As part of the reforms to the Privacy Act 1988 (Privacy Act), that took effect on 12 March 2014, credit reporting in Australia is regulated by a new Part IIIA of the Privacy Act. The new Part IIIA allows for more comprehensive credit reporting.
The new Part IIIA is supplemented by regulations and a written code of practice about credit reporting (the CR code).
Read more detailed information about the credit reporting changes:
- Privacy business resource 3: Credit reporting — what has changed.
- Privacy fact sheets 26 to 40: Credit reporting 'know your rights' series
- Credit FAQs
Additionally, the Australian Retail Credit Association (ARCA) has developed an information website (CreditSmart) to help consumers understand the effects of the Privacy Act reforms on how credit reporting will operate in Australia.
The new credit reporting code
The CR code, as varied on 19 December 2013, was registered on the OAIC's Codes register by the Australian Information Commissioner on 22 January 2014. It commenced operation on 12 March 2014.
Background
In December 2012 the Australian Privacy Commissioner requested the Australian Retail Credit Association (ARCA) develop the new credit reporting privacy code (called the CR code). (
Initial letter of request331.07 KB and letter extending the period346.81 KB)
On 5 April 2013 ARCA released, for public consultation, a draft of the proposed new CR code. See the Office of the Australian Information Commissioner's (OAIC) statement about ARCA's consultation.
On 1 July 2013 ARCA submitted the CR code for registration (Letter acknowledgeing receipt of the application156.75 KB)
On 19 December 2013, after detailed discussions with the OAIC and further consultations with stakeholders, ARCA, with the consent of the OAIC, submitted a set of variations to the CR code. This varied CR code was registered on 22 January 2014.
CR code registration application
Below you will find the final version of the credit reporting privacy code (CR code) and accompanying documents, as submitted for registration by the Australian Retail Credit Association (ARCA) on 19 December 2013.
You will also find the original application and accompanying documents submitted on 1 July 2013.
The documents below are from an external organisation and are presented in the form they were received by the OAIC. If you have any difficulty accessing these documents please contact us.
Final version of the CR code submitted by ARCA on 19 December 2013
- CR code final version submitted by ARCA 353.75 KB
- CR code final version submitted by ARCA with track changes from original application version857.34 KB
- Letter accompanying final version submitted by ARCA 443.73 KB
- Table of major variations and reasoning 228 KB
- Consultation note on variations22.05 KB
Original version of the CR code submitted by ARCA on 1 July 2013
- CR Code registration application covering letter290.26
- Executive Summary54.22 KB
- Credit Reporting Code (CR Code), Version 5 (without explanatory notes)501.39 KB [1]
- Credit Reporting Code (CR Code), Version 5 (with explanatory notes)651.33 KB [1]
- Memorandum to the OAIC regarding the CR Code116.56 KB
- Annexure A – Treatment of pre-commencement information (clause 5.1)38.31 KB
- Annexure B – Default information (clauses 9.3 & 9.4)33.75 KB
- Annexure C – Alert system (clause 16.2)19.71 KB
- Annexure D – Correction request exemption (clause 20.1)19.37 KB
- Annexure E – Removal of default information (clause 20.5)16.61 KB
- Annexure F – Updating identification information (clauses 20.8 & 20.9)25.87 KB
- Annexure G – Complaint standards (clause 21.1)44.24 KB
- Statement of consultation223.32 KB
- Information sheet: Default notices30.61 KB
- Submissions to ARCA consultation adopted 79.96 KB [2]
- Submissions to ARCA consultation not adopted 203.71 KB [2]
[1] Note: Any registration approval of the CR code by the OAIC will not cover the explanatory notes.
[2] Note: These tables do not include confidential submissions received by ARCA. The submissions themselves (other than confidential ones) are available on the ARCA website.
