Commonwealth Numbered Acts

PRIVACY AMENDMENT ACT 1990 No. 116, 1990 - SECT 15

15. After section 28 of the Principal Act the following section is inserted:
Functions of Commissioner in relation to credit reporting

"28A. (1) In addition to the functions under sections 27 and 28, the
Commissioner has the following functions in relation to credit reporting:

   (a)  to develop the Code of Conduct in consultation with government,
        commercial, consumer and other relevant bodies and organisations;

   (b)  to investigate an act or practice of a credit reporting agency or
        credit provider that may constitute a credit reporting infringement
        and, where the Commissioner considers it appropriate to do so, to
        endeavour, by conciliation, to effect a settlement of the matters that
        gave rise to the investigation;

   (c)  to promote an understanding and acceptance of:

        (i)    the Code of Conduct and the provisions of Part IIIA; and

        (ii)   the objects of those provisions;

   (d)  to make such determinations as the Commissioner is empowered to make
        under section 11B or Part IIIA; and

   (e)  to prepare, and to publish in such manner as the Commissioner
        considers appropriate, guidelines for the avoidance of acts or
        practices of a credit reporting agency or credit provider that may or
        might be interferences with the privacy of individuals;

   (f)  to provide advice (with or without a request) to a Minister, a credit
        reporting agency or a credit provider on any matter relevant to the
        operation of this Act;

   (g)  to conduct audits of credit information files maintained by credit
        reporting agencies, and credit reports in the possession, or under the
        control, of credit providers or credit reporting agencies, for the
        purpose of ascertaining whether the files or reports are maintained in
        accordance with the Code of Conduct and the provisions of Part IIIA;

   (h)  to monitor the security and accuracy of personal information contained
        in credit information files maintained by credit reporting agencies
        and in credit reports in the possession, or under the control, of
        credit providers or credit reporting agencies;

   (j)  to examine the records of credit reporting agencies and credit
        providers to ensure that:

        (i)    credit reporting agencies and credit providers are not using
               personal information contained in credit information files and
               credit reports for unauthorised purposes; and

        (ii)   credit reporting agencies and credit providers are taking
               adequate measures to prevent the unlawful disclosure of
               personal information contained in credit information files and
               credit reports;

   (k)  for the purpose of promoting the protection of individual privacy, to
        undertake educational programs on the Commissioner's own behalf or in
        co-operation with other persons or authorities on the Commissioner's
        behalf;

   (m)  to do anything incidental or conducive to the performance of any of
        the preceding functions.

"(2) The Commissioner has power to do all things that are necessary or
convenient to be done for or in connection with the performance of his or her
functions under subsection (1).".