Privacy – general


In the context of privacy, you will need to consider s. 13 in assessing legislation, a policy or a program where it:

  • involves surveillance of persons for any purpose (such as closed-circuit television, CCTV);
  • allows publication of personal information (for example, results of surveillance, medical tests, electoral roll);
  • involves powers of entry, search, seizure, confiscation or forfeiture (including a strip- search for detention or entry into a controlled environment);
  • provides for a compulsory physical intervention on a person such as a DNA, blood, breath or urine test; forced gynaecological or other medical examination; or corporal punishment;
  • provides for treatment or testing of a patient without his or her consent;
  • regulates the public acknowledgment of gender reassignment of transsexual persons;
  • involves a professional duty of confidence;
  • provides for mandatory disclosure or reporting of information (including disclosure of convictions, injury or illness);
  • regulates a person’s name, private sexual behaviour, sexual orientation or gender identification.


Information privacy


In the specific context of information privacy you will need to consider s. 13 in assessing legislation, a policy or a program where it:

  • involves or authorises surveillance or other monitoring where recorded personal information is collected, accessed, used or disclosed;
  • establishes or amends a public register;
  • involves the collection of personal information, compulsorily or otherwise;
  • envisages a new use for personal information that is already held;
  • changes or creates a system of regular disclosure of personal information, whether to another part of state or local government, or to the private sector, or to the public at large;
  • restricts access by individuals to their own personal information, for example by affecting the Freedom of Information Act 1982 (Vic.), Information Privacy Act 2000 (Vic.) or Health Records Act 2001 (Vic.);
  • changes or creates any confidentiality provisions or secrecy provisions relating to personal information;
  • creates new offences or amends existing offences relating to the misuse of personal information;
  • creates new requirements or amends existing requirements to store, secure or retain particular personal information;
  • creates an identification system;
  • proposes to link or match personal information across or within agencies;
  • involves the exchange or transfer of personal information outside Victoria, whether with another government or otherwise;
  • relates to handling personal information for research or statistics;
  • affects the exemptions or overrides the provisions of the Information Privacy Act (Vic.) or the Health Records Act (Vic.).
     


Unlawful and arbitrary interference with family


In the context of the right to freedom from unlawful and arbitrary interference with a person’s family, you will need to consider s. 13 in assessing legislation, a policy or a program where it:

  • affects the ability to form and maintain close or enduring personal relationships;
  • recognises or fails to give legal recognition to close or enduring personal relationships;
  • may provide for the removal of children from a family unit by a public authority;
  • provides for a family intervention order;
  • regulates adoption, including any restrictions on eligibility and disclosure of information;
  • regulates guardianship;
  • regulates childcare or children remaining with their mothers in a prison;
  • provides for mandatory reporting of injuries or illnesses.


Unlawful and arbitrary interference with a person’s home


In the context of the right to freedom from unlawful and arbitrary interference with a person’s home, you will need to consider s. 13 in assessing legislation, a policy or a program where it:

  • provides for powers of entry into and search of a person’s home or workplace;
  • provides for a power of arrest;
  • regulates requisition, compulsory occupation, compulsory acquisition, destruction or removal of a home;
  • regulates tenancy or eviction;
  • regulates a state-run care facility or mental health service;
  • regulates planning or environmental law;
  • regulates the standards of public housing and the consultation and procedures operating in respect of public housing.


Unlawful and arbitrary interference with a person’s correspondence


In the context of the right to freedom from unlawful and arbitrary interference with a person’s correspondence, you will need to consider s. 13 in assessing legislation, a policy or a program where it:

  • may involve the interception of postal articles or other communications (including communications from a prisoner or detainee);
  • provides for the censorship of correspondence;
  • monitors a person’s personal emails;
  • regulates websites that provide for communication between people.
     

Right to reputation


To comply with a person’s right not to have his or her reputation unlawfully attacked, you will need to consider s. 13 in assessing legislation, a policy or a program where it:

  • affects the law relating to defamation or any defences to defamation or injurious falsehood. This is particularly so if it restricts access to, or limits, remedies for attacks on a person’s reputation;
  • affects the exemptions relating to disclosureof personal information in FOI legislation and legislation protecting confidential information.


These policy triggers are not comprehensive.