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Australia’s Notifiable Data Breaches (NDB) scheme requires organisations covered by the Privacy Act 1988 (Cth) to notify the Australian Information Commissioner and affected people when a breach is likely to cause serious harm and the risk has not been prevented by remedial action. Not every cyber incident qualifies: the organisation must apply a three-part legal test, assess suspected breaches within 30 calendar days, and notify promptly once it has reasonable grounds to believe a breach is eligible, unless an exception applies.
What Australia’s NDB scheme covers
The NDB scheme sits in Part IIIC of the Privacy Act 1988 (Cth). It applies to breaches occurring on or after 22 February 2018. Its notification duties apply to entities with obligations under the Privacy Act to protect personal information; it does not automatically cover every organisation or every security incident. The Office of the Australian Information Commissioner (OAIC) administers the scheme and publishes its Notifiable Data Breaches guidance.
Which organisations may be covered?
Covered entities include Australian Government agencies; businesses and not-for-profits with annual turnover above AU$3 million; private-sector health service providers; credit reporting bodies and credit providers; entities that trade in personal information; and tax file number (TFN) recipients. Some small-business operators with turnover of AU$3 million or less are also covered, including TFN recipients. Check the Privacy Act’s coverage rules for the entity and activity in question rather than assuming that a small business is exempt.
When is a data breach eligible?
A breach is eligible only if all three elements below are present:
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- There is unauthorised access to, or disclosure of, personal information held by an entity, or personal information is lost.
- The breach is likely to result in serious harm to one or more people whose information is involved.
- The entity has not taken remedial action that prevents the likely risk of serious harm.
The OAIC’s Part 4 guide, updated February 2025, and its quick reference guide, published 29 June 2026, explain how to assess these elements.
What counts as serious harm?
The Privacy Act does not define “serious harm.” OAIC guidance says it can include serious physical, psychological, emotional, financial or reputational harm. The test is objective and considers both how likely harm is to occur and how serious its consequences may be. The OAIC’s June 2026 guide describes harm as likely when the risk is more probable than not—not merely possible.
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Relevant circumstances include the kind and sensitivity of the information, the security protections applied and whether they could be overcome, who obtained or could obtain the information, and the kinds of harm that could follow. The assessment is about the particular breach and people affected, not simply whether an incident involved a particular technology or number of records.
How remediation affects the test
Effective remedial action can mean the third element is not met, so notification under the NDB scheme is not required on that basis. For lost information, remediation is adequate if it prevents unauthorised access to or disclosure of that information. Remedial steps can be taken at any point, including while the organisation is assessing the incident, and may change whether the notification threshold is met.
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How long does an organisation have to assess a suspected breach?
An organisation that suspects it may have experienced an eligible data breach must make a reasonable and expeditious assessment. It must take all reasonable steps to complete that assessment within 30 calendar days after the day it became aware of the grounds or information that caused the suspicion. The OAIC treats 30 days as a maximum, not a period to wait out; assessment should be faster when possible because delay can increase the risk of harm.
If there are reasonable grounds to believe a breach is eligible before the assessment period ends, the organisation should move to notification rather than wait for day 30. It should document its assessment and outcome. If completing the assessment within 30 days is not reasonably possible, it should document why and the steps taken.
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What must happen after an eligible breach?
Unless an exception applies, the entity must promptly give the OAIC a statement and notify individuals at risk of serious harm as soon as practicable. The statement must identify the entity and provide contact details, describe the breach, identify the kinds of information involved, and recommend steps people can take to reduce the impact.
Who should be notified?
An entity may notify all affected individuals or only those at risk of serious harm. If notifying individuals directly is not practicable, it may publish the statement and take reasonable steps to bring it to their attention. Where one eligible breach involves multiple entities, only one needs to notify; the OAIC generally suggests that the entity with the most direct relationship with the affected individuals do so.
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How to notify the OAIC
The OAIC directs entities to submit the statement using its online Notifiable Data Breach form. Individuals who want to report a breach of their own information are directed to make a privacy complaint instead.
A practical response sequence
The OAIC’s general response framework is to contain the breach, assess the facts and risks while remediating where possible, notify the Commissioner and individuals if required, and then review the incident to consider how to prevent a recurrence. The first three actions can happen at the same time or in quick succession.
- Contain: take steps to stop or limit ongoing unauthorised access, disclosure or loss.
- Assess and remediate: establish what happened, what personal information and people are involved, and whether serious harm is likely; take remedial action where it can reduce or prevent harm.
- Notify if required: if the legal threshold is met and no exception applies, submit the OAIC statement and notify individuals through an appropriate method.
- Review: examine the incident and consider changes that could help prevent a recurrence.
Exceptions and related reporting rules
The OAIC identifies exceptions involving another entity’s eligible breach, enforcement-related activities, inconsistency with secrecy provisions, and declarations by the Commissioner. Declarations are expected to be exceptional. My Health Record data breaches may also have separate reporting requirements under the My Health Records Act. An organisation should check the relevant statutory conditions and incident facts before relying on an exception.
What this means for organisations and individuals
For an organisation, the key task is to determine whether the facts meet all three elements of an eligible data breach, act quickly to contain and assess the incident, and keep a record of its reasoning and remediation. A cyberattack or lost device alone does not establish that notification is required; nor does the label “security incident” settle the question. The outcome turns on the personal information involved, the likelihood and consequences of serious harm, and whether remedial action prevents that risk.
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