Privacy Committee Act 1984 (Qld)

609 (ueekts {ani t ANNO TRICESIMO TERTIO ELIZA ET AE SE C UN D AE REGINAE No. 57 of 1984 An Act to provide for the constitution of a Privacy Committee, to define its powers and functions and for purposes connected therewith [ASSENTED TO 15TH MAY, 1984]

610 Privacy Committee Act 1984, No. 57 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title . This Act may be cited as the Privacy Committee Act 1984. 2. Commencement . (1) Section 1 and this section shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), this Act shall commence on a day appointed by Proclamation. 3. The Crown . This Act binds the Crown in right of Queensland and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. 4. Interpretation . In this Act, unless the contrary intention appears- " Committee " means the Privacy Committee constituted under this Act; " functions " includes duties; " member " means a member of the Committee; Minister " means the Minister for Justice and Attorney-General or other Minister of the Crown who, at the material time, is charged with the administration of this Act and includes any Minister of the Crown who is temporarily performing the duties of the Minister; " powers " includes authorities. 5. Privacy Committee . (1) There shall be a Privacy Committee which shall have and may exercise and perform the powers and functions conferred and imposed on it by this Act. (2) The Committee shall consist of 7 members appointed on the recommendation of the Minister by the Governor in Council by notification published in the Gazette. (3) The Minister shall not recommend that a person be appointed as a member of the Committee unless in his opinion that person has a special knowledge of, or interest in, matters affecting the privacy of persons. 6. Term of office . Subject to this Act, a member shall hold office until the expiry of this Act. 7. Vacating member's office . (1) A member may, by writing addressed to the Minister, resign his office at any time. (2) The Governor in Council may at any time remove a member from office.

Privacy Committee Act 1984, No. 57 611 (3) A member shall be deemed to have vacated his office- (a) in the event of his resignation, upon the receipt by the Minister of his notice of resignation; (b) in the event of his removal, upon the issue by the Minister of notice of his removal; (c) in the event of his absence without the Committee's leave first obtained from 3 consecutive ordinary meetings of the Committee of which notice has been duly given to him; (d) if he becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes any assignment of his estate for their benefit. (4) For the purposes of subsection (3) (c)- (a) the non attendance of a member at the time and place appointed for an ordinary meeting shall not constitute absence from that meeting unless a meeting of the Committee at which a quorum is present is actually held on that day; (b) the attendance of a member at the time and place appointed for an ordinary meeting shall be deemed to constitute presence at an ordinary meeting notwithstanding that by reason of the lack of a quorum a meeting is not actually held on that day; (c) the names of the members who attend at the time and place appointed for an ordinary meeting shall be entered in the minute book. 8. Casual vacancy in member ' s office . (1) A casual vacancy shall be taken to arise in the office of a member- (a) if he dies; (b) if his office becomes vacant as prescribed by section 7. (2) If a casual vacancy occurs in the office of a member another person shall be appointed as a member in accordance with section 5, to fill that vacancy. (3) The appointment of a person appointed to fill a casual vacancy shall continue for as long as the appointment of his predecessor had the casual vacancy not occurred. 9. Chairman . The chairman of the Committee shall be appointed from the members by the Governor in Council by notification published in the Gazette and he shall hold his appointment as such until his office as a member is vacated or his term of appointment as a member expires, whichever event occurs first. 10. Appointment of secretary and other officers . (1) For the effectual administration of this Act, the Governor in Council may, by notification published in the Gazette, appoint a secretary to the Committee and such other officers as are in his opinion necessary to assist the Committee in the exercise of its powers and the performance of its functions.

612 Privacy Committee Act 1984, No. 57 (2) An officer of the Public Service of Queensland may, in addition to the position he holds therein, be appointed to and hold an office pursuant to subsection (1). (3) A person appointed pursuant to subsection (1) is an officer of the Committee. 11. Allowances. (1) Subject to subsection (2) each member shall be paid such allowances, if any, as are from time to time prescribed by Order in Council. (2) An allowance shall not be paid to a member who is an officer of the Public Service of Queensland for attendance at any meeting of the Committee held during the ordinary office working hours of that officer. (3) Each member shall be paid such expenses as are necessarily incurred by him in the discharge of his functions as a member where that payment is approved by the Minister. 12. Holder of office not affected by restrictive employment provisions. A provision of any enactment requiring the holder of an office to devote the whole of his time to the duties of his office or prohibiting him from engaging in employment outside the duties of his office shall not operate to hinder his holding that office and also that of member of the Committee or, subject to section 11 (2), his acceptance and retention of any allowance payable under this Act. 13. Minister may appoint person to assist Committee . (1) For the purpose of aiding the Committee in the exercise and performance of its powers and functions the Minister may by writing under his hand, appoint to assist the Committee a person who in his opinion possesses some specialist knowledge. (2) The terms and conditions under which a person is appointed pursuant to subsection (1) shall be those set forth in the instrument of appointment. (3) A person appointed pursuant to subsection (1) shall while his appointment continues, be an officer of the Committee. 14. Proceedings of the Committee . (1) The procedure for the calling of meetings of the Committee and for the conduct of business at those meetings shall, subject to this Act, be as determined by the Committee. (2) The person appointed under section 9 as chairman of the Committee shall preside at any meeting of the Committee at which he is present. (3) In the absence of that person, the members present at any meeting of the Committee shall appoint a chairman of that meeting from among their number.

Privacy Committee Act 1984, No. 57 613 (4) Four members shall form a quorum and any duly convened meeting of the Committee at which a quorum is present shall be competent to transact any business of the Committee and shall have and may exercise and perform all the powers And functions of the Committee. (5) The chairman of a meeting of the Committee shall, in the event of an equality of votes, have in addition to a deliberative vote, a second or casting vote. (6) A decision supported by a majority of the votes cast at a meeting of the Committee at which a quorum is present shall be the decision of the Committee. (7) The Committee shall cause full and accurate minutes to be kept of its proceedings at meetings and furnish copies of those minutes to the Minister. 15. Subcommittees . (1) The Committee may appoint such subcommittees (consisting of not less than 2 persons) of the Committee as it thinks fit to assist and advise it in connexion with the exercise or performance of its powers and functions or to exercise and perform, pursuant to a delegation made under section 16 the powers and functions of the Committee that have been delegated to the subcommittee. (2) The Committee may, with the approval in writing of the Minister, co-opt any person as a member of a subcommittee. (3) The procedure for the calling of meetings of a subcommittee and for the conduct of business at those meetings shall, subject to any direction given by the Committee, be as determined by the subcommittee. (4) A quorum of a subcommittee shall consist of one-half of the members of the subcommittee or, if that number is not a whole number, the number of members that is next above one-half of the members of the subcommittee and any duly convened meeting of a subcommittee at which a quorum is present shall be competent to transact any business of the subcommittee and shall have and may exercise and discharge all the powers and functions of the subcommittee. (5) A decision supported by a majority of the votes cast at a meeting of a subcommittee at which a quorum is present shall be the decision of the subcommittee. 16. Delegation . (1) Subject to subsection (2), the Committee may, by instrument in writing, delegate to a member, the members of a subcommittee of the Committee or an officer of the Committee the exercise or performance of any powers or functions of the Committee. (2) The Committee may not delegate the exercise or performance of- (a) the power conferred by subsection (1); or (b) any powers or functions to make any report under section 20 or 21.

6 14 Privacy Committee Act 1984, No. 57 (3) A delegation under this section may be made subject to conditions or limitations as to the exercise or performance of any powers or functions delegated or as to time or circumstances. (4) An instrument of delegation shall specify- (a) the powers or functions the exercise or performance of which is delegated; and (b) any conditions or limitations on the delegation. (5) The Committee may revoke a delegation under this section at any time. (6) Notwithstanding any delegation made under this section, the Committee may continue to exercise or perform all or any of the powers or functions delegated. (7) Any act or thing done, suffered or omitted pursuant to a delegation under this section has the same force and effect as if done, suffered or omitted by the Committee. 17. Powers and functions of the Committee . (1) Subject to this Act, the Committee- (a) may conduct research and collect and collate information in respect of any matter relating to the privacy of persons referred to it by the Minister; (b) may and, if directed by the Minister so to do, shall make reports and recommendations to the Minister in relation to any matter that concerns the need for or the desirability of legislative or administrative action in the interests of the privacy of persons; (c) may and, if directed by the Minister so to do, shall in relation to any matter relating to the privacy of persons generally disseminate information and undertake educational work; (d) may receive and investigate complaints about alleged violations of the privacy of persons. (2) Where the Committee conducts an investigation under subsection (1) (d) it shall report thereon only to the Minister. (3) Upon the conclusion of an investigation conducted under subsection (1) (d) the Committee shall- (a) where it is satisfied that no further action is warranted in respect of the matter to which the complaint relates, advise the complainant accordingly; and (b) in any other case, advise the complainant that a report has been or will be forwarded to the Minister but shall not advise the complainant of the contents of that report. (4) A report referred to in this section or any part of such a report shall not be published without the prior approval of the Minister (5) Any member may submit to the Minister a minority report or recommendation on any matter in respect of which the Committee makes a report or recommendation to the Minister.

Privacy Committee Act 1984 , No. 57 615 18. Refusal to investigate complaints . (1) The Committee may refuse to entertain a complaint, or, having commenced to investigate a matter raised in a complaint, may refuse to continue the investigation if it is of the opinion- (a) that the matter raised in the complaint is trivial; (b) that the complaint is frivolous or vexatious or is not made in good faith; (c) that the person aggrieved has not a sufficient direct interest in the matter raised in the complaint; or (d) that, having regard to all the circumstances of the case, the investigation, or the continuance of the investigation of the matter raised in the complaint, is unnecessary or unjustifiable. (2) Where the Committee refuses to entertain a complaint or refuses to continue an investigation of any matter raised in a complaint it shall inform the complainant of its decision. 19. Powers with respect to investigations . (1) For the purpose of conducting an investigation under section 17 (1) (d) the Committee may require any person- (a) to give any statement of information; (b) to produce any document or thing; or (c) to give a copy of any document, to a member of the Committee specified in the requirement and, in the case of a person appearing before the Committee, may require that person to answer any question. (2) The Committee shall set aside any requirement- (a) to give any statement of information; (b) to produce any document or thing; (c) to give a copy of any document; or (d) to answer any question, if it is made to appear to the Committee that- (e) any rule of law would in proceedings in a court of law justify an objection by any person to compliance with a like requirement on the grounds of State interest; or (f) any person has a ground of privilege whereby, in proceedings in a court of law, he would be entitled to resist a like requirement and it does not appear to the Committee that that person consents to compliance with the requirement. (3) Subject to subsection (2), the fact that a person of whom a requirement referred to in subsection (2) (a), (b), (c) or (d) is made is under any duty of secrecy or other restriction on disclosure (whether by reason of any Act, contract or otherwise) does not excuse that person from complying with that requirement.

616 Privacy Committee Act 1984, No. 57 (4) A requirement under subsection (1) (a), (b) or (c) shall be in writing, shall specify or describe the information, document or thing required, and shall fix a time for compliance. (5) The Committee may, with the approval of the Minister, pay a person who has complied with a requirement under subsection (1) (a), (b) or (c) his reasonable expenses of compliance in a sum assessed by the Committee. (6) Where, under subsection (1), a person is required to give a statement or answer a question and the giving of the statement or the answering of the question tends to incriminate that person, neither the requirement nor the statement or answer may be used in any proceedings against that person except proceedings under section 25. (7) Subsection (6) applies whether the person required to give a statement or answer a question objects to giving the statement or answering the question or not. 20. Ann ual report . (1) The Committee shall, as soon as practicable after the 31st December in each of the 4 years next occurring after the commencement of this Act, prepare and submit to the Minister a report of its work and activities for the 12 months preceding that date or, in the case of the first report, for the period from the date of the commencement of this Act until the 31st December next following that commencement. (2) The Committee shall, within the period of 30 days immediately preceding the date on which this Act expires prepare and submit to the Minister a report of its work and activities since the 1st January last occurring. (3) The Minister shall, as soon as practicable after the receipt by him of a report under subsection (1) or (2), lay the report before the Legislative Assembly. _21.S ial . report to Parliament . (1) The Committee may, at any time, make a special report to the Minister for laying before the Legislative Assembly on any matter arising in connexion with the exercise or performance of its powers and functions. (2) The Committee may include in a report under subsection (1) a recommendation that the report be made public forthwith. (3) Where a report under subsection (1) contains such a recommendation, the Minister may make it public notwithstanding that it has not been laid before the Legislative Assembly. 22. Authentication of instruments. An instrument the execution of which purports to be authorized by the Committee or a subcommittee of the Committee, if it is signed by 2 persons purporting to be members of the Committee or that subcommittee, shall, in the absence of evidence to the contrary, be deemed to be an instrument the execution of which is authorized by the Committee or that subcommittee.

Privacy Committee Act 1984, No. 57 617 23. Prohibition on disclosure by members and others . A member, a member of a subcommittee of the Committee or an officer of the Committee shall not disclose any information obtained by him in the course of his office, unless the disclosure is made- (a) for the purpose of any proceedings under section 25; or (b) for the purpose of the execution or administration of this Act. Penalty: $1000. 24. Members and others as witnesses . (1) A member, a member of a subcommittee of the Committee or an officer of the Committee shall not be competent or compellable to give evidence in respect of any information, or to produce in any proceedings any statement of information, any document or thing or any copy of a document, obtained by him in the execution or administration of this Act. (2) Subsection (1) does not apply in respect of any proceedings under section 25. 25. Offences . A person shall not- (a) without lawful excuse, wilfully obstruct, hinder or resist the Committee, a member, a subcommittee of the Committee, a member of a subcommittee of the Committee or an officer of the Committee in the exercise or performance of any of its or his powers or functions under this Act; (b) without lawful excuse, refuse or fail to comply with any lawful requirement of the Committee; or (c) wilfully make any false or misleading statement to the Committee, a member, a subcommittee of the Committee a member of a subcommittee of the Committee or an officer of the Committee in the exercise or performance of any of its or his powers or functions under this Act. Penalty : $1 000. 26. Offences . A person who contravenes or fails to comply with a provision of this Act commits an offence against this Act. 27. Proceedings for offences . A prosecution for an offence against this Act shall be by way of summary proceedings under the Justices Act1886-1982 on complaint by a person authorized in writing by the Minister. 28. Regulations . The Governor in Council may make regulations not inconsistent with this Act providing with respect to all matters, whether general or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act.

618 Privacy Committee Act 1984, No. 57 29. Duration of Act. This Act shall continue in operation for the period of 5 years from the date proclaimed under section 2 (2) and no longer.