What evidence does an auditor or the regulator ask for under Privacy Act APP 2.1, APP 2.2?

Enquiry and information channels (phone, website form) that do not require a name where none is needed; A note of which services need identification and the reason (law or impracticability)

Rules / Privacy Act: the Australian Privacy Principles and notifiable data breaches

PrivacyPrivacy Act: the Australian Privacy Principles and notifiable data breachesprivacy-act--app-2-anonymity-and-pseudonymity

Requirement

APP 2: letting people deal with the practice anonymously or under a pseudonym

People must have the option of not identifying themselves, or using a pseudonym, unless the law requires the practice to deal with identified people or dealing anonymously is impracticable. For most treatment, NDIS funded supports and Medicare claims it is impracticable or required; general enquiries are where the option usually matters.

Clause

Privacy Act APP 2.1, APP 2.2

Regulator

Office of the Australian Information Commissioner

Edition held

Privacy Act 1988 (Cth), Compilation No. 104 (C2026C00227), in force 4 June 2026, registered 17 June 2026 (Schedule 1, the Australian Privacy Principles; Part IIIC, notifiable data breaches)

Checked current

6 October 2026, Federal Register of Legislation Versions API: the latest and current compilation on 6 October 2026

Who it applies to

Every allied health practice that provides a health service and holds health information, whatever its turnover (s 6D(4)(b)), every profession, speech pathology included, NDIS registered or not.

Every clause in the standards library

Privacy Act: the Australian Privacy Principles and notifiable data breaches on the standards library

Under review, not in force

From 10 December 2026, APP 1.7 to 1.9 add automated-decision content to the privacy policy (Privacy and Other Legislation Amendment Act 2024, Schedule 1 items 87 and 88). Not in force yet.

APP 2.1Give people the option of not identifying themselves, or of using a pseudonym, when dealing with the practice about a particular mattersource

Requirement, our statement of the clause

Give people the option of not identifying themselves, or of using a pseudonym, when dealing with the practice about a particular matter.

Evidence that typically shows this

Enquiry and information channels (phone, website form) that do not require a name where none is needed

Common gap to check

General enquiry forms that require full identity details

APP 2.2The option does not apply where an Australian law or a court or tribunal order requires or authorises dealing with identified people, or where dealing with unidentified people is impracticable (for example clinical treatment and claiming)source

Requirement, our statement of the clause

The option does not apply where an Australian law or a court or tribunal order requires or authorises dealing with identified people, or where dealing with unidentified people is impracticable (for example clinical treatment and claiming).

Evidence that typically shows this

A note of which services need identification and the reason (law or impracticability)

Common gap to check

No reason recorded for requiring identification

Worksheet: what your practice holds, and where

Ref	Held (yes, partly, no, not applicable)	Where it is kept	Owner	Last reviewed	Next review
APP 2.1
APP 2.2

Download the worksheet (CSV)Print the worksheet (A4)

Completing this worksheet records what your practice holds and where. It does not make a practice compliant or ready for audit, and it is not legal advice.

Related requirements

Privacy Act: the Australian Privacy Principles and notifiable data breaches

APP 1.2 to APP 1.5, 1.6APP 1: the practice privacy policy and what it must contain
APP 3.2 to APP 3.5, 3.6APP 3: collecting health information, consent and necessity
s 6D(1), (3) to s 6(1) health information, sensitive informationDoes the Privacy Act apply to an allied health practice?
APP 4.1, 4.2, APP 4.3, 4.4APP 4: information the practice did not ask for
APP 5.1 to APP 5.2(g) to (j)APP 5: the collection notice for clients
APP 6.1 to APP 6.5APP 6: sharing client information with other practitioners and the NDIS
APP 7.1, 7.4 to APP 7.8APP 7: newsletters and marketing to clients
APP 8.1, APP 8.2(a), (b), APP 8.2(c), (d)APP 8: client information that goes overseas
Every page of this instrument

The same topic in other instruments (privacy and records)

NDIS Practice Standards Core 5.1, Core 5.2, Core 5.3Core module: Privacy and dignity
NDIS Practice Standards Core 12.1 to Core 12.4Core module: Information management
NDIS Code of Conduct s 6(1)(b)Respect the privacy of people with disability
Children guidance P-2Protect privacy and dignity, and ask before touching
Ahpra shared Code of conduct 3.3Confidentiality and privacy
Psychology Board Code of conduct 3.3Privacy and confidentiality

See every requirement for your practice See the specimen practice