Check whether a credit provider may pass an item to a credit reporting body
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the item the lawyer supplies, mark whether it is a type the OAIC page says can be included in a consumer credit report. The types are full name; date of birth; sex; current or last known address and the previous two addresses; the name of the current or last known employer; driver's licence number; the names of credit providers who have provided consumer credit and whether they are licensed by ASIC; the type of consumer credit; the day it was made available and, if relevant, terminated; the limit; certain terms and conditions, including limited information about repayment and interest obligations; repayment history information about whether a payment was on time or missed; financial hardship information reported against repayment history; that a credit provider requested access for an application for consumer or commercial credit; the type and amount of credit sought in that application; that the person defaulted on a consumer credit payment of $150 or more, which the page says means at least 60 days overdue; a statement that a recorded default has since been paid; that, because of a default, the terms were varied or new consumer credit was provided; a court judgment relating to credit provided or applied for; certain National Personal Insolvency Index information, including bankruptcy and debt agreements; certain publicly available information about activities in Australia and creditworthiness, which a credit reporting body can collect only where it is generally available to the public and is collected from an agency or a state or territory authority; and the opinion of a credit provider that the person has committed a serious credit infringement. The page does not define serious credit infringement. A credit score created by the body from those types can also be included. A credit provider is not permitted to give the body any other information about consumer credit activities for inclusion in the report. The page's example is income: it cannot be given for inclusion, though the provider may still use it to decide whether to give credit, and a provider that is an APP entity must still comply with the Australian Privacy Principles. A credit reporting body is not permitted to handle any other information about consumer credit activities than the listed information. The report may contain specific types of personal information about commercial credit that was applied for. The credit reporting laws do not apply to other personal information about commercial credit activities. They do determine when a provider can handle the consumer credit report for an application for commercial credit. Section 21C requires a provider to notify the person that personal information is likely to be given to credit reporting bodies. The page says some providers must provide it under mandatory consumer credit reporting rules, and that providers generally publish a statement of notifiable matters and a privacy policy. It does not set out the contents of the notification. A provider is not required to obtain consent to get a copy of the report to assess an application. The requirement is notification. Buy now pay later is described as a type of credit under the National Credit Code, so those arrangements may appear. The person can access the report for free once every 3 months. The tool does not re-decide whether a default may be listed, whether a missed payment may be shown, how long an item stays, or how a hardship arrangement is recorded. Those are separate checks. The tool does not draft the statement of notifiable matters.
- What the lawyer must review
- The lawyer decides whether the item is one of the listed types, whether anything outside the list is being passed on, and the notification that is given.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the item the lawyer supplies, mark whether it is a type the OAIC page says can be included in a consumer credit report. The types are full name; date of birth; sex; current or last known address and the previous two addresses; the name of the current or last known employer; driver's licence number; the names of credit providers who have provided consumer credit and whether they are licensed by ASIC; the type of consumer credit; the day it was made available and, if relevant, terminated; the limit; certain terms and conditions, including limited information about repayment and interest obligations; repayment history information about whether a payment was on time or missed; financial hardship information reported against repayment history; that a credit provider requested access for an application for consumer or commercial credit; the type and amount of credit sought in that application; that the person defaulted on a consumer credit payment of $150 or more, which the page says means at least 60 days overdue; a statement that a recorded default has since been paid; that, because of a default, the terms were varied or new consumer credit was provided; a court judgment relating to credit provided or applied for; certain National Personal Insolvency Index information, including bankruptcy and debt agreements; certain publicly available information about activities in Australia and creditworthiness, which a credit reporting body can collect only where it is generally available to the public and is collected from an agency or a state or territory authority; and the opinion of a credit provider that the person has committed a serious credit infringement. The page does not define serious credit infringement. A credit score created by the body from those types can also be included. A credit provider is not permitted to give the body any other information about consumer credit activities for inclusion in the report. The page's example is income: it cannot be given for inclusion, though the provider may still use it to decide whether to give credit, and a provider that is an APP entity must still comply with the Australian Privacy Principles. A credit reporting body is not permitted to handle any other information about consumer credit activities than the listed information. The report may contain specific types of personal information about commercial credit that was applied for. The credit reporting laws do not apply to other personal information about commercial credit activities. They do determine when a provider can handle the consumer credit report for an application for commercial credit. Section 21C requires a provider to notify the person that personal information is likely to be given to credit reporting bodies. The page says some providers must provide it under mandatory consumer credit reporting rules, and that providers generally publish a statement of notifiable matters and a privacy policy. It does not set out the contents of the notification. A provider is not required to obtain consent to get a copy of the report to assess an application. The requirement is notification. Buy now pay later is described as a type of credit under the National Credit Code, so those arrangements may appear. The person can access the report for free once every 3 months. The tool does not re-decide whether a default may be listed, whether a missed payment may be shown, how long an item stays, or how a hardship arrangement is recorded. Those are separate checks. The tool does not draft the statement of notifiable matters. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Match the item to a type the page lists, and stop income and any other consumer-credit item the page says cannot be given for inclusion.
- Record that a credit enquiry needs notification, not consent, and do not invent the contents of the statement of notifiable matters.
- Do not redefine a default, a missed payment, a retention period or a hardship arrangement. Do not define serious credit infringement. The page does not.
Sources
- OAIC: Information on your credit report · 2026-10-22
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.