Privacy In Australian Law
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Privacy In Australian Law
There is no absolute right to privacy in Australian law and there is no clearly recognised tort of invasion of privacy or similar remedy available to people who feel their privacy has been violated. Privacy is, however, affected and protected in limited ways by common law in Australia and a range of federal, state and territorial laws, as well as administrative arrangements. What is privacy? There is no statutory definition of privacy in Australia."privacy" in Trischa Mann (ed.), ''Australian Law Dictionary'', viOxford Reference Online Oxford University Press, accessed 29 August 2011. The Australian Law Reform Commission (ALRC) was given a reference to review Australian privacy law in 2006. During that review it considered the definition of privacy in 2007 in its Discussion paper 72. 007Australian Law Reform Commission Discussion paper 72. In it, the ALRC found there is no "precise definition of universal application" of privacy; instead it conducted the inquiry considering ...
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Tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from cus ...
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Attorney-General Of Australia
The Attorney-GeneralThe title is officially "Attorney-General". For the purposes of distinguishing the office from other attorneys-general, and in accordance with usual practice in the United Kingdom and other common law jurisdictions, the Australian Attorney-General uses the term "Attorney-General for Australia" or the "Commonwealth Attorney-General": seAttorney-General website Historically, "Attorney-General of Australia" was also used. for Australia is the First Law Officer of the Crown in right of the Commonwealth of Australia, chief law officer of the Commonwealth of Australia and a minister of state. The attorney-general is usually a member of the Federal Cabinet, but need not be. Under the Constitution, they are appointed by the Governor-General on the advice of the Prime Minister, and serve at the Governor-General's pleasure. In practice, the attorney-general is a party politician and their tenure is determined by political factors. By convention, but not constitutional ...
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Australian Case Law
Australian(s) may refer to: Australia * Australia, a country * Australians, citizens of the Commonwealth of Australia ** European Australians ** Anglo-Celtic Australians, Australians descended principally from British colonists ** Aboriginal Australians, indigenous peoples of Australia as identified and defined within Australian law * Australia (continent) ** Indigenous Australians * Australian English, the dialect of the English language spoken in Australia * Australian Aboriginal languages * ''The Australian'', a newspaper * Australiana, things of Australian origins Other uses * Australian (horse), a racehorse * Australian, British Columbia, an unincorporated community in Canada See also * The Australian (other) * Australia (other) * * * Austrian (other) Austrian may refer to: * Austrians, someone from Austria or of Austrian descent ** Someone who is considered an Austrian citizen, see Austrian nationality law * Austrian German dialect * Someth ...
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Privacy In Australia
Privacy (, ) is the ability of an individual or group to seclude themselves or information about themselves, and thereby express themselves selectively. The domain of privacy partially overlaps with security, which can include the concepts of appropriate use and protection of information. Privacy may also take the form of bodily integrity. The right not to be subjected to unsanctioned invasions of privacy by the government, corporations, or individuals is part of many countries' privacy laws, and in some cases, constitutions. The concept of universal individual privacy is a modern concept primarily associated with Western culture, particularly British and North American, and remained virtually unknown in some cultures until recent times. Now, most cultures recognize the ability of individuals to withhold certain parts of personal information from wider society. With the rise of technology, the debate regarding privacy has shifted from a bodily sense to a digital sense. As the wo ...
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Information Privacy Law
Information privacy, data privacy or data protection laws provide a legal framework on how to obtain, use and store data of natural persons. The various laws around the world describe the rights of natural persons to control who is using its data. This includes usually the right to get details on which data is stored, for what purpose and to request the deletion in case the purpose is not given anymore. Over 80 countries and independent territories, including nearly every country in Europe and many in Latin America and the Caribbean, Asia, and Africa, have now adopted comprehensive data protection laws. The European Union has the General Data Protection Regulation (GDPR), in force since May 25, 2018. The United States is notable for not having adopted a comprehensive information privacy law, but rather having adopted limited sectoral laws in some areas like the California Consumer Privacy Act (CCPA). These laws are based on fair information practice guidelines developed by th ...
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Expectation Of Privacy
Expectation of privacy is a legal test which is crucial in defining the scope of the applicability of the privacy protections of the Fourth Amendment to the United States Constitution. It is related to, but is not the same as, a ''right to privacy'', a much broader concept which is found in many legal systems (see privacy law). Overall, expectations of privacy can be subjective or objective. Overview There are two types of expectations of privacy: * Subjective expectation of privacy: a certain individual's opinion that a certain location or situation is Privacy International, private; varies greatly from person to person * Objective, legitimate, reasonable expectation of privacy: an expectation of privacy generally recognized by society and perhaps protected by law. Places where individuals expect privacy include residences, hotel rooms, or public places that have been provided by businesses or the public sector to ensure privacy, including public restrooms, private portions of ja ...
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Crimes Act 1914
The ''Crimes Act 1914'' (Cth) is an Act of the Parliament of Australia which addresses the most serious federal offences — that is, crimes against the Commonwealth. It was the first major federal criminal law since the Federation of Australia in 1901, since most criminal law of Australia was, and still is, handled by the states and territories rather than at the federal level. Act Amongst other things, Volume 2 of the Act deals with offences against the administration of justice in federal proceedings, piracy, and offences relating to postal services. Structure Volume 1 *Part I – Preliminary; *Part IAA – Search, information gathering, arrest and related powers (other than powers under delayed notification search warrants; *Part IAAA – Delayed notification search warrants; *Part IAAB – Monitoring of compliance with control orders etc.; *Part IAB – Controlled operations; *Part IABA – Integrity testing; *Part IAC – Assumed identities; *Part IACA – Witnes ...
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National Health Act 1953
The ''National Health Act 1953'' (Cth) is an Act of the Parliament of Australia, which administers pharmaceutical, sickness and hospital benefits, alongside medical and dental services. The Act was passed in 1953 in the Fifth Menzies Ministry, under the second Menzies Government, with its "chief architect" being the then Minister for Health, Earle Page. provisions in the Act relating to the Pharmaceutical Benefits Scheme The Pharmaceutical Benefits Scheme (PBS) is a program of the Australian Government that subsidises prescription medication for Australian citizens and permanent residents, as well as international visitors covered by a reciprocal health care ag ... are still part of Australian law. See also * List of Acts of the Parliament of Australia References External Links * * {{Cite web , date=14 October 2022 , title=National Health Act 1953 as amended , url=https://www.legislation.gov.au/Details/C2022C00298 , url-status=live , access-date=12 November 2022 , webs ...
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Telecommunications Act 1997
The Telecommunications Act 1997 is an act of law in the Commonwealth of Australia. See also * Australian law * Australian Law Reform Commission * '' Surveillance Devices Act 2004'' * '' Telecommunications (Interception and Access) Act 1979'' * ''Privacy Act 1988'' * Mass surveillance in Australia * Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015 External linksTelecommunications Act 1997 at ComLawTelecommunications Act 1997 (Cth) aBarNet JADETelecommunications Act 1997 at the Australasian Legal Information InstituteTelecommunications Interception & Access Laws Electronic Frontiers Australia Electronic Frontiers Australia Inc. (EFA) is a non-profit Australian national non-government organisation representing Internet users concerned with online liberties and rights. It has been vocal on the issue of Internet censorship in Australia. ... 1997 in Australian law Acts of the Parliament of Australia Data laws of Oceania {{Australia-law-stu ...
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Privacy Act 1988
The Privacy Act 1988 is an Australian law dealing with privacy. Section 14 of the Act stipulates a number of Privacy in Australian law, privacy rights known as the Australian Privacy Principles (APPs). These principles apply to Australian Government and Australian Capital Territory agencies or private sector organizations contracted to these governments, organizations and small businesses who provide a health service, as well as to private organisations with an annual turnover exceeding AUD$3M (with some specific exceptions). The principles govern when and how personal information can be collected by these entities. Information can only be collected if it is relevant to the agencies' functions. Upon this collection, that law mandates that Australians have the right to know why information about them is being acquired and who will see the information. Those in charge of storing the information have obligations to ensure such information is neither lost nor exploited. An Australian ...
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Metadata
Metadata is "data that provides information about other data", but not the content of the data, such as the text of a message or the image itself. There are many distinct types of metadata, including: * Descriptive metadata – the descriptive information about a resource. It is used for discovery and identification. It includes elements such as title, abstract, author, and keywords. * Structural metadata – metadata about containers of data and indicates how compound objects are put together, for example, how pages are ordered to form chapters. It describes the types, versions, relationships, and other characteristics of digital materials. * Administrative metadata – the information to help manage a resource, like resource type, permissions, and when and how it was created. * Reference metadata – the information about the contents and quality of statistical data. * Statistical metadata – also called process data, may describe processes that collect, process, or produce st ...
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Parliamentary Joint Committee On Intelligence And Security
The Parliamentary Joint Committee on Intelligence and Security (PJCIS) is a joint committee of the Parliament of Australia which oversees Australia's primary agencies of the Australian Intelligence Community: Australian Security Intelligence Organisation (ASIO), the Australian Secret Intelligence Service (ASIS), the Australian Signals Directorate (ASD), the Defence Intelligence Organisation (DIO), the Australian Geospatial-Intelligence Organisation (DIGO), and the Office of National Assessments (ONA). The committee, then called the Parliamentary Joint Committee on ASIO, ASIS and DSD, was established pursuant to the ''Intelligence Services Act 2001'' and was first appointed in March 2002. History The Parliamentary Joint Committee on ASIO, ASIS and DSD (PJCAAD) was established pursuant to the ''Intelligence Services Act 2001'' and replaced the Parliamentary Joint Committee on ASIO (which was established in 1988) and the Joint Select Committee on the Intelligence Services. The PJCIS's ...
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