concerned is personal information AND
one of the exceptions in IPP 11(1)(a) to (e) applies AND
the disclosure was reasonably necessary for the enforcement of the
criminal law or of a law imposing a pecuniary penalty, or for the
protection of the public revenue AND
the information-handler did not include a note in the record of the
disclosure of the information concerned for the enforcement of the
criminal law or of a law imposing a pecuniary penalty, or for the
protection of the public revenue
RULE Privacy Act 1988 Section 14 IPP 11(3) PROVIDES
the behaviour prohibited by IPP 11(3) has occurred ONLY IF
the information-handler does have possession or control of the
record AND
the information concerned is personal information AND
the information-handler disclosed the information concerned to a
person, body or agency other than the individual concerned AND
the information-recipient does use or disclose the information
concerned for a purpose other than the purpose for which the
information concerned was given to the information-recipient
RULE Privacy Act 1988 Section 15 (commencement) PROVIDES
the information concerned was collected after the commencement of the
Act ONLY IF
the date of collection of the information concerned IS GREATER THAN
1st January, 1989
GOAL RULE Privacy Act 1988 Section 18E - Contents of credit information
files PROVIDES
DETERMINE IF the information recorder has breached section 18E(1)
DETERMINE IF the information recorder has breached section 18E(2)
DETERMINE IF the information recorder has breached section 18E(7)
DETERMINE IF the information provider has breached section 18E(8)
RULE Privacy Act 1988 Section 18E(1) PROVIDES
<> has breached section 18E(1) ONLY IF
<> is a credit reporting agency AND
the credit reporting agency has included information in a credit
information file AND
the credit information file contains personal information relating
to the individual concerned AND
the credit information file contains information that is not
information of a type described in section 18E(1)(a) to (d)
RULE Privacy Act 1988 Section 18E(1) - exceptions PROVIDES
<> contains information that is not information of a type described in
section 18E(1)(a) to (d) ONLY IF
<> contains information that is information of a type described in
section 18E(1)(a) AND/OR/WITH
<> contains information that is information of a type described in
section 18E(1)(b) AND/OR/WITH
<> contains information that is information of a type described in
section 18E(1)(c) AND/OR/WITH
<> contains information that is information of a type described in
section 18E(1)(d) AND
<> contains information of another type
RULE Privacy Act 1988 Section 18E(1) - link to other sections PROVIDES
<> is information of a kind referred to in subsection 18E(1) ONLY IF
<> does not contain information that is not information of a type
described in section 18E(1)(a) to (d)
RULE Privacy Act 1988 Section 18E(1)(a) PROVIDES
<> contains information that is information of a type described in
section 18E(1)(a) ONLY IF
<> contains information that is included in order to identify the
individual concerned AND
<> contains information the inclusion of which is reasonably
necessary, under section 18E(3), in order to identify the individual
concerned
RULE Privacy Act 1988 Section 18E(1)(a) - link to other sections PROVIDES
<> is information of a kind referred to in paragraph 18E(1)(a) ONLY IF
<> contains information that is information of a type described in
section 18E(1)(a)
RULE Privacy Act 1988 Section 18E(1)(b) PROVIDES
<> contains information that is information of a type described in
section 18E(1)(b) ONLY IF
<> contains a record of a type described in paragraph 18E(1)(b)(i)
OR
<> contains a record of a type described in paragraph 18E(1)(b)(ii)
OR
<> contains a record of a type described in paragraph 18E(1)(b)(iii)
OR
<> contains a record of a type described in paragraph 18E(1)(b)(iv)
OR
<> contains a record of a type described in paragraph 18E(1)(b)(v)
OR
<> contains a record of a type described in paragraph 18E(1)(b)(vi)
OR
<> contains a record of a type described in paragraph 18E(1)(b)(vii)
OR
<> contains a record of a type described in paragraph
18E(1)(b)(viii) OR
<> contains a record of a type described in paragraph 18E(1)(b)(ix)
OR
<> contains a record of a type described in paragraph 18E(1)(b)(x)
RULE Privacy Act 1988 Section 18E(1)(b)(i) PROVIDES
<> contains a record of a type described in paragraph 18E(1)(b)(i) ONLY
IF
<> contains a record of a credit provider having sought a credit
report AND
the credit provider sought the credit report in connection with an
application for credit or commercial credit made by the individual
concerned to the credit provider AND
<> contains a record of the amount of credit or commercial credit
sought in the application
RULE Privacy Act 1988 Section 18E(1)(b)(ii) PROVIDES
<> contains a record of a type described in paragraph 18E(1)(b)(ii) ONLY
IF
<> contains a record of a mortgage insurer having sought a credit
report AND
the mortgage insurer sought the credit report in connection with the
provision insurance to a credit provider AND
the mortgage insurer sought the credit report in respect of mortgage
credit given by the credit provider to the individual concerned
RULE Privacy Act 1988 Section 18E(1)(b)(iii) PROVIDES
<> contains a record of a type described in paragraph 18E(1)(b)(iii)
ONLY IF
<> contains a record of a trade insurer having sought a credit
report AND
the trade insurer sought the credit report in connection with the
provision insurance to a credit provider AND
the trade insurer sought the credit report in respect of commercial
credit given by the credit provider to the individual concerned or
another person
RULE Privacy Act 1988 Section 18E(1)(b)(iv) PROVIDES
<> contains a record of a type described in paragraph 18E(1)(b)(iv) ONLY
IF
<> contains a record of a credit provider having sought a credit
report AND
the credit provider sought the credit report in connection with the
individual concerned having offered to act as a guarantor in respect
of a loan or an application for a loan
RULE Privacy Act 1988 Section 18E(1)(b)(v) PROVIDES
<> contains a record of a type described in paragraph 18E(1)(b)(v) ONLY
IF
<> contains a record of a credit provider being a current credit
provider in relation to the individual concerned
RULE Privacy Act 1988 Section 18E(1)(b)(vi) PROVIDES
<> contains a record of a type described in paragraph 18E(1)(b)(vi) ONLY
IF
<> contains a record of credit provided by a credit provider to the
individual concerned AND
the credit provided to the individual concerned is credit which the
individual concerned is at least 60 days overdue in making a
payment, including a payment that is wholly or partly a payment of
interest AND
the credit provider has taken steps to recover the whole or any part
of the amount of credit (including any amounts of interest)
outstanding
RULE Privacy Act 1988 Section 18E(1)(b)(vi) - link to other sections
PROVIDES
<> is information of a kind referred to in subparagraph 18E(1)(b)(vi)
ONLY IF
<> contains information of a type described in paragraph
18E(1)(b)(vi)
RULE Privacy Act 1988 Section 18E(1)(b)(vii) PROVIDES
<> contains a record of a type described in paragraph 18E(1)(b)(vii)
ONLY IF
<> contains a record of a cheque for an amount not less than $100
that has been drawn by the individual concerned AND
the cheque drawn by the individual concerned has been presented and
dishonoured twice
RULE Privacy Act 1988 Section 18E(1)(b)(viii) PROVIDES
<> contains a record of a type described in paragraph 18E(1)(b)(viii)
ONLY IF
<> contains a record of court judgments made against the individual
concerned
RULE Privacy Act 1988 Section 18E(1)(b)(ix) PROVIDES
<> contains a record of a type described in paragraph 18E(1)(b)(ix) ONLY
IF
<> contains a record of bankruptcy orders made against the
individual concerned
RULE Privacy Act 1988 Section 18E(1)(b)(x) PROVIDES
<> contains a record of a type described in paragraph 18E(1)(b)(x) ONLY
IF
<> contains a record of the opinion of a credit provider that the
individual has committed a serious credit infringement AND
<> contains a statement of the circumstances in which the credit
provider believes that the individual concerned has committed a
serious credit infringement
RULE Privacy Act 1988 Section 18E(1)(c) PROVIDES
<> contains information that is information of a type described in
section 18E(1)(c) ONLY IF
<> contains a statement provided by the individual concerned under
subsection 18J(2) for inclusion in the file
RULE Privacy Act 1988 Section 18E(1)(d) PROVIDES
<> contains information that is information of a type described in
section 18E(1)(d) ONLY IF
<> contains a note included in the file under subsection 18F(4) or
18K(5)
RULE Privacy Act 1988 Section 18E(2) PROVIDES
<> has breached section 18E(2) ONLY IF
<> is a credit reporting agency AND
the credit reporting agency has included information in a credit
information file AND
the credit information file contains personal information relating
to the individual concerned AND
the credit information file contains information of a type
prohibited in section 18E(2)(a) to (f)
RULE Privacy Act 1988 Section 18E(2) - prohibited information PROVIDES
the credit information file contains information of a type prohibited in
section 18E(2)(a) to (f) ONLY IF
the credit information file contains information of a type
prohibited in section 18E(2)(a) OR
the credit information file contains information of a type
prohibited in section 18E(2)(b) OR
the credit information file contains information of a type
prohibited in section 18E(2)(c) OR
the credit information file contains information of a type
prohibited in section 18E(2)(d) OR
the credit information file contains information of a type
prohibited in section 18E(2)(e) OR
the credit information file contains information of a type
prohibited in section 18E(2)(f)
RULE Privacy Act 1988 Section 18E(2)(a) PROVIDES
the credit information file contains information of a type prohibited in
section 18E(2)(a) ONLY IF
the credit information file contains information regarding the
political, social or religious beliefs of the individual concerned
RULE Privacy Act 1988 Section 18E(2)(b) PROVIDES
the credit information file contains information of a type prohibited in
section 18E(2)(b) ONLY IF
the credit information file contains information regarding the
criminal record of the individual concerned
RULE Privacy Act 1988 Section 18E(2)(c) PROVIDES
the credit information file contains information of a type prohibited in
section 18E(2)(c) ONLY IF
the credit information file contains information regarding the
medical history or physical handicaps of the individual concerned
RULE Privacy Act 1988 Section 18E(2)(d) PROVIDES
the credit information file contains information of a type prohibited in
section 18E(2)(d) ONLY IF
the credit information file contains information regarding the race,
ethnic origins or national origins of the individual concerned
RULE Privacy Act 1988 Section 18E(2)(e) PROVIDES
the credit information file contains information of a type prohibited in
section 18E(2)(e) ONLY IF
the credit information file contains information regarding the
sexual preferences or practices of the individual concerned
RULE Privacy Act 1988 Section 18E(2)(f) PROVIDES
the credit information file contains information of a type prohibited in
section 18E(2)(f) ONLY IF
the credit information file contains information regarding the
lifestyle, character or reputation of the individual concerned
RULE Privacy Act 1988 Section 18E(3) and (4) PROVIDES
<> contains information the inclusion of which is reasonably necessary,
under section 18E(3), in order to identify the individual concerned ONLY
IF
<> contains information that is of a type specified by the Privacy
Commissioner in a determination made under section 18E(3) AND
<> satisfies section 18E(4)
RULE Privacy Act 1988 Section 18E(3) - Commissioner's Determination PROVIDES
<> contains information that is of a type specified by the Privacy
Commissioner in a determination made under section 18E(3) ONLY IF
<> contains the full name of the individual concerned OR/WITH
<> contains the sex of the individual concerned OR/WITH
<> contains the date of birth of the individual concerned OR/WITH
<> contains a maximum of three addresses consisting of a current or
last known address and two immediately previous addresses of the
individual concerned OR/WITH
<> contains the name of the current or last known employer of the
individual concerned OR/WITH
<> contains the driver's licence number of the individual concerned
RULE Privacy Act 1988 Section 18E(4) PROVIDES
<> satisfies section 18E(4) ONLY IF
<> does not contain identification information of another type
RULE Privacy Act 1988 Section 18E(7) PROVIDES
<> has breached section 18E(7) ONLY IF
<> is a credit reporting agency AND
the credit reporting agency has opened a credit information file in
relation to the individual concerned AND
the credit information file does not contain information that is
information of a type described in section 18E(1)(b)
RULE Privacy Act 1988 Section 18E(8) PROVIDES
the information provider has breached section 18E(8) ONLY IF
the information provider is a credit provider AND
the credit provider has given personal information relating to the
individual concerned to another person or organisation AND
the recipient of the report or information from a credit provider is
a credit reporting agency AND
section 18E(8)(a) applies AND/OR
section 18E(8)(b) applies AND/OR
section 18E(8)(c) applies
RULE Privacy Act 1988 Section 18E(8)(a) PROVIDES
section 18E(8)(a) applies ONLY IF
the credit reporting agency is prohibited, under section 18E(1),
from including the disclosed information in the individual
concerned's credit information file
RULE Privacy Act 1988 Section 18E(8)(a) paraphrase PROVIDES
the credit reporting agency is prohibited, under section 18E(1), from
including the disclosed information in the individual concerned's credit
information file ONLY IF
the disclosed information contains information that is not
information of a type described in section 18E(1)(a) to (d)
RULE Privacy Act 1988 Section 18E(8)(b) PROVIDES
section 18E(8)(b) applies ONLY IF
the credit provider haves reasonable grounds for do not believing
that the disclosed information is correct
RULE Privacy Act 1988 Section 18E(8)(c) PROVIDES
section 18E(8)(c) applies ONLY IF
the credit provider informed the individual concerned at the time
of, or before, acquiring the did not disclose information that the
disclosed information might be disclosed to a credit reporting
agency AND
section 18E(8)(c) applies according to section 18V(2)
GOAL RULE Privacy Act 1988 Section 18F - Deletion of information from files
PROVIDES
DETERMINE IF the information recorder has breached section 18F(1)
IF the information recorder is a credit reporting agency AND
the credit reporting agency has been given information that the
individual concerned is overdue in making a payment in respect of credit
provided by a credit provider THEN BEGIN
DETERMINE IF the credit provider has breached section 18F(3)
DETERMINE IF the credit provider has breached section 18F(4)
END
IF the information recorder is a credit reporting agency AND
the credit reporting agency maintains a credit information file relating
to the individual concerned AND
the credit information file contains a record of a type described in
paragraph 18E(1)(b)(v) AND
the credit provider ceases to be a current credit provider in relation
to the individual concerned THEN
DETERMINE IF the credit provider has breached section 18F(5)
RULE Privacy Act 1988 Section 18F(1) PROVIDES
the information recorder has breached section 18F(1) ONLY IF
the information recorder is a credit reporting agency AND
the credit reporting agency maintains a credit information file
relating to the individual concerned AND
the credit information file contains information that is information
of a type described in section 18E(1)(b) AND
the credit information file contains information which has been kept
for a period longer than 1 month after the end of the maximum
permissible period, determined under section 18F(2), for the keeping
of personal information of that kind AND
the credit reporting agency has not deleted the expired information
from the credit information file
RULE Privacy Act 1988 Section 18F(2) PROVIDES
the credit information file contains information which has been kept for
a period longer than 1 month after the end of the maximum permissible
period, determined under section 18F(2), for the keeping of personal
information of that kind ONLY IF
the credit information file contains information of a type described
in section 18F(2)(a) AND
the credit reporting agency has kept the information for a period
which is longer than 1 month after the end of the maximum
permissible period specified in section 18F(2)(a) OR
the credit information file contains information of a type described
in section 18F(2)(b) AND
the credit reporting agency has kept the information for a period
which is longer than 1 month after the end of the maximum
permissible period specified in section 18F(2)(b) OR
the credit information file contains information of a type described
in section 18F(2)(c) AND
the credit reporting agency has kept the information for a period
which is longer than 1 month after the end of the maximum
permissible period specified in section 18F(2)(c) OR
the credit information file contains information of a type described
in section 18F(2)(d) AND
the credit reporting agency has kept the information for a period
which is longer than 1 month after the end of the maximum
permissible period specified in section 18F(2)(d) OR
the credit information file contains information of a type described
in section 18F(2)(e) AND
the credit reporting agency has kept the information for a period
which is longer than 1 month after the end of the maximum
permissible period specified in section 18F(2)(e) OR
the credit information file contains information of a type described
in section 18F(2)(f) AND
the credit reporting agency has kept the information for a period
which is longer than 1 month after the end of the maximum
permissible period specified in section 18F(2)(f) OR
the credit information file contains information of a type described
in section 18F(2)(g) AND
the credit reporting agency has kept the information for a period
which is longer than 1 month after the end of the maximum
permissible period specified in section 18F(2)(g)
RULE Privacy Act 1988 Section 18F(2)(a) - type of information PROVIDES
the credit information file contains information of a type described in
section 18F(2)(a) ONLY IF
the credit information file contains a record of a type described in
paragraph 18E(1)(b)(i) OR
the credit information file contains a record of a type described in
paragraph 18E(1)(b)(ii) OR
the credit information file contains a record of a type described in
paragraph 18E(1)(b)(iii) OR
the credit information file contains a record of a type described in
paragraph 18E(1)(b)(iv)
RULE Privacy Act 1988 Section 18F(2)(a) - maximum permissible period
PROVIDES
the credit reporting agency has kept the information for a period which
is longer than 1 month after the end of the maximum permissible period
specified in section 18F(2)(a) ONLY IF
section 18V(3) applies to the record of a credit report being sought
AND
the credit reporting agency has kept the record of a credit report
being sought for longer than 1 month after a period of 5 years
commencing on 25 February 1992 OR
section 18V(3) does not apply to the record of a credit report being
sought AND
the credit reporting agency has kept the information for longer than
1 month after a period of 5 years commencing on the day on which the
credit report was sought
RULE Privacy Act 1988 Section 18F(2)(a) - max permissible period - post Act
PROVIDES
the credit reporting agency has kept the information for longer than 1
month after a period of 5 years commencing on the day on which the
credit report was sought ONLY IF
the most recent date on which the record of a credit report being
sought was still included IS GREATER THAN the date on which the
credit report was sought PLUS 5 YEARS PLUS 1 MONTHS
RULE Privacy Act 1988 Section 18F(2)(a) - max permissible period - pre Act
PROVIDES
the credit reporting agency has kept the record of a credit report being
sought for longer than 1 month after a period of 5 years commencing on
25 February 1992 ONLY IF
the most recent date on which the record of a credit report being
sought was still included IS GREATER THAN 25th March, 1997
RULE Privacy Act 1988 Section 18F(2)(b) - type of information PROVIDES
the credit information file contains information of a type described in
section 18F(2)(b) ONLY IF
the credit information file contains a record of a type described in
paragraph 18E(1)(b)(v)
RULE Privacy Act 1988 Section 18F(2)(b) - maximum permissible period
PROVIDES
the credit reporting agency has kept the information for a period which
is longer than 1 month after the end of the maximum permissible period
specified in section 18F(2)(b) ONLY IF
section 18V(3) applies to the current credit provider status
information AND
the credit reporting agency has kept the current credit provider
status information for longer than 1 month after a period of 14 days
commencing on 25 February 1992 OR
section 18V(3) does not apply to the current credit provider status
information AND
the credit reporting agency has kept the information longer than 1
month after a period of 14 days commencing on the day on which it
was notified that the credit provider is no longer a current credit
provider in relation to the individual concerned
RULE Privacy Act 1988 Section 18F(2)(b) - max permissible period - Post Act
PROVIDES
the credit reporting agency has kept the information longer than 1 month
after a period of 14 days commencing on the day on which it was notified
that the credit provider is no longer a current credit provider in
relation to the individual concerned ONLY IF
the credit reporting agency has been notified that the credit
provider is no longer a credit provider in relation to the
individual concerned AND
the most recent date on which the current credit provider status was
still included IS GREATER THAN the date on which the credit
reporting agency was notified that the credit provider is no longer
a credit provider in relation to the individual concerned PLUS 14
DAYS PLUS 1 MONTHS
RULE Privacy Act 1988 Section 18F(2)(b) - max permissible period - Pre Act
PROVIDES
the credit reporting agency has kept the current credit provider status
information for longer than 1 month after a period of 14 days commencing
on 25 February 1992 ONLY IF
the credit reporting agency has been notified that the credit
provider is no longer a credit provider in relation to the
individual concerned AND
the most recent date on which the current credit provider status was
still included IS GREATER THAN 10th April, 1992
RULE Privacy Act 1988 Section 18F(2)(c) - type of information PROVIDES
the credit information file contains information of a type described in
section 18F(2)(c) ONLY IF
the credit information file contains a record of a type described in
paragraph 18E(1)(b)(vi)
RULE Privacy Act 1988 Section 18F(2)(c) - maximum permissible period
PROVIDES
the credit reporting agency has kept the information for a period which
is longer than 1 month after the end of the maximum permissible period
specified in section 18F(2)(c) ONLY IF
section 18V(3) applies to the 60 day overdue credit information AND
the credit reporting agency has kept the 60 day overdue payment
information for longer than 1 month after a period of 5 years
commencing on 25 February 1992 OR
section 18V(3) does not apply to the 60 day overdue credit
information AND
the credit reporting agency has kept the 60 day overdue payment
information longer than 1 month after a period of 5 years commencing
on the day on which the credit reporting agency was informed of the
overdue payment
RULE Privacy Act 1988 Section 18F(2)(c) - max permissible period - Post Act
PROVIDES
the credit reporting agency has kept the information longer than 1 month
after a period of 5 years commencing on the day on which the credit
reporting agency was informed of the overdue payment ONLY IF
the most recent date on which the overdue payment information was
still included IS GREATER THAN the date of inclusion of the 60 day
overdue credit information PLUS 5 YEARS PLUS 1 MONTHS
RULE Privacy Act 1988 Section 18F(2)(c) - max permissible period - Pre Act
PROVIDES
the credit reporting agency has kept the 60 day overdue payment
information for longer than 1 month after a period of 5 years commencing
on 25 February 1992 ONLY IF
the most recent date on which the overdue payment information was
still included IS GREATER THAN 25th March, 1997
RULE Privacy Act 1988 Section 18F(2)(d) - type of information PROVIDES
the credit information file contains information of a type described in
section 18F(2)(d) ONLY IF
the credit information file contains a record of a type described in
paragraph 18E(1)(b)(vii)
RULE Privacy Act 1988 Section 18F(2)(d) - maximum permissible period
PROVIDES
the credit reporting agency has kept the information for a period which
is longer than 1 month after the end of the maximum permissible period
specified in section 18F(2)(d) ONLY IF
section 18V(3) applies to the dishonoured cheque information AND
the credit reporting agency has kept the dishonoured cheque
information for longer than 1 month after a period of 5 years
commencing on 25 February 1992 OR
section 18V(3) does not apply to the dishonoured cheque information
AND
the credit reporting agency has kept the information longer than 1
month after a period of 5 years commencing on the day on which the
second dishonouring of the cheque occurred
RULE Privacy Act 1988 Section 18F(2)(d) - max permissible period - Post Act
PROVIDES
the credit reporting agency has kept the information longer than 1 month
after a period of 5 years commencing on the day on which the second
dishonouring of the cheque occurred ONLY IF
the most recent date on which the dishonoured cheque information was
still included IS GREATER THAN the date on which the cheque was
dishonoured for the second time PLUS 5 YEARS PLUS 1 MONTHS
RULE Privacy Act 1988 Section 18F(2)(d) - max permissible period - Pre Act
PROVIDES
the credit reporting agency has kept the dishonoured cheque information
for longer than 1 month after a period of 5 years commencing on 25
February 1992 ONLY IF
the most recent date on which the dishonoured cheque information was
still included IS GREATER THAN 25th March, 1997
RULE Privacy Act 1988 Section 18F(2)(e) - type of information PROVIDES
the credit information file contains information of a type described in
section 18F(2)(e) ONLY IF
the credit information file contains a record of a type described in
paragraph 18E(1)(b)(viii)
RULE Privacy Act 1988 Section 18F(2)(e) - maximum permissible period
PROVIDES
the credit reporting agency has kept the information for a period which
is longer than 1 month after the end of the maximum permissible period
specified in section 18F(2)(e) ONLY IF
section 18V(3) applies to the court judgment information AND
the credit reporting agency has kept the court judgment information
for longer than 1 month after a period of 5 years commencing on 25
February 1992 OR
section 18V(3) does not apply to the court judgment information AND
the credit reporting agency has kept the information longer than 1
month after a period of 5 years commencing on the day on which the
court judgment concerned was made
RULE Privacy Act 1988 Section 18F(2)(e) - max permissible period - Post Act
PROVIDES
the credit reporting agency has kept the information longer than 1 month
after a period of 5 years commencing on the day on which the court
judgment concerned was made ONLY IF
the most recent date on which the court judgment information was
still included IS GREATER THAN the date on which the court judgment
was made PLUS 5 YEARS PLUS 1 MONTHS
RULE Privacy Act 1988 Section 18F(2)(e) - max permissible period - Pre Act
PROVIDES
the credit reporting agency has kept the court judgment information for
longer than 1 month after a period of 5 years commencing on 25 February
1992 ONLY IF
the most recent date on which the court judgment information was
still included IS GREATER THAN 25th March, 1997
RULE Privacy Act 1988 Section 18F(2)(f) - type of information PROVIDES
the credit information file contains information of a type described in
section 18F(2)(f) ONLY IF
the credit information file contains a record of a type described in
paragraph 18E(1)(b)(ix)
RULE Privacy Act 1988 Section 18F(2)(f) - maximum permissible period
PROVIDES
the credit reporting agency has kept the information for a period which
is longer than 1 month after the end of the maximum permissible period
specified in section 18F(2)(f) ONLY IF
section 18V(3) applies to the bankruptcy information AND
the credit reporting agency has kept the bankruptcy information for
longer than 1 month after a period of 7 years commencing on 25
February 1992 OR
section 18V(3) does not apply to the bankruptcy information AND
the credit reporting agency has kept the information longer than 1
month after a period of 7 years commencing on the day on which the
bankruptcy order concerned was made
RULE Privacy Act 1988 Section 18F(2)(f) - max permissible period - Post Act
PROVIDES
the credit reporting agency has kept the information longer than 1 month
after a period of 7 years commencing on the day on which the bankruptcy
order concerned was made ONLY IF
the most recent date on which the bankruptcy information was still
included IS GREATER THAN the date on which the bankruptcy order was
made PLUS 7 YEARS PLUS 1 MONTHS
RULE Privacy Act 1988 Section 18F(2)(f) - max permissible period - Pre Act
PROVIDES
the credit reporting agency has kept the bankruptcy information for
longer than 1 month after a period of 7 years commencing on 25 February
1992 ONLY IF
the most recent date on which the bankruptcy information was still
included IS GREATER THAN 25th March, 1999
RULE Privacy Act 1988 Section 18F(2)(g) - type of information PROVIDES
the credit information file contains information of a type described in
section 18F(2)(g) ONLY IF
the credit information file contains a record of a type described in
paragraph 18E(1)(b)(x)
RULE Privacy Act 1988 Section 18F(2)(g) - maximum permissible period
PROVIDES
the credit reporting agency has kept the information for a period which
is longer than 1 month after the end of the maximum permissible period
specified in section 18F(2)(g) ONLY IF
section 18V(3) applies to the serious credit infringement
information AND
the credit reporting agency has kept the serious credit infringement
information for longer than 1 month after a period of 7 years
commencing on 25 February 1992 OR
section 18V(3) does not apply to the serious credit infringement
information AND
the credit reporting agency has kept the information longer than 1
month after a period of 7 years commencing on the day on which the
information was included in the credit information file
RULE Privacy Act 1988 Section 18F(2)(g) - max permissible period - Post Act
PROVIDES
the credit reporting agency has kept the information longer than 1 month
after a period of 7 years commencing on the day on which the information
was included in the credit information file ONLY IF
the most recent date on which the serious credit infringement
information was still included IS GREATER THAN the date on which the
information was included in the credit information file PLUS 7 YEARS
PLUS 1 MONTHS
RULE Privacy Act 1988 Section 18F(2)(g) - max permissible period - Pre Act
PROVIDES
the credit reporting agency has kept the serious credit infringement
information for longer than 1 month after a period of 7 years commencing
on 25 February 1992 ONLY IF
the most recent date on which the serious credit infringement
information was still included IS GREATER THAN 25th March, 1999
RULE Privacy Act 1988 Section 18F(3) PROVIDES
IF the information recorder is a credit reporting agency AND
the credit reporting agency has been given information that the
individual concerned is overdue in making a payment in respect of credit
provided by a credit provider THEN
the credit provider has breached section 18F(3) ONLY IF
the individual concerned ceases to be overdue in making the
payment AND
the credit provider informed the credit reporting agency, as
soon as practicably, that the individual concerned has not
ceased to be overdue in making the payment OR
the individual concerned contends that the individual concerned
is not overdue in making the payment AND
the credit provider informed the credit reporting agency, as
soon as practicably, that the individual concerned does not
contend that the individual concerned is not overdue in making
the payment
RULE Privacy Act 1988 Section 18F(4) PROVIDES
the credit reporting agency has breached section 18F(4) ONLY IF
the credit provider did inform the credit reporting agency, as soon
as practicably, that the individual concerned has ceased to be
overdue in making the payment AND
the credit reporting agency has not included in the individual
concerned's credit information file a note to the effect that the
individual concerned has ceased to be overdue in making the payment
OR
the credit provider informed the credit reporting agency, as soon as
practicably, that the individual concerned does not contend that the
individual concerned is not overdue in making the payment AND
the credit reporting agency has not included in the individual
concerned's credit information file a note to the effect that the
individual concerned contends that the individual concerned is not
overdue in making the payment
RULE Privacy Act 1988 Section 18F(5) PROVIDES
IF the information recorder is a credit reporting agency AND
the credit reporting agency maintains a credit information file relating
to the individual concerned AND
the credit information file contains a record of a type described in
paragraph 18E(1)(b)(v) AND
the credit provider ceases to be a current credit provider in relation
to the individual concerned THEN
the credit provider has breached section 18F(5) ONLY IF
the credit provider notified the credit reporting agency, as
soon as practicably, that the credit provider has not ceased to
be a current credit provider in relation to the individual
concerned
GOAL RULE Privacy Act 1988 Section 18G - Accuracy and security of files and
reports PROVIDES
the information recorder has breached section 18G ONLY IF
the information recorder is a credit reporting agency AND
the credit reporting agency is in possession of a credit information
file relating to the individual concerned AND/OR
the credit reporting agency is in control of a credit information
file relating to the individual concerned AND/OR
the credit reporting agency is in possession of a credit report
relating to the individual concerned AND/OR
the credit reporting agency is in control of a credit report
relating to the individual concerned AND
the credit reporting agency has not complied with section 18G(a)
AND/OR
the credit reporting agency has not complied with section 18G(b)
AND/OR
the credit reporting agency has not complied with section 18G(c) OR
the information recorder is a credit provider AND
the credit provider is in possession of a credit report relating to
the individual concerned AND/OR
the credit provider is in control of a credit report relating to the
individual concerned AND
the credit provider has not complied with section 18G(a) AND/OR
the credit provider has not complied with section 18G(b) AND/OR
the credit provider has not complied with section 18G(c)
RULE Privacy Act 1988 Section 18G(a) PROVIDES
<> has complied with section 18G(a) ONLY IF
<> has taken reasonable steps to ensure that the personal
information contained in the file or report is accurate, up-to-
date, complete and not misleading
RULE Privacy Act 1988 Section 18G(b) PROVIDES
<> has complied with section 18G(b) ONLY IF
<> has ensured that the file or report is protected, by such
security safeguards as are reasonable in the circumstances, against
loss, against unauthorised access, use, modification or disclosure,
and against other misuse
RULE Privacy Act 1988 Section 18G(c) PROVIDES
<> has complied with section 18G(c) ONLY IF
it is necessary that the file or report be given to a person in
connection with the provision of a service to <> AND
<> has ensured that everything reasonably within its power is done
to prevent unauthorised use or disclosure of personal information
contained in the file or report
GOAL RULE Privacy Act 1988 Section 18H - Access to credit files and reports
PROVIDES
the information recorder has breached section 18H ONLY IF
the information recorder has breached section 18H(1) OR
the information recorder has breached section 18H(2)
RULE Privacy Act 1988 Section 18H(1) PROVIDES
the information recorder has breached section 18H(1) ONLY IF
the information recorder is a credit reporting agency AND
the credit reporting agency is in possession of a credit information
file relating to the individual concerned AND/OR
the credit reporting agency is in control of a credit information
file relating to the individual concerned AND
the credit reporting agency has not taken reasonable steps to ensure
that the individual concerned can obtain access to the individual
concerned's file AND/OR
the credit reporting agency has not taken reasonable steps to ensure
that a person mentioned in section 18H(3) can obtain access to the
individual concerned's file
RULE Privacy Act 1988 Section 18H(2) PROVIDES
the information recorder has breached section 18H(2) ONLY IF
the information recorder is a credit provider AND
the credit provider is in possession of a credit report relating to
the individual concerned AND/OR
the credit provider is in control of a credit report relating to the
individual concerned AND
the credit provider has not taken reasonable steps to ensure that
the individual concerned can obtain access to the report AND/OR
the credit provider has not taken reasonable steps to ensure that a
person mentioned in section 18H(3) can obtain access to the report
OR
the information recorder is a credit reporting agency AND
the credit reporting agency is in possession of a credit report
relating to the individual concerned AND/OR
the credit reporting agency is in control of a credit report
relating to the individual concerned AND
the credit reporting agency has not taken reasonable steps to ensure
that the individual concerned can obtain access to the report AND/OR
the credit reporting agency has not taken reasonable steps to ensure
that a person mentioned in section 18H(3) can obtain access to the
report
RULE Privacy Act 1988 Section 18H(3) - credit information files PROVIDES
the credit reporting agency has not taken reasonable steps to ensure
that a person mentioned in section 18H(3) can obtain access to the
individual concerned's file ONLY IF
a person other than the individual concerned sought access to the
individual concerned's credit information file AND
the other access seeker is a person who may potentially be allowed
access under section 18H(3) AND
the other access seeker has been authorised in writing by the
individual concerned to obtain access to the credit information file
in connection with an application, or a proposed application, by the
individual concerned for a loan AND/OR
the other access seeker has been authorised in writing by the
individual concerned to obtain access to the credit information file
in connection with the individual concerned having sought advice in
relation to a loan
RULE Privacy Act 1988 Section 18H(3) - credit reports PROVIDES
<> has not taken reasonable steps to ensure that a person mentioned in
section 18H(3) can obtain access to the report ONLY IF
a person other than the individual concerned sought access to the
credit report containing personal information about the individual
concerned AND
the other access seeker is a person who may potentially be allowed
access under section 18H(3) AND
the other access seeker has been authorised in writing by the
individual concerned to obtain access to the credit report in
connection with an application, or a proposed application, by the
individual concerned for a loan AND/OR
the other access seeker has been authorised in writing by the
individual concerned to obtain access to the credit report in
connection with the individual concerned having sought advice in
relation to a loan
RULE Privacy Act 1988 Section 18H(3) - eligible persons PROVIDES
the other access seeker is a person who may potentially be allowed
access under section 18H(3) ONLY IF
the other access seeker is not a credit provider AND
the other access seeker is not a mortgage insurer AND
the other access seeker is not a trade insurer
GOAL RULE Privacy Act 1988 Section 18J - Alteration of credit files and
reports PROVIDES
DETERMINE IF the information recorder has breached section 18J(1)
DETERMINE IF the information recorder has breached section 18J(2)
IF the information recorder is a credit provider AND
the credit provider is in possession of a credit report relating to the
individual concerned AND/OR
the credit provider is in control of a credit report relating to the
individual concerned AND
the individual concerned has requested the credit provider to make a
correction, deletion or addition to the personal information contained
in the credit report AND
the credit provider has not amended personal information contained in
the credit report by making a correction, deletion or addition in
accordance with the request AND
the individual concerned has requested the credit provider to include in
the credit report a statement provided by the individual concerned of
the correction, deletion or addition sought THEN
DETERMINE IF the credit provider may refer the statement to the
Commissioner
IF the information recorder is a credit reporting agency AND
the credit reporting agency is in possession of a credit information
file relating to the individual concerned AND/OR
the credit reporting agency is in control of a credit information file
relating to the individual concerned AND/OR
the credit reporting agency is in possession of a credit report relating
to the individual concerned AND/OR
the credit reporting agency is in control of a credit report relating to
the individual concerned AND
the individual concerned has requested the credit reporting agency to
make a correction, deletion or addition to the personal information
contained in the file or report AND
the credit reporting agency has not amended personal information
contained in the file or report by making a correction, deletion or
addition in accordance with the request AND
the individual concerned has requested the credit reporting agency to
include in the file or report a statement provided by the individual
concerned of the correction, deletion or addition sought THEN
DETERMINE IF the credit reporting agency may refer the statement to
the Commissioner
RULE Privacy Act 1988 Section 18J(1) PROVIDES
the information recorder has breached section 18J(1) ONLY IF
the information recorder is a credit reporting agency AND
the credit reporting agency is in possession of a credit information
file relating to the individual concerned AND/OR
the credit reporting agency is in control of a credit information
file relating to the individual concerned AND/OR
the credit reporting agency is in possession of a credit report
relating to the individual concerned AND/OR
the credit reporting agency is in control of a credit report
relating to the individual concerned AND
the credit reporting agency has not taken reasonable steps, by way
of making appropriate corrections, deletions and additions, to
ensure that the personal information contained in the file or report
is accurate, up-to-date, complete and not misleading OR
the information recorder is a credit provider AND
the credit provider is in possession of a credit report relating to
the individual concerned AND/OR
the credit provider is in control of a credit report relating to the
individual concerned AND
the credit provider has not taken reasonable steps, by way of making
appropriate corrections, deletions and additions, to ensure that the
personal information contained in the credit report is accurate,
up-to-date, complete and not misleading
RULE Privacy Act 1988 Section 18J(2) PROVIDES
the information recorder has breached section 18J(2) ONLY IF
the information recorder is a credit reporting agency AND
the credit reporting agency is in possession of a credit information
file relating to the individual concerned AND/OR
the credit reporting agency is in control of a credit information
file relating to the individual concerned AND/OR
the credit reporting agency is in possession of a credit report
relating to the individual concerned AND/OR
the credit reporting agency is in control of a credit report
relating to the individual concerned AND
the individual concerned has requested the credit reporting agency
to make a correction, deletion or addition to the personal
information contained in the file or report AND
the credit reporting agency has not amended personal information
contained in the file or report by making a correction, deletion or
addition in accordance with the request AND
the individual concerned has requested the credit reporting agency
to include in the file or report a statement provided by the
individual concerned of the correction, deletion or addition sought
AND
the credit reporting agency has not taken reasonable steps to
include the statement in the file or report within 30 days of being
requested to do so OR
the information recorder is a credit provider AND
the credit provider is in possession of a credit report relating to
the individual concerned AND/OR
the credit provider is in control of a credit report relating to the
individual concerned AND
the individual concerned has requested the credit provider to make a
correction, deletion or addition to the personal information
contained in the credit report AND
the credit provider has not amended personal information contained
in the credit report by making a correction, deletion or addition in
accordance with the request AND
the individual concerned has requested the credit provider to
include in the credit report a statement provided by the individual
concerned of the correction, deletion or addition sought AND
the credit provider has not taken reasonable steps to include the
statement in the credit report within 30 days of being requested to
do so
RULE Privacy Act 1988 Section 18J(3) - credit reporting agency PROVIDES
IF the information recorder is a credit reporting agency AND
the credit reporting agency is in possession of a credit information
file relating to the individual concerned AND/OR
the credit reporting agency is in control of a credit information file
relating to the individual concerned AND/OR
the credit reporting agency is in possession of a credit report relating
to the individual concerned AND/OR
the credit reporting agency is in control of a credit report relating to
the individual concerned AND
the individual concerned has requested the credit reporting agency to
make a correction, deletion or addition to the personal information
contained in the file or report AND
the credit reporting agency has not amended personal information
contained in the file or report by making a correction, deletion or
addition in accordance with the request AND
the individual concerned has requested the credit reporting agency to
include in the file or report a statement provided by the individual
concerned of the correction, deletion or addition sought THEN
the credit reporting agency may refer the statement to the
Commissioner ONLY IF
the credit reporting agency considers the statement to be of
undue length in the circumstances
RULE Privacy Act 1988 Section 18J(3) - credit provider PROVIDES
IF the information recorder is a credit provider AND
the credit provider is in possession of a credit report relating to the
individual concerned AND/OR
the credit provider is in control of a credit report relating to the
individual concerned AND
the individual concerned has requested the credit provider to make a
correction, deletion or addition to the personal information contained
in the credit report AND
the credit provider has not amended personal information contained in
the credit report by making a correction, deletion or addition in
accordance with the request AND
the individual concerned has requested the credit provider to include in
the credit report a statement provided by the individual concerned of
the correction, deletion or addition sought THEN
the credit provider may refer the statement to the Commissioner ONLY
IF
the credit provider considers the statement to be of undue
length in the circumstances
GOAL RULE Privacy Act 1988 Section 18K - Disclosure by credit reporting
agency PROVIDES
DETERMINE IF the information provider has breached section 18K(1)
DETERMINE IF the information provider has breached section 18K(2)
DETERMINE IF the information provider is guilty of an offence under
section 18K(4) punishable on conviction by a fine not exceeding $150000
IF the information provider is a credit reporting agency THEN
DETERMINE IF according to section 18K(5), the credit reporting
agency must include a note of the disclosure in the individual
concerned's credit information file
RULE Privacy Act 1988 Section 18K(1) PROVIDES
the information provider has breached section 18K(1) ONLY IF
the information provider is a credit reporting agency AND
the credit reporting agency is in possession of a credit information
file relating to the individual concerned AND/OR
the credit reporting agency is in control of a credit information
file relating to the individual concerned AND
the credit reporting agency has disclosed personal information about
the individual concerned to a person, body or agency (other than the
individual concerned) AND
the disclosed information is contained in a credit information file
relating to the individual concerned AND
one of the exceptions listed in section 18K(1)(a) to (n) does not
apply
RULE Privacy Act 1988 Section 18K(1) - exceptions PROVIDES
one of the exceptions listed in section 18K(1)(a) to (n) applies ONLY IF
section 18K(1)(a) applies OR
section 18K(1)(b) applies OR
section 18K(1)(c) applies OR
section 18K(1)(d) applies OR
section 18K(1)(e) applies OR
section 18K(1)(f) applies OR
section 18K(1)(g) applies OR
section 18K(1)(h) applies OR
section 18K(1)(j) applies OR
section 18K(1)(k) applies OR
section 18K(1)(m) applies OR
section 18K(1)(n) applies
RULE Privacy Act 1988 Section 18K(1)(a) PROVIDES
section 18K(1)(a) applies ONLY IF
the disclosed information is contained in a credit report AND
the recipient of personal information from a credit reporting agency
is a credit provider AND
the credit provider has requested the report for the purpose of
assessing an application for credit made by the individual concerned
to the credit provider AND
the information in the credit report satisfies section 18K(6)
RULE Privacy Act 1988 Section 18K(1)(b) PROVIDES
section 18K(1)(b) applies ONLY IF
the disclosed information is contained in a credit report AND
the recipient of personal information from a credit reporting agency
is a credit provider AND
the credit provider has requested the report for the purpose of
assessing an application for commercial credit made by the
individual concerned to the credit provider AND
the individual concerned has specifically agreed, in accordance with
section 18K(1A), to the report being given to the credit provider
for that purpose
RULE Privacy Act 1988 Section 18K(1)(c) PROVIDES
section 18K(1)(c) applies ONLY IF
the disclosed information is contained in a credit report AND
the recipient of personal information from a credit reporting agency
is a credit provider AND
the credit provider has requested the report for the purpose of
assessing whether to accept the individual concerned as a guarantor
in a situation described in subparagraph 18K(1)(c)(i) AND/OR
the credit provider has requested the report for the purpose of
assessing whether to accept the individual concerned as a guarantor
in a situation described in subparagraph 18K(1)(c)(ii) AND
the individual concerned has specifically agreed, in writing, to the
report being given to the credit provider for that purpose
RULE Privacy Act 1988 Section 18K(1)(c)(i) PROVIDES
the credit provider has requested the report for the purpose of
assessing whether to accept the individual concerned as a guarantor in a
situation described in subparagraph 18K(1)(c)(i) ONLY IF
the credit provider has requested the report for the purpose of
assessing whether to accept the individual concerned as a guarantor
in respect of a loan provided by the credit provider to another
person
RULE Privacy Act 1988 Section 18K(1)(c)(ii) PROVIDES
the credit provider has requested the report for the purpose of
assessing whether to accept the individual concerned as a guarantor in a
situation described in subparagraph 18K(1)(c)(ii) ONLY IF
the credit provider has requested the report for the purpose of
assessing whether to accept the individual concerned as a guarantor
in respect of a loan for which an application has been made by
another person to the credit provider
RULE Privacy Act 1988 Section 18K(1)(d) PROVIDES
section 18K(1)(d) applies ONLY IF
the disclosed information is contained in a credit report AND
the recipient of personal information from a credit reporting agency
is a mortgage insurer AND
the report was given to the mortgage insurer for the purpose
described in subparagraph 18K(1)(d)(i) AND/OR
the report was given to the mortgage insurer for the purpose
described in subparagraph 18K(1)(d)(ii)
RULE Privacy Act 1988 Section 18K(1)(d)(i) PROVIDES
the report was given to the mortgage insurer for the purpose described
in subparagraph 18K(1)(d)(i) ONLY IF
a person or organisation has given mortgage credit to the individual
concerned AND
the source of mortgage credit is a credit provider AND
the report was given to the mortgage insurer for the purpose of
assessing whether to provide insurance to, or the risk of providing
insurance to, the source of mortgage credit
RULE Privacy Act 1988 Section 18K(1)(d)(ii) PROVIDES
the report was given to the mortgage insurer for the purpose described
in subparagraph 18K(1)(d)(ii) ONLY IF
a person or organisation has given mortgage credit to the individual
concerned AND
the source of mortgage credit is a credit provider AND
the report was given to the mortgage insurer for the purpose of
assessing the risk of the individual concerned defaulting on
mortgage credit in respect of which the mortgage insurer has
provided insurance to the source of mortgage credit
RULE Privacy Act 1988 Section 18K(1)(e) PROVIDES
section 18K(1)(e) applies ONLY IF
the disclosed information is contained in a credit report AND
the recipient of personal information from a credit reporting agency
is a trade insurer AND
the report was given to the trade insurer for the purpose described
in subparagraph 18K(1)(e)(i) AND/OR
the report was given to the trade insurer for the purpose described
in subparagraph 18K(1)(e)(ii) AND
the individual concerned has specifically agreed, in writing, to the
report being given to the trade insurer for that purpose
RULE Privacy Act 1988 Section 18K(1)(e)(i) PROVIDES
the report was given to the trade insurer for the purpose described in
subparagraph 18K(1)(e)(i) ONLY IF
a person or organisation has given commercial credit to the
individual concerned AND
the source of commercial credit is a credit provider AND
the report was given to the trade insurer for the purpose of
assessing whether to provide insurance to, or the risk of providing
insurance to, the source of commercial credit
RULE Privacy Act 1988 Section 18K(1)(e)(ii) PROVIDES
the report was given to the trade insurer for the purpose described in
subparagraph 18K(1)(e)(ii) ONLY IF
a person or organisation has given commercial credit to the
individual concerned AND
the source of commercial credit is a credit provider AND
the report was given to the trade insurer for the purpose of
assessing the risk of the individual concerned defaulting on
mortgage credit in respect of which the trade insurer has provided
insurance to the source of commercial credit
RULE Privacy Act 1988 Section 18K(1)(f) PROVIDES
section 18K(1)(f) applies ONLY IF
the credit reporting agency has received information of a kind
referred to in subparagraph 18E(1)(b)(vi) at least 30 days before
the disclosure AND
the disclosed information is contained in a credit report AND
the recipient of personal information from a credit reporting agency
is a credit provider AND
the credit provider is referred to in the credit information file as
a credit provider who is a current credit provider in relation to
the individual concerned
RULE Heuristic - Privacy Act 1988 Section 18K(1)(f) - paraphrase PROVIDES
the credit reporting agency has received information of a kind referred
to in subparagraph 18E(1)(b)(vi) at least 30 days before the disclosure
ONLY IF
the individual concerned's credit information file contains a record
of the type described in paragraph 18E(1)(b)(vi) AND
the date of disclosure of the 60 day overdue credit information IS
GREATER THAN the date of inclusion of the 60 day overdue credit
information PLUS 30 DAYS
RULE Privacy Act 1988 Section 18K(1)(g) PROVIDES
section 18K(1)(g) applies ONLY IF
the disclosed information is contained in a credit report AND
the recipient of personal information from a credit reporting agency
is a credit provider AND
the credit provider requested the report for the purpose of the
collection of payments that are overdue in respect of credit
provided to the individual concerned by the credit provider
RULE Privacy Act 1988 Section 18K(1)(h) PROVIDES
section 18K(1)(h) applies ONLY IF
the disclosed information is contained in a credit report AND
the recipient of personal information from a credit reporting agency
is a credit provider AND
the credit provider requested the report for the purpose of the
collection of payments that are overdue in respect of commercial
credit provided to a person by the credit provider AND
the situation described in subparagraph 18K(1)(h)(i) applies AND/OR
the situation described in subparagraph 18K(1)(h)(ii) applies AND/OR
the situation described in subparagraph 18K(1)(h)(iii) applies
RULE Privacy Act 1988 Section 18K(1)(h)(i) PROVIDES
the situation described in subparagraph 18K(1)(h)(i) applies ONLY IF
the individual concerned has specifically agreed, in writing, to the
report being given to the credit provider for that purpose
RULE Privacy Act 1988 Section 18K(1)(h)(ii) PROVIDES
the situation described in subparagraph 18K(1)(h)(ii) applies ONLY IF
the individual concerned had specifically agreed, in writing, to a
credit report relating to the individual concerned being given to
the credit provider for the purpose of assessing an application by
another person for commercial credit
RULE Privacy Act 1988 Section 18K(1)(h)(iii) PROVIDES
the situation described in subparagraph 18K(1)(h)(iii) applies ONLY IF
the credit provider provided the commercial credit concerned before
the commencement of section 18K
RULE Privacy Act 1988 Section 18K(1)(j) PROVIDES
section 18K(1)(j) applies ONLY IF
the disclosed information is contained in a credit report AND
the recipient of personal information from a credit reporting agency
is a credit reporting agency
RULE Privacy Act 1988 Section 18K(1)(k) PROVIDES
section 18K(1)(k) applies ONLY IF
the disclosed information is contained in a record in which the only
personal information relating to individuals is publicly available
information
RULE Privacy Act 1988 Section 18K(1)(m) PROVIDES
section 18K(1)(m) applies ONLY IF
the disclosure is required or authorised by or under law
RULE Privacy Act 1988 Section 18K(1)(n) PROVIDES
section 18K(1)(n) applies ONLY IF
the credit reporting agency is satisfied that a credit provider or
law enforcement authority believes on reasonable grounds that the
individual concerned has committed a serious credit infringement AND
the recipient of personal information from a credit reporting agency
is a credit provider AND/OR
the recipient of personal information from a credit reporting agency
is a law enforcement authority
RULE Privacy Act 1988 Section 18K(1A) PROVIDES
the individual concerned has specifically agreed, in accordance with
section 18K(1A), to the report being given to the credit provider for
that purpose ONLY IF
the individual concerned has specifically agreed, in writing, to the
report being given to the credit provider for that purpose OR
the report was requested for the purpose of assessing an application
for commercial credit that was at first instance made orally AND
the application for commercial credit has not been made in writing
yet
RULE Privacy Act 1988 Section 18K(2) PROVIDES
the information provider has breached section 18K(2) ONLY IF
the information provider is a credit reporting agency AND
the credit reporting agency is in possession of a credit information
file relating to the individual concerned AND/OR
the credit reporting agency is in control of a credit information
file relating to the individual concerned AND
the credit reporting agency has disclosed personal information about
the individual concerned to a person, body or agency (other than the
individual concerned) AND
the disclosed information is contained in a credit information file
relating to the individual concerned AND/OR
the disclosed information is contained in a record containing
information derived from the individual concerned's credit
information file AND BEGIN
the individual concerned's credit information file contains
personal information that the credit reporting agency would be
prohibited from including in a credit information file under
section 18E AND
the disclosed information is not information the disclosure of
which is taken not to be in contravention of section 18K(2)
because of the application of section 18K(3) OR
the individual concerned's credit information file contains
personal information that the credit reporting agency would be
required to delete from such a file under section 18F
END
RULE Privacy Act 1988 Section 18K(3) PROVIDES
<> is information the disclosure of which is taken not to be in
contravention of section 18K(2) because of the application of section
18K(3) ONLY IF
the credit reporting agency included the prohibited information in
the individual concerned's credit information file before the
commencement of section 18K AND
<> is information of a kind that the Commissioner has determined to
be information that the credit reporting agency may disclose without
contravening section 18K(2)
RULE Privacy Act 1988 Section 18K(3) - Commissioner's Determinations
PROVIDES
<> is information of a kind that the Commissioner has determined to be
information that the credit reporting agency may disclose without
contravening section 18K(2) ONLY IF
the credit reporting agency is the Credit Reference Association of
Australia AND
<> is information of a kind that is specified in the Commissioner's
determination regarding the Credit Reference Association of
Australia OR
the credit reporting agency is the Tasmanian Collection Service AND
<> is information of a kind that is specified in the Commissioner's
determination regarding the Tasmanian Collection Service
RULE Privacy Act 1988 Section 18K(3) - Commissioner's Determination - TCS
PROVIDES
the disclosed information is information of a kind that is specified in
the Commissioner's determination regarding the Tasmanian Collection
Service ONLY IF
the disclosed information was included in the credit information
file before 24 September 1991 AND
the disclosed information is information which indicates that the
the individual concerned has defaulted in making a payment in
respect of commercial credit AND
the disclosure of prohibited information occurs later than five
years from the date on which the information was not first included
in the credit information file AND
the disclosure occurs while the determination is effective (between
25 February 1992 and 24 September 1996)
RULE Privacy Act 1988 Section 18K(3) - Commissioner's Determination - CRAA
PROVIDES
the disclosed information is information of a kind that is specified in
the Commissioner's determination regarding the Credit Reference
Association of Australia ONLY IF
the disclosed information was included in the credit information
file before 24 September 1991 AND
the disclosed information is information relating to enquiries or
overdue payments in a case where the credit reporting agency cannot
reasonably ascertain whether the supplier of information was a
credit provider at the time of supply of the information AND/OR
the disclosed information is information which indicates that the
the individual concerned has defaulted in making a payment in
respect of commercial credit AND
the disclosure of prohibited information occurs later than five
years from the date on which the information was not first included
in the credit information file AND
the disclosure occurs while the determination is effective (between
25 February 1992 and 24 September 1996)
RULE Privacy Act 1988 Section 18K(3) - Commissioner's Determinations - dates
of effect PROVIDES
the disclosure occurs while the determination is effective (between 25
February 1992 and 24 September 1996) ONLY IF
the date of disclosure of the prohibited information IS GREATEREQUAL
THAN 25th February, 1992 AND
the date of disclosure of the prohibited information IS LESS THAN
24th September, 1996
RULE Privacy Act 1988 Section 18K(3) - Commissioner's Determinations -
clause 2 PROVIDES
the disclosure of prohibited information occurs later than five years
from the date on which the information was not first included in the
credit information file ONLY IF
the date of disclosure of the prohibited information IS LESS THAN
the date of inclusion of the prohibited information PLUS 5 YEARS
RULE Privacy Act 1988 Section 18K(3) - Commissioner's Determination - TCS -
18L(5) use PROVIDES
the used information is information of a kind that is specified in the
Commissioner's determination regarding the Tasmanian Collection Service
ONLY IF
the used information was included in the credit information file
before 24 September 1991 AND
the used information is information which indicates that the the
individual concerned has defaulted in making a payment in respect of
commercial credit AND
the use of prohibited information does not occur later than five
years from the date on which the information was first included in
the credit information file AND
the use occurs while the determination is effective (between 25
February 1992 and 24 September 1996)
RULE Privacy Act 1988 Section 18K(3) - Commissioner's Determination - CRAA -
18L(5) use PROVIDES
the used information is information of a kind that is specified in the
Commissioner's determination regarding the Credit Reference Association
of Australia ONLY IF
the used information was included in the credit information file
before 24 September 1991 AND
the used information is information relating to enquiries or overdue
payments in a case where the credit reporting agency cannot
reasonably ascertain whether the supplier of information was a
credit provider at the time of supply of the information AND/OR
the used information is information which indicates that the the
individual concerned has defaulted in making a payment in respect of
commercial credit AND
the use of prohibited information does not occur later than five
years from the date on which the information was first included in
the credit information file AND
the use occurs while the determination is effective (between 25
February 1992 and 24 September 1996)
RULE Privacy Act 1988 Section 18K(3) - Commissioner's Determinations - dates
of effect - 18L(5) use PROVIDES
the use occurs while the determination is effective (between 25 February
1992 and 24 September 1996) ONLY IF
the date of use of the prohibited information IS GREATEREQUAL THAN
25th February, 1992 AND
the date of use of the prohibited information IS LESS THAN 24th
September, 1996
RULE Privacy Act 1988 Section 18K(3) - Commissioner's Determinations -
clause 2 - 18L(5) use PROVIDES
the use of prohibited information does not occur later than five years
from the date on which the information was first included in the credit
information file ONLY IF
the date of use of the prohibited information IS LESS THAN the date
of inclusion of the prohibited information PLUS 5 YEARS
RULE Privacy Act 1988 Section 18K(4) PROVIDES
the information provider is guilty of an offence under section 18K(4)
punishable on conviction by a fine not exceeding $150000 ONLY IF
the information provider has breached section 18K(1) AND
the information provider breached section 18K(1) knowingly or
recklessly OR
the information provider has breached section 18K(2) AND
the information provider breached section 18K(2) knowingly or
recklessly
RULE Privacy Act 1988 Section 18K(5) PROVIDES
IF the information provider is a credit reporting agency AND
the credit reporting agency has disclosed personal information about the
individual concerned to a person, body or agency (other than the
individual concerned) AND
the disclosed information is contained in a credit information file
relating to the individual concerned THEN
according to section 18K(5), the credit reporting agency must
include a note of the disclosure in the individual concerned's
credit information file
RULE Privacy Act 1988 Section 18K(6) PROVIDES
the information in the credit report satisfies section 18K(6) ONLY IF
the information in the credit report does not include information
relating to the individual concerned's commercial activities OR
the information in the credit report that relates to the individual
concerned's commercial activities is permitted under section 18E to
be included in the individual concerned's credit information file
GOAL RULE Privacy Act 1988 Section 18L - Use by credit providers PROVIDES
DETERMINE IF the information user has breached section 18L(1)
DETERMINE IF the information user is guilty of an offence against
section 18L punishable on conviction by a fine not exceeding $150000
DETERMINE IF the information user has breached section 18L(3)
DETERMINE IF the information user has breached section 18L(4)
RULE Privacy Act 1988 Section 18L(1) PROVIDES
the information user has breached section 18L(1) ONLY IF
the information user is a credit provider AND
the credit provider is in possession of a credit report AND/OR
the credit provider has been in possession of a credit report AND/OR
the credit provider is in control of a credit report AND/OR
the credit provider has been in control of a credit report AND
the credit provider has used the credit report or personal
information derived from the credit report AND
the credit provider has used the credit report or personal
information derived from the report for a purpose other than
assessing an application for credit made to the credit provider by
the individual concerned AND
one of the exceptions listed in section 18L(1)(a) to (f) does not
apply
RULE Privacy Act 1988 Section 18L(1) - exceptions PROVIDES
one of the exceptions listed in section 18L(1)(a) to (f) applies ONLY IF
section 18L(1)(a) applies OR
section 18L(1)(b) applies OR
section 18L(1)(ba) applies OR
section 18L(1)(c) applies OR
section 18L(1)(d) applies OR
section 18L(1)(e) applies OR
section 18L(1)(f) applies
RULE Privacy Act 1988 Section 18L(1)(a) PROVIDES
section 18L(1)(a) applies ONLY IF
the credit report was obtained under section 18K(1)(b) AND
the credit provider has used the used information for the purpose of
assessing an application for commercial credit made by the
individual concerned to the credit provider
RULE Privacy Act 1988 Section 18L(1)(a) paraphrase re s.18K(1)(b) PROVIDES
the credit report was obtained under section 18K(1)(b) ONLY IF
section 18K(1)(b) applies
RULE Privacy Act 1988 Section 18L(1)(b) PROVIDES
section 18L(1)(b) applies ONLY IF
the credit report was obtained under section 18K(1)(c) AND
the credit provider has used the used information for the purpose of
assessing whether to accept the individual concerned as a guarantor
in respect of a loan provided by the credit provider to another
person AND/OR
the credit provider has used the used information for the purpose of
assessing whether to accept the individual concerned as a guarantor
in respect of a loan for which an application has been made by
another person to the credit provider
RULE Privacy Act 1988 Section 18L(1)(b) paraphrase re s.18K(1)(c) PROVIDES
the credit report was obtained under section 18K(1)(c) ONLY IF
section 18K(1)(c) applies
RULE Privacy Act 1988 Section 18L(1)(ba) PROVIDES
section 18L(1)(ba) applies ONLY IF
the credit report was obtained under section 18K(1)(a), (b) or (c)
AND
the credit provider has used the used information for the internal
management purposes of the credit provider AND
the internal management purposes are purposes directly related to
the provision or management of loans by the credit provider
RULE Privacy Act 1988 Section 18L(1)(ba) paraphrase re s.18K(1)(a), (b) and
(c) PROVIDES
the credit report was obtained under section 18K(1)(a), (b) or (c) ONLY
IF
section 18K(1)(a) applies OR
section 18K(1)(b) applies OR
section 18K(1)(c) applies
RULE Privacy Act 1988 Section 18L(1)(c) PROVIDES
section 18L(1)(c) applies ONLY IF
the credit report was obtained under section 18K(1)(f) AND
the credit provider has used the used information for the purpose of
assisting the individual concerned to avoid defaulting on the
individual concerned's credit obligations
RULE Privacy Act 1988 Section 18L(1)(c) paraphrase re s.18K(1)(f) PROVIDES
the credit report was obtained under section 18K(1)(f) ONLY IF
section 18K(1)(f) applies
RULE Privacy Act 1988 Section 18L(1)(d) PROVIDES
section 18L(1)(d) applies ONLY IF
the credit provider has used the used information for the purpose of
the collection of payments that are overdue in respect of credit
provided to the individual concerned by the credit provider
RULE Privacy Act 1988 Section 18L(1)(e) PROVIDES
section 18L(1)(e) applies ONLY IF
the credit provider has used the used information for a purpose that
is required or authorised by or under law
RULE Privacy Act 1988 Section 18L(1)(f) PROVIDES
section 18L(1)(f) applies ONLY IF
the credit provider believes on reasonable grounds that the
individual concerned has committed a serious credit infringement AND
the used information is used in connection with the serious credit
infringement
RULE Privacy Act 1988 Section 18L(2) PROVIDES
the information user is guilty of an offence under section 18L(2)
punishable on conviction by a fine not exceeding $150000 ONLY IF
the information user has breached section 18L(1) AND
the information user breached section 18L(1) knowingly or recklessly
RULE Privacy Act 1988 Section 18L(3) PROVIDES
the information user has breached section 18L(3) ONLY IF
the information user is a credit provider AND
the credit provider is in possession of a credit report AND/OR
the credit provider has been in possession of a credit report AND/OR
the credit provider is in control of a credit report AND/OR
the credit provider has been in control of a credit report AND
the credit provider has used the credit report contrary to paragraph
18L(3)(a) AND/OR
the credit provider has used the credit report contrary to paragraph
18L(3)(b)
RULE Privacy Act 1988 Section 18L(3)(a) PROVIDES
the credit provider has used the credit report contrary to paragraph
18L(3)(a) ONLY IF
the credit provider has used the credit report AND
the used information is personal information AND
the used information is not information of a kind referred to in
subsection 18E(1) AND
the used information is not of a kind which is exempted under
section 18L(5)
RULE Privacy Act 1988 Section 18L(3)(b) PROVIDES
the credit provider has used the credit report contrary to paragraph
18L(3)(b) ONLY IF
the credit provider has used personal information derived from the
credit report AND
the used information is not information of a kind referred to in
subsection 18E(1) AND
the used information is not of a kind which is exempted under
section 18L(5)
RULE Privacy Act 1988 Section 18L(4) PROVIDES
the information user has breached section 18L(4) ONLY IF
the information user is a credit provider AND
the credit provider has received a credit report for the purpose of
assessing an application for credit made to the credit provider by
the individual concerned AND
the credit provider has used information which concerns the
individual concerned's commercial activities or commercial credit
worthiness in assessing the application for credit AND
the used information was obtained from a person or body carrying on
a business or undertaking involving the provision of information
about the commercial credit worthiness of persons AND
the individual concerned has not specifically agreed, in accordance
with section 18L(4A), to the used information being obtained by the
credit provider for the purpose of assessing the individual
concerned's application for credit
RULE Privacy Act 1988 Section 18L(4A) PROVIDES
the individual concerned has specifically agreed, in accordance with
section 18L(4A), to the used information being obtained by the credit
provider for the purpose of assessing the individual concerned's
application for credit ONLY IF
the individual concerned has specifically agreed in writing to the
used information being obtained by the credit provider for the
purpose of assessing the individual concerned's application for
credit OR
the credit provider obtained the used information for the purpose of
assessing an application for credit by the individual concerned that
was at first instance made orally AND
the individual concerned's application for credit has not been made
in writing yet
RULE Privacy Act 1988 Section 18L(5) PROVIDES
the used information is of a kind which is exempted under section 18L(5)
ONLY IF
the used information is information the disclosure of which is taken
not to be in contravention of section 18K(2) because of the
application of section 18K(3)
GOAL RULE Privacy Act 1988 Section 18N - Disclosure by credit provider
PROVIDES
DETERMINE IF the information provider has breached section 18N(1)
DETERMINE IF the information provider is guilty of an offence under
section 18N(2) punishable on conviction by a fine not exceeding $150000
DETERMINE IF the information provider has breached section 18N(3)
RULE Privacy Act 1988 Section 18N(1) PROVIDES
the information provider has breached section 18N(1) ONLY IF
the information provider is a credit provider AND
the credit provider is in possession of a report AND/OR
the credit provider has been in possession of a report AND/OR
the credit provider is in control of a report AND/OR
the credit provider has been in control of a report AND
the credit provider has disclosed the report or personal information
derived from the report to another person AND
the purpose of the disclosure does not fall into one of the
categories listed in section 18N(1)(a) to (h)
RULE Privacy Act 1988 Section 18N(1) - exceptions PROVIDES
the purpose of the disclosure falls into one of the categories listed in
section 18N(1)(a) to (h) ONLY IF
section 18N(1)(a) applies OR
section 18N(1)(b) applies OR
section 18N(1)(ba) applies OR
section 18N(1)(bb) applies OR
section 18N(1)(bc) applies OR
section 18N(1)(bd) applies OR
section 18N(1)(be) applies OR
section 18N(1)(bf) applies OR
section 18N(1)(bg) applies OR
section 18N(1)(c) applies OR
section 18N(1)(d) applies OR
section 18N(1)(e) applies OR
section 18N(1)(f) applies OR
section 18N(1)(g) applies OR
section 18N(1)(ga) applies OR
section 18N(1)(h) applies
RULE Privacy Act 1988 Section 18N(1)(a) PROVIDES
section 18N(1)(a) applies ONLY IF
the recipient of the report or information from a credit provider is
a credit reporting agency AND
the purpose of the disclosure to the credit reporting agency is
mentioned in subparagraph 18N(1)(a)(i) AND/OR
the purpose of the disclosure to the credit reporting agency is
mentioned in subparagraph 18N(1)(a)(ii)
RULE Privacy Act 1988 Section 18N(1)(a)(i) PROVIDES
the purpose of the disclosure to the credit reporting agency is
mentioned in subparagraph 18N(1)(a)(i) ONLY IF
the disclosure was made for the purpose of being used to create a
credit information file in relation to the individual concerned
RULE Privacy Act 1988 Section 18N(1)(a)(ii) PROVIDES
the purpose of the disclosure to the credit reporting agency is
mentioned in subparagraph 18N(1)(a)(ii) ONLY IF
the disclosure was made for the purpose of being used to include
information in a credit information file maintained by the credit
reporting agency in relation to the individual concerned
RULE Privacy Act 1988 Section 18N(1)(b) PROVIDES
section 18N(1)(b) applies ONLY IF
the recipient of the report or information from a credit provider is
another credit provider AND
the individual concerned has specifically agreed, in accordance with
section 18N(1A), to the disclosure to the recipient credit provider
for a particular purpose AND
the purpose of the disclosure to the recipient credit provider is
that to which the individual concerned has specifically agreed
RULE Privacy Act 1988 Section 18N(1)(ba) PROVIDES
section 18N(1)(ba) applies ONLY IF
the recipient of the report or information from a credit provider is
the guarantor of a loan provided by the credit provider to the
individual concerned AND
the disclosure to the loan guarantor was made for any purpose
related to the enforcement or proposed enforcement of the guarantee
RULE Privacy Act 1988 Section 18N(1)(bb) PROVIDES
section 18N(1)(bb) applies ONLY IF
the recipient of the report or information from a credit provider is
a mortgage insurer AND
the disclosure to the mortgage insurer was made for a purpose
mentioned in subparagraph 18N(1)(bb)(i) AND/OR
the disclosure to the mortgage insurer was made for a purpose
mentioned in subparagraph 18N(1)(bb)(ii) AND/OR
the disclosure to the mortgage insurer was made for a purpose
mentioned in subparagraph 18N(1)(bb)(iii)
RULE Privacy Act 1988 Section 18N(1)(bb)(i) PROVIDES
the disclosure to the mortgage insurer was made for a purpose mentioned
in subparagraph 18N(1)(bb)(i) ONLY IF
the disclosure to the mortgage insurer was made for the purpose of
assessing whether to provide insurance to, or the risk of providing
insurance to, the credit provider in respect of mortgage credit
given by the credit provider to the individual concerned OR
the disclosure to the mortgage insurer was made for the purpose of
assessing whether to provide insurance to, or the risk of providing
insurance to, the credit provider in respect of mortgage credit
applied for by the individual concerned to the credit provider
RULE Privacy Act 1988 Section 18N(1)(bb)(ii) PROVIDES
the disclosure to the mortgage insurer was made for a purpose mentioned
in subparagraph 18N(1)(bb)(ii) ONLY IF
the disclosure to the morgage insurer was made for the purpose of
assessing the risk of the individual concerned defaulting on
mortgage credit in respect of which the mortgage insurer has
provided insurance to the credit provider
RULE Privacy Act 1988 Section 18N(1)(bb)(iii) PROVIDES
the disclosure to the mortgage insurer was made for a purpose mentioned
in subparagraph 18N(1)(bb)(iii) ONLY IF
the disclosure to the mortgage insurer was made for any purpose
arising under a contract for mortgage insurance that has been
entered into between the credit provider and the mortgage insurer
RULE Privacy Act 1988 Section 18N(1)(bc) PROVIDES
section 18N(1)(bc) applies ONLY IF
the recipient of the report or information from a credit provider is
a person or body generally recognised as being a person appointed,
or body established, for the purpose of settling disputes between
credit providers and their customers AND
the disclosure to the dispute resolver was made for the purpose of
settling a dispute between the credit provider and the individual
concerned
RULE Privacy Act 1988 Section 18N(1)(bd) PROVIDES
section 18N(1)(bd) applies ONLY IF
the recipient of the report or information from a credit provider is
an authority of a State or Territory whose functions include giving
assistance (directly or indirectly) that facilitates the giving of
mortgage credit to individuals AND
the disclosure was made for the purpose of enabling the assisting
authority to determine the extent of assistance (if any) it will
give in relation to the giving of mortgage credit to the individual
concerned
RULE Privacy Act 1988 Section 18N(1)(be) PROVIDES
section 18N(1)(be) applies ONLY IF
the recipient of the report or information from a credit provider is
a person or body carrying on a business of supplying goods or
services AND
the merchant has supplied goods or services to the individual
concerned AND
the disclosure was made for the purpose of enabling the merchant to
decide whether to accept, as payment for the goods or services
supplied, payment by means of credit card or electronic transfer of
funds AND
the disclosed information is of a type mentioned in paragraph
18N(1)(be)(iii)
RULE Privacy Act 1988 Section 18N(1)(be)(iii) PROVIDES
the disclosed information is of a type mentioned in paragraph
18N(1)(be)(iii) ONLY IF
the disclosed information is of a type mentioned in paragraph
18N(1)(be)(iii)(A) AND/OR/WITH
the disclosed information is of a type mentioned in paragraph
18N(1)(be)(iii)(B) AND
the disclosed information is not of some other kind
RULE Privacy Act 1988 Section 18N(1)(be)(iii)(A) PROVIDES
the disclosed information is of a type mentioned in paragraph
18N(1)(be)(iii)(A) ONLY IF
the disclosed information is information of a kind referred to in
paragraph 18E(1)(a)
RULE Privacy Act 1988 Section 18N(1)(be)(iii)(B) PROVIDES
the disclosed information is of a type mentioned in paragraph
18N(1)(be)(iii)(B) ONLY IF
the disclosed information is information as to whether the
individual concerned has a line of credit with the credit provider,
or funds deposited with the credit provider, sufficient to meet the
payment concerned
RULE Privacy Act 1988 Section 18N(1)(bf) PROVIDES
section 18N(1)(bf) applies ONLY IF
the recipient of the report or information from a credit provider is
a person or body that is considering taking an assignment of, or
discharging on the individual concerned's behalf, a debt owed by the
individual concerned to the credit provider AND
the disclosed information is of a type mentioned in paragraph
18N(1)(bf)(ii)
RULE Privacy Act 1988 Section 18N(1)(bf)(ii) PROVIDES
the disclosed information is of a type mentioned in paragraph
18N(1)(bf)(ii) ONLY IF
the disclosed information is of a type mentioned in paragraph
18N(1)(bf)(ii)(A) AND/OR/WITH
the disclosed information is of a type mentioned in paragraph
18N(1)(bf)(ii)(B) AND
the disclosed information is not of some other kind
RULE Privacy Act 1988 Section 18N(1)(bf)(ii)(A) PROVIDES
the disclosed information is of a type mentioned in paragraph
18N(1)(bf)(ii)(A) ONLY IF
the disclosed information is information of a kind referred to in
paragraph 18E(1)(a)
RULE Privacy Act 1988 Section 18N(1)(bf)(ii)(B) PROVIDES
the disclosed information is of a type mentioned in paragraph
18N(1)(bf)(ii)(B) ONLY IF
the disclosed information is information as to the amount of the
debt, or the amount required to be paid in order to discharge the
debt
RULE Privacy Act 1988 Section 18N(1)(bg) PROVIDES
section 18N(1)(bg) applies ONLY IF
the report or information is disclosed in connection with an
application for mortgage credit by the individual concerned AND
the credit provider proposes that the mortgage credit will be funded
by means of an arrangement involving mortgage securitisation AND
the recipient of the report or information from a credit provider is
a person or body that carries on a business that is involved in the
funding of mortgage credit by means of arrangements involving
mortgage securitisation AND
the disclosure was made for the purpose of enabling the recipient to
perform a task that is necessary in the funding of the mortgage
credit concerned by means of the mortgage securitisation arrangement
AND
the individual concerned has specifically agreed, in accordance with
section 18N(1B), to the disclosure of the report or information to
any such person or body for that purpose
RULE Privacy Act 1988 Section 18N(1)(c) PROVIDES
section 18N(1)(c) applies ONLY IF
the report or information disclosed is not a credit report AND
the recipient of the report or information from a credit provider is
a person or body carrying on a business or undertaking that involves
the collection of debts on behalf of others AND
the disclosure was made for the purpose of the collection of
payments that are overdue in respect of credit provided to the
individual concerned by the credit provider AND
the disclosed information is of a type mentioned in paragraph
18N(1)(c)(iii)
RULE Privacy Act 1988 Section 18N(1)(c)(iii) PROVIDES
the disclosed information is of a type mentioned in paragraph
18N(1)(c)(iii) ONLY IF
the disclosed information is of a type mentioned in paragraph
18N(1)(c)(iii)(A) AND/OR/WITH
the disclosed information is of a type mentioned in paragraph
18N(1)(c)(iii)(B) AND
the disclosed information is not of some other kind
RULE Privacy Act 1988 Section 18N(1)(c)(iii)(A) PROVIDES
the disclosed information is of a type mentioned in paragraph
18N(1)(c)(iii)(A) ONLY IF
the disclosed information is information of a kind referred to in
paragraph 18E(1)(a)
RULE Privacy Act 1988 Section 18N(1)(c)(iii)(B) PROVIDES
the disclosed information is of a type mentioned in paragraph
18N(1)(c)(iii)(B) ONLY IF
the disclosed information is information of a kind referred to in
subparagraph 18E(1)(b)(vi) AND
the disclosed information is not information that relates to an
overdue payment in respect of which a note to the effect that the
individual concerned is no longer overdue has been included in the
credit information file from which the credit report was prepared
RULE Privacy Act 1988 Section 18N(1)(d) PROVIDES
section 18N(1)(d) applies ONLY IF
the credit provider is a corporation AND
the recipient of the report or information from a credit provider is
a corporation that is related to the credit provider
RULE Privacy Act 1988 Section 18N(1)(e) PROVIDES
section 18N(1)(e) applies ONLY IF
the recipient of the report or information from a credit provider is
a corporation AND/OR
the recipient of the report or information from a credit provider is
a professional legal adviser or a professional financial adviser of
a corporation AND
the recipient corporation or adviser proposes to use the disclosed
information in the situation described in paragraph 18N(1)(e)(i)
AND/OR
the recipient corporation or adviser proposes to use the disclosed
information in the situation described in paragraph 18N(1)(e)(ii)
RULE Privacy Act 1988 Section 18N(1)(e)(i) PROVIDES
the recipient corporation or adviser proposes to use the disclosed
information in the situation described in paragraph 18N(1)(e)(i) ONLY IF
the recipient corporation or adviser proposes to use the disclosed
information in the process of considering whether to accept an
assignment of a debt owed to the credit provider OR
the recipient corporation or adviser proposes to use the disclosed
information in the process of considering whether to accept a debt
owed to the credit provider as security for a loan to the credit
provider OR
the recipient corporation or adviser proposes to use the disclosed
information in the process of considering whether to purchase an
interest in the credit provider OR
the credit provider is a corporation AND
the recipient corporation or adviser proposes to use the disclosed
information in the process of considering whether to purchase an
interest in a corporation that is related to the credit provider
RULE Privacy Act 1988 Section 18N(1)(e)(ii) PROVIDES
the recipient corporation or adviser proposes to use the disclosed
information in the situation described in paragraph 18N(1)(e)(ii) ONLY
IF
the recipient corporation or adviser proposes to use the disclosed
information in connection with exercising rights arising from any
acceptance of an assignment of a debt owed to the credit provider OR
the recipient corporation or adviser proposes to use the disclosed
information in connection with exercising rights arising from any
acceptance of a debt owed to the credit provider as security for a
loan to the credit provider OR
the recipient corporation or adviser proposes to use the disclosed
information in connection with exercising rights arising from any
purchase of an interest in the credit provider OR
the credit provider is a corporation AND
the recipient corporation or adviser proposes to use the disclosed
information in connection with exercising rights arising from any
purchase of an interest in a corporation that is related to the
credit provider
RULE Privacy Act 1988 Section 18N(1)(f) PROVIDES
section 18N(1)(f) applies ONLY IF
the recipient of the report or information from a credit provider is
a person who manages loans made by the credit provider AND
the report or information was disclosed for use in managing those
loans
RULE Privacy Act 1988 Section 18N(1)(g) PROVIDES
section 18N(1)(g) applies ONLY IF
the disclosure of the disclosed information for the particular
purpose is required or authorised under law
RULE Privacy Act 1988 Section 18N(1)(ga) PROVIDES
section 18N(1)(ga) applies ONLY IF
the recipient of the report or information from a credit provider is
the individual concerned OR
the recipient of the report or information from a credit provider is
a person authorised, in writing, by the individual concerned to seek
access to the report or information AND
the recipient of the report or information from a credit provider is
not a credit provider AND
the recipient of the report or information from a credit provider is
not a mortgage insurer AND
the recipient of the report or information from a credit provider is
not a trade insurer
RULE Privacy Act 1988 Section 18N(1)(h) PROVIDES
section 18N(1)(h) applies ONLY IF
the credit provider believes on reasonable grounds that the
individual concerned has committed a serious credit infringement AND
the recipient of the report or information from a credit provider is
another credit provider AND/OR
the recipient of the report or information from a credit provider is
a law enforcement authority
RULE Privacy Act 1988 Section 18N(1A) PROVIDES
the individual concerned has specifically agreed, in accordance with
section 18N(1A), to the disclosure to the recipient credit provider for
a particular purpose ONLY IF
the individual concerned has specifically agreed, in writing, to the
report being given to the recipient credit provider for a particular
purpose OR
the disclosure was sought for the purpose of assessing an
application for credit or commercial credit that was at first
instance made orally AND
the application for credit or commercial credit has not been made in
writing yet
RULE Privacy Act 1988 Section 18N(1B) PROVIDES
the individual concerned has specifically agreed, in accordance with
section 18N(1B), to the disclosure of the report or information to any
such person or body for that purpose ONLY IF
the individual concerned has specifically agreed, in writing, to the
disclosure of the report or information to any such person or body
for that purpose OR
the disclosure was sought for the purpose of enabling a person or
body to perform a task that is necessary in order to fund, by means
of a mortgage securitisation arrangement, mortgage credit for which
an application has initially been made orally AND
the application for mortgage credit has not been made in writing yet
RULE Privacy Act 1988 Section 18N(2) PROVIDES
the information provider is guilty of an offence under section 18N(2)
punishable on conviction by a fine not exceeding $150000 ONLY IF
the information provider has breached section 18N(1) AND
the information provider breached section 18N(1) knowingly or
recklessly
RULE Privacy Act 1988 Section 18N(3) PROVIDES
the information provider has breached section 18N(3) ONLY IF
the information provider is a credit provider AND
the information provider is in possession of a credit report AND/OR
the information provider is in possession of a report containing
personal information derived from a credit report AND/OR
the information provider has been in possession of a credit report
AND/OR
the information provider has been in possession of a report
containing personal information derived from a credit report AND/OR
the information provider is in control of a credit report AND/OR
the information provider is in control of a report containing
personal information derived from a credit report AND/OR
the information provider has been in control of a credit report
AND/OR
the information provider has been in control of a report containing
personal information derived from a credit report AND
the credit provider has made a disclosure contrary to paragraph
18N(3)(a) AND/OR
the credit provider has made a disclosure contrary to paragraph
18N(3)(b)
RULE Privacy Act 1988 Section 18N(3)(a) PROVIDES
the credit provider has made a disclosure contrary to paragraph
18N(3)(a) ONLY IF
the credit provider has disclosed the report to another person AND
the report contains information which is not information of a kind
referred to in section 18E(1) AND
the disclosed information is not of a kind which is exempted under
section 18N(4) AND
the credit provider has not deleted from the report the prohibited
information
RULE Privacy Act 1988 Section 18N(3)(b) PROVIDES
the credit provider has made a disclosure contrary to paragraph
18N(3)(b) ONLY IF
the credit provider has disclosed personal information derived from
the report to another person AND
the disclosed information is not information of a kind referred to
in subsection 18E(1) AND
the disclosed information is not of a kind which is exempted under
section 18N(4)
RULE Privacy Act 1988 Section 18N(4) PROVIDES
the disclosed information is of a kind which is exempted under section
18N(4) ONLY IF
the disclosed information is information the disclosure of which is
taken not to be in contravention of section 18K(2) because of the
application of section 18K(3)
RULE Privacy Act 1988 Section 18V(2) PROVIDES
section 18E(8)(c) applies according to section 18V(2) ONLY IF
the credit provider acquired the disclosed information on or after
25 February 1992
RULE Privacy Act 1988 Section 18V(3) and section 18F(2) PROVIDES
section 18V(3) applies to <> ONLY IF
the individual concerned's credit information file contained <>
immediately before 25 February 1992
DAEMON Heuristic - credit provider and another credit provider -
s.18N(1)(b)&(h) PROVIDES
IF the recipient of the report or information from a credit provider is
another credit provider THEN
the recipient of the report or information from a credit provider is
a credit provider
DAEMON Heuristic - credit provider, s.18L(1) and s.18K(1) PROVIDES
IF the information user is a credit provider AND
the credit provider has used the credit report or personal information
derived from the credit report THEN
the recipient of personal information from a credit reporting agency
is a credit provider
ASSERT the information is contained in a credit report
DAEMON Heuristic - credit provider, s.18L(1) and s.18K(1) (Name) PROVIDES
IF the information user is a credit provider AND
the credit provider has used the credit report or personal information
derived from the credit report THEN
the name of the recipient of personal information from a credit
reporting agency IS
the name of the information user
DAEMON Heuristic - credit provider, s.18L(1) and s.18K(1) (Natural Person)
PROVIDES
IF the information user is a credit provider AND
the credit provider has used the credit report or personal information
derived from the credit report THEN
the recipient of personal information from a credit reporting agency
is a natural person ONLY IF
the information user is a natural person
DAEMON Heuristic - credit provider, s.18L(1) and s.18K(1) (Sex) PROVIDES
IF the information user is a credit provider AND
the credit provider has used the credit report or personal information
derived from the credit report THEN
the sex of the recipient of personal information from a credit
reporting agency IS
the sex of the information user
RULE Heuristic - Privacy Act 1988 Section 18E(7) - open credit files
PROVIDES
IF the credit reporting agency has included information in a credit
information file AND
the credit information file contains personal information relating to
the individual concerned THEN
the credit reporting agency has opened a credit information file in
relation to the individual concerned
DAEMON Heuristic - credit reporting agency and s.18E (Name) PROVIDES
IF the information recorder is a credit reporting agency THEN
the name of the credit reporting agency IS
the name of the information recorder
DAEMON Heuristic - credit reporting agency and s.18E (Natural Person)
PROVIDES
IF the information recorder is a credit reporting agency THEN
the credit reporting agency is a natural person ONLY IF
the information recorder is a natural person
DAEMON Heuristic - credit reporting agency and s.18E (Sex) PROVIDES
IF the information recorder is a credit reporting agency AND
the information recorder is a natural person THEN
the sex of the credit reporting agency IS
the sex of the information recorder
DAEMON Heuristic - credit provider and s.18L(1) (Name) PROVIDES
IF the information user is a credit provider THEN
the name of the credit provider IS
the name of the information user
DAEMON Heuristic - credit provider and s.18L(1) (Natural Person) PROVIDES
IF the information user is a credit provider THEN
the credit provider is a natural person ONLY IF
the information user is a natural person
DAEMON Heuristic - credit provider and s.18L(1) (Sex) PROVIDES
IF the information user is a credit provider AND
the information user is a natural person THEN
the sex of the credit provider IS
the sex of the information user
DAEMON Heuristic - credit provider and s.18N(1) (Name) PROVIDES
IF the information provider is a credit provider THEN
the name of the credit provider IS
the name of the information provider
DAEMON Heuristic - credit provider and s.18N(1) (Natural Person) PROVIDES
IF the information provider is a credit provider THEN
the credit provider is a natural person ONLY IF
the information provider is a natural person
DAEMON Heuristic - credit provider and s.18N(1) (Sex) PROVIDES
IF the information provider is a credit provider AND
the information provider is a natural person THEN
the sex of the credit provider IS
the sex of the information provider
DAEMON Heuristic - credit reporting agency and s.18N(1) (Name) PROVIDES
IF the recipient of the report or information from a credit provider is
a credit reporting agency THEN
the name of the credit reporting agency IS
the name of the recipient of the report or information from a
credit provider
DAEMON Heuristic - credit reporting agency and s.18N(1) (Natural Person)
PROVIDES
IF the recipient of the report or information from a credit provider is
a credit reporting agency THEN
the credit reporting agency is a natural person ONLY IF
the recipient of the report or information from a credit
provider is a natural person
DAEMON Heuristic - credit reporting agency and s.18N(1) (Sex) PROVIDES
IF the recipient of the report or information from a credit provider is
a credit reporting agency AND
the recipient of the report or information from a credit provider is a
natural person THEN
the sex of the credit reporting agency IS
the sex of the recipient of the report or information from a
credit provider
DAEMON Heuristic - recipient credit provider and s.18N(1) (Name) PROVIDES
IF the recipient of the report or information from a credit provider is
a credit provider THEN
the name of the recipient credit provider IS
the name of the recipient of the report or information from a
credit provider
DAEMON Heuristic - recipient credit provider and s.18N(1) (Natural Person)
PROVIDES
IF the recipient of the report or information from a credit provider is
a credit provider THEN
the recipient credit provider is a natural person ONLY IF
the recipient of the report or information from a credit
provider is a natural person
DAEMON Heuristic - recipient credit provider and s.18N(1) (Sex) PROVIDES
IF the recipient of the report or information from a credit provider is
a credit provider AND
the recipient of the report or information from a credit provider is a
natural person THEN
the sex of the recipient credit provider IS
the sex of the recipient of the report or information from a
credit provider
DAEMON Heuristic - loan guarantor and s.18N(1) (Name) PROVIDES
IF the recipient of the report or information from a credit provider is
the guarantor of a loan provided by the credit provider to the
individual concerned THEN
the name of the loan guarantor IS
the name of the recipient of the report or information from a
credit provider
DAEMON Heuristic - loan guarantor and s.18N(1) (Natural Person) PROVIDES
IF the recipient of the report or information from a credit provider is
the guarantor of a loan provided by the credit provider to the
individual concerned THEN
the loan guarantor is a natural person ONLY IF
the recipient of the report or information from a credit
provider is a natural person
DAEMON Heuristic - loan guarantor and s.18N(1) (Sex) PROVIDES
IF the recipient of the report or information from a credit provider is
the guarantor of a loan provided by the credit provider to the
individual concerned AND
the recipient of the report or information from a credit provider is a
natural person THEN
the sex of the loan guarantor IS
the sex of the recipient of the report or information from a
credit provider
DAEMON Heuristic - mortgage insurer and s.18N(1) (Name) PROVIDES
IF the recipient of the report or information from a credit provider is
a mortgage insurer THEN
the name of the mortgage insurer IS
the name of the recipient of the report or information from a
credit provider
DAEMON Heuristic - mortgage insurer and s.18N(1) (Natural Person) PROVIDES
IF the recipient of the report or information from a credit provider is
a mortgage insurer THEN
the mortgage insurer is a natural person ONLY IF
the recipient of the report or information from a credit
provider is a natural person
DAEMON Heuristic - mortgage insurer and s.18N(1) (Sex) PROVIDES
IF the recipient of the report or information from a credit provider is
a mortgage insurer AND
the recipient of the report or information from a credit provider is a
natural person THEN
the sex of the mortgage insurer IS
the sex of the recipient of the report or information from a
credit provider
DAEMON Heuristic - dispute resolver and s.18N(1) (Name) PROVIDES
IF the recipient of the report or information from a credit provider is
a person or body generally recognised as being a person appointed, or
body established, for the purpose of settling disputes between credit
providers and their customers THEN
the name of the dispute resolver IS
the name of the recipient of the report or information from a
credit provider
DAEMON Heuristic - dispute resolver and s.18N(1) (Natural Person) PROVIDES
IF the recipient of the report or information from a credit provider is
a person or body generally recognised as being a person appointed, or
body established, for the purpose of settling disputes between credit
providers and their customers THEN
the dispute resolver is a natural person ONLY IF
the recipient of the report or information from a credit
provider is a natural person
DAEMON Heuristic - dispute resolver and s.18N(1) (Sex) PROVIDES
IF the recipient of the report or information from a credit provider is
a person or body generally recognised as being a person appointed, or
body established, for the purpose of settling disputes between credit
providers and their customers AND
the recipient of the report or information from a credit provider is a
natural person THEN
the sex of the dispute resolver IS
the sex of the recipient of the report or information from a
credit provider
DAEMON Heuristic - assisting authority and s.18N(1) (Name) PROVIDES
IF the recipient of the report or information from a credit provider is
an authority of a State or Territory whose functions include giving
assistance (directly or indirectly) that facilitates the giving of
mortgage credit to individuals THEN
the name of the assisting authority IS
the name of the recipient of the report or information from a
credit provider
DAEMON Heuristic - assisting authority and s.18N(1) (Natural Person)
PROVIDES
IF the recipient of the report or information from a credit provider is
an authority of a State or Territory whose functions include giving
assistance (directly or indirectly) that facilitates the giving of
mortgage credit to individuals THEN
the assisting authority is a natural person ONLY IF
the recipient of the report or information from a credit
provider is a natural person
DAEMON Heuristic - assisting authority and s.18N(1) (Sex) PROVIDES
IF the recipient of the report or information from a credit provider is
an authority of a State or Territory whose functions include giving
assistance (directly or indirectly) that facilitates the giving of
mortgage credit to individuals AND
the recipient of the report or information from a credit provider is a
natural person THEN
the sex of the assisting authority IS
the sex of the recipient of the report or information from a
credit provider
DAEMON Heuristic - merchant and s.18N(1) (Name) PROVIDES
IF the recipient of the report or information from a credit provider is
a person or body carrying on a business of supplying goods or services
THEN
the name of the merchant IS
the name of the recipient of the report or information from a
credit provider
DAEMON Heuristic - merchant and s.18N(1) (Natural Person) PROVIDES
IF the recipient of the report or information from a credit provider is
a person or body carrying on a business of supplying goods or services
THEN
the merchant is a natural person ONLY IF
the recipient of the report or information from a credit
provider is a natural person
DAEMON Heuristic - merchant and s.18N(1) (Sex) PROVIDES
IF the recipient of the report or information from a credit provider is
a person or body carrying on a business of supplying goods or services
AND
the recipient of the report or information from a credit provider is a
natural person THEN
the sex of the merchant IS
the sex of the recipient of the report or information from a
credit provider
DAEMON Heuristic - potential creditor and s.18N(1) (Name) PROVIDES
IF the recipient of the report or information from a credit provider is
a person or body that is considering taking an assignment of, or
discharging on the individual concerned's behalf, a debt owed by the
individual concerned to the credit provider THEN
the name of the potential creditor IS
the name of the recipient of the report or information from a
credit provider
DAEMON Heuristic - potential creditor and s.18N(1) (Natural Person) PROVIDES
IF the recipient of the report or information from a credit provider is
a person or body that is considering taking an assignment of, or
discharging on the individual concerned's behalf, a debt owed by the
individual concerned to the credit provider THEN
the potential creditor is a natural person ONLY IF
the recipient of the report or information from a credit
provider is a natural person
DAEMON Heuristic - potential creditor and s.18N(1) (Sex) PROVIDES
IF the recipient of the report or information from a credit provider is
a person or body that is considering taking an assignment of, or
discharging on the individual concerned's behalf, a debt owed by the
individual concerned to the credit provider AND
the recipient of the report or information from a credit provider is a
natural person THEN
the sex of the potential creditor IS
the sex of the recipient of the report or information from a
credit provider
DAEMON Heuristic - debt collector and s.18N(1) (Name) PROVIDES
IF the recipient of the report or information from a credit provider is
a person or body carrying on a business or undertaking that involves the
collection of debts on behalf of others THEN
the name of the debt collector IS
the name of the recipient of the report or information from a
credit provider
DAEMON Heuristic - debt collector and s.18N(1) (Natural Person) PROVIDES
IF the recipient of the report or information from a credit provider is
a person or body carrying on a business or undertaking that involves the
collection of debts on behalf of others THEN
the debt collector is a natural person ONLY IF
the recipient of the report or information from a credit
provider is a natural person
DAEMON Heuristic - debt collector and s.18N(1) (Sex) PROVIDES
IF the recipient of the report or information from a credit provider is
a person or body carrying on a business or undertaking that involves the
collection of debts on behalf of others AND
the recipient of the report or information from a credit provider is a
natural person THEN
the sex of the debt collector IS
the sex of the recipient of the report or information from a
credit provider
DAEMON Heuristic - recipient corporation or adviser and s.18N(1) (Name)
PROVIDES
IF the recipient of the report or information from a credit provider is
a corporation OR
the recipient of the report or information from a credit provider is a
professional legal adviser or a professional financial adviser of a
corporation THEN
the name of the recipient corporation or adviser IS
the name of the recipient of the report or information from a
credit provider
DAEMON Heuristic - recipient corporation or adviser and s.18N(1) (Natural
Person) PROVIDES
IF the recipient of the report or information from a credit provider is
a corporation OR
the recipient of the report or information from a credit provider is a
professional legal adviser or a professional financial adviser of a
corporation THEN
the recipient corporation or adviser is a natural person ONLY IF
the recipient of the report or information from a credit
provider is a natural person
DAEMON Heuristic - recipient corporation or adviser and s.18N(1) (Sex)
PROVIDES
IF the recipient of the report or information from a credit provider is
a corporation AND/OR
the recipient of the report or information from a credit provider is a
professional legal adviser or a professional financial adviser of a
corporation AND
the recipient of the report or information from a credit provider is a
natural person THEN
the sex of the recipient corporation or adviser IS
the sex of the recipient of the report or information from a
credit provider
DAEMON Heuristic - credit reporting agency and s.18K(1) (Name) PROVIDES
IF the information provider is a credit reporting agency THEN
the name of the credit reporting agency IS
the name of the information provider
DAEMON Heuristic - credit reporting agency and s.18K(1) (Natural Person)
PROVIDES
IF the information provider is a credit reporting agency THEN
the credit reporting agency is a natural person ONLY IF
the information provider is a natural person
DAEMON Heuristic - credit reporting agency and s.18K(1) (Sex) PROVIDES
IF the information provider is a credit reporting agency AND
the information provider is a natural person THEN
the sex of the credit reporting agency IS
the sex of the information provider
DAEMON Heuristic - trade insurer and s.18K(1) (Name) PROVIDES
IF the recipient of the report or information from a credit reporting
agency is a trade insurer THEN
the name of the trade insurer IS
the name of the recipient of personal information from a credit
reporting agency
DAEMON Heuristic - trade insurer and s.18K(1) (Natural Person) PROVIDES
IF the recipient of personal information from a credit reporting agency
is a trade insurer THEN
the trade insurer is a natural person ONLY IF
the recipient of personal information from a credit reporting
agency is a natural person
DAEMON Heuristic - trade insurer and s.18K(1) (Sex) PROVIDES
IF the recipient of personal information from a credit reporting agency
is a trade insurer AND
the recipient of personal information from a credit reporting agency is
a natural person THEN
the sex of the trade insurer IS
the sex of the recipient of personal information from a credit
reporting agency
DAEMON Heuristic - mortgage insurer and s.18K(1) (Name) PROVIDES
IF the recipient of personal information from a credit reporting agency
is a mortgage insurer THEN
the name of the mortgage insurer IS
the name of the recipient of personal information from a credit
reporting agency
DAEMON Heuristic - mortgage insurer and s.18K(1) (Natural Person) PROVIDES
IF the recipient of personal information from a credit reporting agency
is a mortgage insurer THEN
the mortgage insurer is a natural person ONLY IF
the recipient of personal information from a credit reporting
agency is a natural person
DAEMON Heuristic - mortgage insurer and s.18K(1) (Sex) PROVIDES
IF the recipient of personal information from a credit reporting agency
is a mortgage insurer AND
the recipient of personal information from a credit reporting agency is
a natural person THEN
the sex of the mortgage insurer IS
the sex of the recipient of personal information from a credit
reporting agency
DAEMON Heuristic - credit provider and s.18K(1) (Name) PROVIDES
IF the recipient of personal information from a credit reporting agency
is a credit provider THEN
the name of the credit provider IS
the name of the recipient of personal information from a credit
reporting agency
DAEMON Heuristic - credit provider and s.18K(1) (Natural Person) PROVIDES
IF the recipient of personal information from a credit reporting agency
is a credit provider THEN
the credit provider is a natural person ONLY IF
the recipient of personal information from a credit reporting
agency is a natural person
DAEMON Heuristic - credit provider and s.18K(1) (Sex) PROVIDES
IF the recipient of personal information from a credit reporting agency
is a credit provider AND
the recipient of personal information from a credit reporting agency is
a natural person THEN
the sex of the credit provider IS
the sex of the recipient of personal information from a credit
reporting agency
RULE Heuristic - Commencement of section 18K - 18K(1)(h) PROVIDES
the credit provider provided the commercial credit concerned before the
commencement of section 18K ONLY IF
the date of provision of the commercial credit concerned IS LESS
THAN 25th February, 1992
RULE Heuristic - Commencement of section 18K - 18K(3) PROVIDES
the credit reporting agency included the prohibited information in the
individual concerned's credit information file before the commencement
of section 18K ONLY IF
the date of inclusion of the prohibited information IS LESS THAN
25th February, 1992
RULE Heuristic - section 18K(3) determination - date of disclosure PROVIDES
the disclosed information was included in the credit information file
before 24 September 1991 ONLY IF
the date of inclusion of the prohibited information IS LESS THAN
24th September, 1991
RULE Heuristic - section 18K(3) determination - date of use PROVIDES
the used information was included in the credit information file before
24 September 1991 ONLY IF
the date of inclusion of the prohibited information IS LESS THAN
24th September, 1991
RULE Heuristic - name of CRAA PROVIDES
IF the name of the credit reporting agency EQUALS "CRAA" OR
the name of the credit reporting agency EQUALS "Credit Reference
Association of Australia" THEN
the credit reporting agency is the Credit Reference Association of
Australia
RULE Heuristic - name of TCS PROVIDES
IF the name of the credit reporting agency EQUALS "TCS" OR
the name of the credit reporting agency EQUALS "Tasmanian Collection
Service" THEN
the credit reporting agency is the Tasmanian Collection Service
RULE Heuristic - CRAA/TCS exlusivity PROVIDES
IF the credit reporting agency is the Credit Reference Association of
Australia THEN
the credit reporting agency is not the Tasmanian Collection Service
DAEMON Heuristic - natural persons, corporations and body corporates
PROVIDES
IF <> is a natural person THEN BEGIN
<> is not a corporation
ASSERT <> is not a body corporate
END
RULE Heuristic - regulations made under section 11B(2) PROVIDES
regulations have not been made under section 11B(2)
RULE Heuristic - regulations made under section 6(5C) PROVIDES
regulations have not been made for the purposes of section 6(5C)
RULE Heuristic - section 18K(2) link with section 18E PROVIDES
the individual concerned's credit information file contains personal
information that the credit reporting agency would be prohibited from
including in a credit information file under section 18E ONLY IF
the credit reporting agency has breached section 18E(1) OR
the credit reporting agency has breached section 18E(2)
DAEMON Heuristic - credit reporting agency, information recorder and s18K(2)
(Name) PROVIDES
IF the information provider is a credit reporting agency AND
the credit reporting agency is in possession of a credit information
file relating to the individual concerned AND/OR
the credit reporting agency is in control of a credit information file
relating to the individual concerned AND
the credit reporting agency has disclosed personal information about the
individual concerned to a person, body or agency (other than the
individual concerned) AND
the disclosed information is contained in a credit information file
relating to the individual concerned AND/OR
the disclosed information is contained in a record containing
information derived from the individual concerned's credit information
file THEN
the name of the information recorder IS
the name of the credit reporting agency
DAEMON Heuristic - credit reporting agency, information recorder and s18K(2)
(Natural Person) PROVIDES
IF the information provider is a credit reporting agency AND
the credit reporting agency is in possession of a credit information
file relating to the individual concerned AND/OR
the credit reporting agency is in control of a credit information file
relating to the individual concerned AND
the credit reporting agency has disclosed personal information about the
individual concerned to a person, body or agency (other than the
individual concerned) AND
the disclosed information is contained in a credit information file
relating to the individual concerned AND/OR
the disclosed information is contained in a record containing
information derived from the individual concerned's credit information
file THEN
the information recorder is a natural person ONLY IF
the credit reporting agency is a natural person
DAEMON Heuristic - credit reporting agency, information recorder and s18K(2)
(Sex) PROVIDES
IF the information provider is a credit reporting agency AND
the credit reporting agency is in possession of a credit information
file relating to the individual concerned AND/OR
the credit reporting agency is in control of a credit information file
relating to the individual concerned AND
the credit reporting agency has disclosed personal information about the
individual concerned to a person, body or agency (other than the
individual concerned) AND
the disclosed information is contained in a credit information file
relating to the individual concerned AND/OR
the disclosed information is contained in a record containing
information derived from the individual concerned's credit information
file AND
the credit reporting agency is a natural person THEN
the sex of the information recorder IS
the sex of the credit reporting agency
DAEMON Heuristic - information provider, credit reporting agency, s18K(2)
and s18E PROVIDES
IF the information provider is a credit reporting agency AND
the credit reporting agency is in possession of a credit information
file relating to the individual concerned AND/OR
the credit reporting agency is in control of a credit information file
relating to the individual concerned AND
the credit reporting agency has disclosed personal information about the
individual concerned to a person, body or agency (other than the
individual concerned) AND
the disclosed information is contained in a credit information file
relating to the individual concerned AND/OR
the disclosed information is contained in a record containing
information derived from the individual concerned's credit information
file THEN
the credit reporting agency is a credit reporting agency
DAEMON Heuristic - recorded information, s18K(2) and s18E PROVIDES
IF the information provider is a credit reporting agency AND
the credit reporting agency is in possession of a credit information
file relating to the individual concerned AND/OR
the credit reporting agency is in control of a credit information file
relating to the individual concerned AND
the credit reporting agency has disclosed personal information about the
individual concerned to a person, body or agency (other than the
individual concerned) AND
the disclosed information is contained in a credit information file
relating to the individual concerned AND/OR
the disclosed information is contained in a record containing
information derived from the individual concerned's credit information
file THEN
the name of the recorded information IS
"the credit information file"
RULE Heuristic - expired information and s18F(2)(a) PROVIDES
IF the credit information file contains information of a type described
in section 18F(2)(a) AND
the credit reporting agency has kept the information for a period which
is longer than 1 month after the end of the maximum permissible period
specified in section 18F(2)(a) THEN
the name of the expired information IS
"the record that a credit report has been sought"
RULE Heuristic - expired information and s18F(2)(b) PROVIDES
IF the credit information file contains information of a type described
in section 18F(2)(b) AND
the credit reporting agency has kept the information for a period which
is longer than 1 month after the end of the maximum permissible period
specified in section 18F(2)(b) THEN
the name of the expired information IS
"the current credit provider information"
RULE Heuristic - expired information and s18F(2)(c) PROVIDES
IF the credit information file contains information of a type described
in section 18F(2)(c) AND
the credit reporting agency has kept the information for a period which
is longer than 1 month after the end of the maximum permissible period
specified in section 18F(2)(c) THEN
the name of the expired information IS
"the 60 day overdue payment information"
RULE Heuristic - expired information and s18F(2)(d) PROVIDES
IF the credit information file contains information of a type described
in section 18F(2)(d) AND
the credit reporting agency has kept the information for a period which
is longer than 1 month after the end of the maximum permissible period
specified in section 18F(2)(d) THEN
the name of the expired information IS
"the dishonoured cheque information"
RULE Heuristic - expired information and s18F(2)(e) PROVIDES
IF the credit information file contains information of a type described
in section 18F(2)(e) AND
the credit reporting agency has kept the information for a period which
is longer than 1 month after the end of the maximum permissible period
specified in section 18F(2)(e) THEN
the name of the expired information IS
"the court judgment information"
RULE Heuristic - expired information and s18F(2)(f) PROVIDES
IF the credit information file contains information of a type described
in section 18F(2)(f) AND
the credit reporting agency has kept the information for a period which
is longer than 1 month after the end of the maximum permissible period
specified in section 18F(2)(f) THEN
the name of the expired information IS
"the bankruptcy information"
RULE Heuristic - expired information and s18F(2)(g) PROVIDES
IF the credit information file contains information of a type described
in section 18F(2)(g) AND
the credit reporting agency has kept the information for a period which
is longer than 1 month after the end of the maximum permissible period
specified in section 18F(2)(g) THEN
the name of the expired information IS
"the serious credit infringement information"
GOAL DOCUMENT Document: Code of Conduct Notes - Para. 36(a) - Commercial
credit reports PROVIDES
PARAGRAPH Agreement that may seek commercial credit information (Section
18L(4) Privacy Act 1988).
IF there are not two or more credit applicants THEN
PARAGRAPH If considers it relevant to assess my application for
personal credit, I agree to obtaining a report about my commercial
activities or commercial credit worthiness from a business which
provides information about the commercial credit worthiness of
persons.
ELSE
PARAGRAPH If considers it relevant to assess our application for
personal credit, we agree to obtaining a report about our commercial
activities or commercial credit worthiness from a business which
provides information about the commercial credit worthiness of
persons.
GOAL DOCUMENT Document: Code of Conduct Notes - Para. 36(b) - Commercial
credit assessment PROVIDES
PARAGRAPH Agreement that may seek consumer credit information (Section
18K(1)(b) Privacy Act 1988).
IF there are not two or more commercial credit applicants THEN
PARAGRAPH If considers it relevant to assess my application for
commercial credit, I agree to obtaining from a credit reporting
agency a credit report containing personal credit information about
me in relation to commercial credit provided by .
ELSE
PARAGRAPH If considers it relevant to assess our application for
commercial credit, we agree to obtaining from a credit reporting
agency a credit report containing personal credit information about
us in relation to commercial credit provided by .
GOAL DOCUMENT Document: Code of Conduct Notes - Para. 36(c) - Guarantor's
agreement PROVIDES
PARAGRAPH Guarantor's agreement under section 18K(1)(c) Privacy Act
1988.
IF there are not two or more loan guarantors THEN BEGIN
NUMBERED PARAGRAPH I agree that may seek from a credit reporting
agency, a credit report containing personal information about me to
assess whether to accept me as a guarantor for credit applied for,
or provided to, .
NUMBERED PARAGRAPH I agree that if approves 's application for
credit this agreement remains in force until the covered by 's
application ceases.
END ELSE
BEGIN
NUMBERED PARAGRAPH We agree that may seek from a credit
reporting agency, a credit report containing personal
information about us to assess whether to accept us as
guarantors for credit applied for, or provided to, .
NUMBERED PARAGRAPH We agree that if approves 's application for
credit this agreement remains in force until the covered by 's
application ceases.
END
GOAL DOCUMENT Document: Code of Conduct Notes - Para. 36(d) - Overdue
commercial payments PROVIDES
IF there are not two or more commercial credit recipients THEN BEGIN
PARAGRAPH Agreement that may use a credit report about me for
collecting overdue payments (Section 18K(1)(h) Privacy Act 1988).
PARAGRAPH If considers it relevant to collecting overdue payments in
respect of commercial credit provided to me, I agree to receiving
from a credit reporting agency a credit report containing personal
information about me in relation to collecting overdue payments.
END ELSE
BEGIN
PARAGRAPH Agreement that may use a credit report about any one
of us for collecting overdue payments (Section 18K(1)(h) Privacy
Act 1988).
PARAGRAPH If considers it relevant to collecting overdue
payments in respect of commercial credit provided to us, we
agree to receiving from a credit reporting agency a credit
report containing personal information about us in relation to
collecting overdue payments.
END
GOAL DOCUMENT Document: Code of Conduct Notes - Para. 36(e) - Banker's
opinions etc. PROVIDES
IF there are not two or more credit applicants THEN BEGIN
PARAGRAPH Agreement to seeking from or giving to other credit
providers details about my credit worthiness (Section 18N(1)(b)
Privacy Act 1988).
NUMBERED PARAGRAPH I agree that may give to and seek from any credit
providers named in this credit application and any credit providers
that may be named in a credit report issued by a credit reporting
agency information about my credit arrangements. I understand that
this information can include any information about my credit
worthiness, credit standing, credit history or credit capacity that
credit providers are allowed to give or receive from each other
under the Privacy Act.
NUMBERED PARAGRAPH I understand the information may be used for the
following purposes:
NUMBERED LEVEL 4 PARAGRAPH to assess an application by me for
credit;
NUMBERED LEVEL 4 PARAGRAPH to notify other credit providers of a
default by me;
NUMBERED LEVEL 4 PARAGRAPH to exchange information with other credit
providers as to the status of this loan where I am in default with
other credit providers; and
NUMBERED LEVEL 4 PARAGRAPH to assess my credit worthiness.
END ELSE
BEGIN
PARAGRAPH Agreement to seeking from or giving to other credit
providers details about our credit worthiness (Section 18N(1)(b)
Privacy Act 1988).
NUMBERED PARAGRAPH We agree that may give to and seek from any
credit providers named in this credit application and any credit
providers that may be named in a credit report issued by a
credit reporting agency information about my credit
arrangements. I understand that this information can include any
information about our credit worthiness, credit standing, credit
history or credit capacity that credit providers are allowed to
give or receive from each other under the Privacy Act.
NUMBERED PARAGRAPH We understand the information may be used for
the following purposes:
NUMBERED LEVEL 4 PARAGRAPH to assess an application by us for
credit;
NUMBERED LEVEL 4 PARAGRAPH to notify other credit providers of a
default by us;
NUMBERED LEVEL 4 PARAGRAPH to exchange information with other
credit providers as to the status of this loan where we are in
default with other credit providers; and
NUMBERED LEVEL 4 PARAGRAPH to assess our credit worthiness.
END
GOAL DOCUMENT Document: Code of Conduct Notes - Para. 36(f) - Mortgage
securitisation PROVIDES
PARAGRAPH Agreement to disclosing information to parties involved in
mortgage securitisation arrangements (Section 18N(1)(bg) Privacy Act
1988).
IF there are not two or more mortgage credit applicants THEN
PARAGRAPH I agree that may disclose information about my personal
credit worthiness to persons involved in funding mortgage credit for
the purposes of enabling those persons so involved to perform tasks
necessary in the funding of mortgage credit.
ELSE
PARAGRAPH We agree that may disclose information about our personal
credit worthiness to persons involved in funding mortgage credit for
the purposes of enabling those persons so involved to perform tasks
necessary in the funding of mortgage credit.
GOAL DOCUMENT Document: Code of Conduct Notes - Para. 36(g) - Trade
insurer's inquiries PROVIDES
PARAGRAPH Agreement to seeking a credit report from a credit reporting
agency (Section 18K(1)(e) Privacy Act 1988).
IF there are not two or more commercial credit applicants THEN
PARAGRAPH I agree that may obtain my credit report from a credit
reporting agency to assess the provision of insurance to in relation
to my application for commercial credit with .
ELSE
PARAGRAPH We agree that may obtain our credit reports from a credit
reporting agency to assess the provision of insurance to in relation
to our application for commercial credit with .
GOAL DOCUMENT Document: Code of Conduct Notes - Para. 42 - credit rejection
letter PROVIDES
PARAGRAPH Dear
PARAGRAPH I am writing to inform you that your application for credit,
being credit in the form of a for the amount of made on , has not been
approved.
PARAGRAPH Our decision not to approve your application was based wholly
or partly on information obtained from .
PARAGRAPH Under the Privacy Act 1988, you have the right to obtain
access to your credit information file held by a credit reporting
agency. The most convenient way for you to obtain access to your credit
information file is to contact at .
PARAGRAPH When writing to the credit reporting agency you should print
your name and address in full, and provide other identifying particulars
as required by the credit reporting agency.
PARAGRAPH Yours faithfully,
/* Links */
LINK agency TO http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/s6.html#agency
LINK bank TO http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/s6.html#bank
LINK building society TO http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/s6.html#building_society
LINK corporation TO http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/s6.html#corporation
LINK credit provider TO http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/s6.html#credit_provider
LINK credit reporting agency TO http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/s6.html#credit_reporting_agency
LINK credit reporting business TO http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/s6.html#credit_reporting_business
LINK credit union TO http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/s6.html#credit_union
LINK current credit provider TO http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/s6.html#current_credit_provider
LINK financial corporation TO http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/s6.html#financial_corporation
LINK intelligence agency TO http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/s6.html#intelligence_agency
LINK mortgage insurer TO http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/s6.html#mortgage_insurer
LINK personal information TO http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/s6.html#personal_information
LINK record TO http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/s6.html#record
LINK trade insurer TO http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/s6.html#trade_insurer
LINK trading corporation TO http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/s6.html#trading_corporation
LINK act or practice TO http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/s7.html
LINK collector TO http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/s9.html
LINK record keeper TO http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/s10.html
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