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ARTICLE · 03 DECEMBER 2022

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Privacy regulation in Australia

The duplication of privacy regulation across Australian jurisdictions causes inconsistency and complicates compliance.

AustraliaPrivacy

When discussing the operation of our Federal system in Australia with overseas lawyers they are often struck by the inefficiency of our Federal, State and Local Government structure, for a relatively small population. Undoubtably this leads to inefficiency such as that evident from having a federal "Office of the Australian Information Commissioner" and the various State based agencies such as the "Information and Privacy Commission NSW".

Section 4 (3) of the Commonwealth Privacy Act provides: "Nothing in this Act shall be taken to have the effect of making the Crown in right of a State, of the Australian Capital Territory or of the Northern Territory an agency for the purposes of this Act."

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