What does APP 1.7 require from 10 December 2026?

An organisation covered by the Privacy Act must state in its privacy policy where it has arranged for a computer program to make, or do something substantially and directly related to making, a decision that could reasonably be expected to significantly affect a person's rights or interests, using that person's personal information. The policy must describe the kinds of personal information used, the kinds of decisions made solely by the program, and the kinds of decisions the program substantially contributes to (APP 1.8). The duty was inserted by the Privacy and Other Legislation Amendment Act 2024 and starts on 10 December 2026.

Does recruitment or applicant-screening software count?

Yes in the OAIC's view. Its September 2026 fact sheet lists 'recruitment software used to sort through candidate profiles and make hiring decisions' among decisions generally in scope, and its Example 5 treats an AI tool that scores recorded video interviews (using voiceprint, speech, facial geometry and eye movement) and ranks applicants into a shortlist as significantly affecting access to employment, even though HR staff make the final call.

If a manager reviews the AI output, is the tool still in scope?

Usually yes. The OAIC says a program is 'substantially and directly related' to a decision where its output is a key factor the human relies on, whether the output is advisory or determinative. Only where staff genuinely interrogate the output, use other evidence and document why they diverged (Example 3) might the program fall outside 'substantially'.

Which employers are covered by the Privacy Act?

Organisations with annual turnover above $3 million, all health service providers, and other categories listed in section 6D regardless of size. Small business operators with turnover of $3 million or less are generally exempt unless an exception applies. The employee records exemption (s 7B(3)) can take acts about current or former employees outside the APPs, but it never covers job applicants.

Automated Decision Disclosure Checker (APP 1.7, 10 December 2026): HR and Hiring Software

What does the software decide or help decide?

Pick the decision closest to how the tool is actually used. Run the check once per tool.

It determines the outcome

Auto-reject, auto-rank into a shortlist, auto-allocate — no person changes it in practice.

A person decides, but the output is a key factor

Staff rely on the score, ranking or recommendation; it is rarely overridden.

A minor input that staff routinely interrogate and override with documented reasons

The OAIC's Example 3 — only pick this if the human steps are real and recorded every time.

No computer program is involved in the decision

People decide without software output. Spreadsheet formulas and chatbots count as programs.

The program uses personal information about the individual

Names, résumés, recordings, KPIs, attendance and location data are all personal information.

Kinds of personal information it uses (for the draft wording)

identity and contact details (name, address, email, phone)

résumé, work history, qualifications and application answers

psychometric or skills assessment results

video or voice recordings of interviews

biometric information (voiceprint, facial geometry, eye movement)

performance ratings, KPIs, sales or productivity data

attendance, rostering, availability and leave data

location, device or system activity data

remuneration and bonus history

Yes — turnover above $3 million, a health service provider, or otherwise covered

No — small business operator (turnover $3 million or less, no exception applies)

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