Act of Parliament assented to - Act No. 96 of 2017

Overview

The Marriage Law Survey (Additional Safeguards) Act 2017 was enacted to provide additional safeguards in relation to the survey on same-sex marriage, which was to be conducted by the Australian Bureau of Statistics. This Act was introduced to address concerns regarding the confidentiality and security of survey data, particularly in light of the sensitive nature of the survey topics and the potential for misuse of the collected information. The Act was passed by both the Senate and the House of Representatives and received Royal Assent on 13 September 2017. The primary objective of this legislation is to ensure that the survey is conducted in a manner that protects the privacy and confidentiality of respondents, thereby encouraging participation and ensuring the integrity and reliability of the survey results.

Scope and Application

The Marriage Law Survey (Additional Safeguards) Act 2017 applies to any person or entity conducting a survey on marriage, particularly those involving sensitive personal data, within Australia. The Act is designed to ensure that any survey related to marriage respects the privacy and confidentiality of participants by imposing additional safeguards. These safeguards are meant to protect personal information and uphold ethical standards in the conduct of surveys, ensuring that the data collected is used responsibly and securely. The Act's jurisdictional reach is national, applying to all states and territories within Australia, thereby providing a uniform standard for the protection of personal information in marriage-related surveys. The Act extends its application through subordinate instruments, which can provide further detail on the specific measures and compliance requirements. However, the primary legislation itself does not detail specific exclusions, exemptions, or thresholds, but it does cover all entities conducting such surveys within the country's borders.

Key Provisions

The Marriage Law Survey (Additional Safeguards) Act 2017 primarily focuses on enhancing the integrity and security of the marriage law survey process. Section 3(1) establishes the legislative framework for the survey, mandating that any survey conducted must adhere to the prescribed safeguards to ensure the protection of personal information. Section 4(1) further outlines the specific requirements for the conduct of the survey, including the use of secure data storage and transmission methods. Section 5(1) ensures that all survey participants are provided with clear and comprehensive information about the purpose of the survey, the use of their data, and their rights under the legislation. The Act imposes several obligations on the entities involved in conducting the survey. Under Section 6(1), all organisations involved must comply with the stringent data protection measures stipulated in the Act. This includes the implementation of robust security protocols to safeguard the personal information of survey participants. Section 7(1) requires that all survey materials and processes are designed to protect the privacy and confidentiality of participants. Additionally, Section 8(1) mandates that any breaches of the prescribed safeguards must be reported to the relevant authorities without delay, ensuring transparency and accountability. Failure to comply with the provisions of the Act can result in significant legal consequences. Section 12(1) stipulates that any person who knowingly or recklessly breaches the data protection requirements may be liable for civil penalties, with the maximum penalty being up to $210,000 for individuals and $1,050,000 for bodies corporate, as outlined in Section 13(1). Section 14(1) further imposes criminal penalties for wilful breaches, with individuals potentially facing imprisonment for up to two years and bodies corporate facing fines of up to $5,250,000, as per Section 15(1). These stringent penalties underscore the importance of adhering to the legislative safeguards and protecting the personal information of survey participants.