Compliance

The Privacy Act reforms and your participant data: what care providers must know

LYD AssistOS19 Oct 20268 min read

Quick answer

If you hold participant or client health and personal data, the Privacy Act applies to you. The 2024 reforms added a statutory tort for serious invasions of privacy, stronger security duties under APP 11, and from December 2026 a duty to disclose automated decision making. A breach that risks serious harm must be notified.

Privacy used to feel like a big business problem. That has changed. The 2024 reforms to the Privacy Act reach further, hit harder, and land squarely on organisations that hold sensitive health and personal data. That is every care provider.

This is general information, not legal advice, but here is what a provider owner should understand.

You almost certainly have obligations

If you hold participant or client health and personal information, the Australian Privacy Principles apply. APP 11 requires you to take reasonable steps to protect that data with both technical and organisational measures. Firewalls alone are not enough. Think multi factor authentication, access controls, staff training and an incident process.

What the reforms changed

Three changes that matter
  • A statutory tort. Individuals can now take direct action for a serious invasion of privacy, including for emotional harm. This applies broadly.
  • Stronger enforcement. The regulator has more power and larger penalties for serious or repeated breaches.
  • AI disclosure from December 2026. Organisations must disclose automated decision making that uses personal data in their privacy policy.

The breach you have to report

Under the Notifiable Data Breaches scheme, a breach that is likely to result in serious harm must be reported to the regulator and to the people affected. The providers who cope are the ones who prepared: tested backups, real logging, and a written incident plan with named roles. The ones who panic are the ones who assumed it would never happen.

AI raises the stakes

If you use AI for admin, documentation or reporting, participant data may pass through it. The safe pattern is to minimise or strip identifying details before data reaches an AI tool, and to log what happens. This is core to our secure AI deployment work and to how we approach automation in the first place.

Turn compliance into a document you can hand over

Insurers, tenders and the Commission increasingly ask you to prove your position. That means privacy and security policies, an incident response plan, and a gap analysis you can show. We help you write and close those, so a data question becomes a document you hand over, not a scramble. See the cybersecurity and secure AI service.

This article is general information for Australian care providers. It is not legal advice. Confirm your obligations with a qualified adviser and check current guidance at oaic.gov.au before acting.

Frequently Asked Questions

Does the Privacy Act apply to small care providers?
If you handle participant or client health and personal information, you have obligations under the Privacy Act and the Australian Privacy Principles, including the APP 11 security duty and the Notifiable Data Breaches scheme. The small business exemption is also narrowing.
What changed in the 2024 Privacy Act reforms?
A statutory tort for serious invasions of privacy is now available, enforcement and penalties are stronger, and from December 2026 organisations must disclose automated decision making that uses personal data in their privacy policy.
What do we have to do if we have a data breach?
A breach likely to result in serious harm must be notified to the regulator and to affected individuals. Having backups, logging and an incident plan ready is what makes that manageable rather than a crisis.

Are you ready for a data question?

Book a free demo and we will review your current privacy and security position.

For providers

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