The Personal Information Protection Act 2004 came into effect on 5 September 2005 and regulates the collection, maintenance, use and disclosure of personal information by personal information custodians (the Tasmanian public sector, local government authorities in Tasmania, and the University of Tasmania).

The Tasmanian public sector includes State Government agencies (as defined by the State Service Act 2000), statutory boards and office holders, Government Business Enterprises (as defined in the Government Business Enterprises Act 1995), Ministers, and various bodies whose members are appointed by the Governor or a Minister.

Under the Act, when collecting personal information, personal information custodians are to take reasonable steps to ensure that the individual is aware of:

• the identity of the personal information custodian collecting the information about you and how to contact it
• the right of access to the information
• the purpose or purposes for which the information is collected
• the intended recipients or class of recipients of the information
• any law that requires the information to be collected
• the main consequences for the individual if all or part of the information is not provided.

 
The Act gives individuals the right to make a complaint to the relevant personal information custodian if they think their personal information has not been handled by the personal information custodian in accordance with the Act. A complaint must be made within six months from the time the individual first become aware of the matter. If they are not satisfied with the outcome of their complaint, they may raise the matter with the Ombudsman. Contact information for the Office of the Ombudsman can be found at www.ombudsman.tas.gov.au.

The Act is available on the Tasmanian Legislation website at www.thelaw.tas.gov.au or copies can be purchased from the Printing Authority of Tasmania.