Australian Postal Corporation Regulations (Amendment) 1992 No. 132
EXPLANATORY STATEMENT STATUTORY RULES 1992 No. 132
Issued by authority of the Minister for Land Transport Australian Postal Corporation Act 1989
Australian Postal Corporation Regulations (Amendment)
Section 102 of the Australian Postal Corporation Act 1989 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.
Subsection 92(1) of the Act prohibits an employee of Australia Post from disclosing any fact or document relating to postal or telecommunications services provided, or to be provided, by Australia Post or the affairs or personal particulars (including any address) of another person that has come to the employee's knowledge or possession as a consequence of the person's employment with Australia Post.
Subsection 92(2) provides that the prohibition on disclosure does not apply where the disclosure of a fact or document is made by an employee in the performance of his or her duties as an employee, as a witness summonsed to give evidence, or to produce documents in a court of law, under the requirements of a law of the Commonwealth or in circumstances prescribed under paragraph 92(2)(d).
The Australian Postal Corporation Regulations (Amendment) extend the circumstances of disclosure to allow employees to disclose information to law enforcement bodies, or to disclose information relating to a person's affairs or personal particulars (including any address) in circumstances which are consistent with Information Privacy Principle (IPP) 11 which is contained in section 14 of the Privacy Act 1988.
Details of the amendments to the Australian Postal Corporation Regulations (the Regulations) are as follows:
Regulation 1 provides that the Regulations are amended as provided for in regulation 2.
Regulation 2 provides for the inclusion in the Regulations of new Part 4 - Disclosure of Facts and Documents which specifies those additional circumstances in which an Australia Post employee may disclose information.
New regulation 20 in Part 4 prescribes the circumstances of disclosure for the purposes of paragraph 92(2)(d) of the Act.
Paragraph 20(a) enables disclosure to an authorised officer or employee of the Australian Security Intelligence Organization (ASIO) in connection with the performance of ASIO's functions.
Paragraph 20(b) enables disclosure which is reasonably necessary for the enforcement of the criminal law, a Commonwealth law imposing pecuniary penalty or for the protection of the public revenue. This provision is consistent with paragraph (1)(e) of IPP 11. Paragraph 20(b) will enable the details of the users of post office boxes who are using these boxes to avoid identification in, or in relation to, the commission of offences to be disclosed to law enforcement agencies.
Paragraph-20(c) enables disclosure of information relating to:
the affairs or personal particulars of a person in circumstances where the person is reasonably likely to have been aware, or made aware, that information of that kind is usually disclosed in the circumstances; or
the person has consented to the disclosure in the circumstances concerned; or
the person who makes the disclosure believes on reasonable grounds that the disclosure is necessary to prevent or lesson a serious and imminent threat to the life or health of a person.
The circumstances of disclosure set out in paragraph 20(c) are consistent with those in paragraphs (1)(a) to (c) of IPP 11. Paragraph 20(c) will enable Australia Post to introduce a National Change of Address Service whereby, on the written election of a person, the person's new address is given to mailers in possession of the person's former address.
Overview
The Australian Postal Corporation Regulations (Amendment) 1992 No. 132, issued under the authority of the Minister for Land Transport, amends the Australian Postal Corporation Regulations to address specific concerns related to information disclosure by Australia Post employees. Enacted to supplement the Australian Postal Corporation Act 1989, these amendments extend the circumstances in which employees can lawfully disclose information, particularly to law enforcement bodies and in alignment with the Information Privacy Principle 11 of the Privacy Act 1988. The primary policy objective of these amendments is to balance the protection of personal information with the necessity for disclosure in certain critical situations, such as for law enforcement purposes or to prevent imminent threats to life or health. This legislative change aims to ensure that Australia Post can operate effectively within the regulatory framework while safeguarding privacy and supporting public safety.
Scope and Application
The Australian Postal Corporation Regulations (Amendment) 1992 No. 132 amends the existing regulations to specify additional circumstances under which employees of the Australian Postal Corporation (Australia Post) may disclose information. This amendment applies to all employees of Australia Post, extending the scope of permissible disclosures beyond what is stipulated in the Australian Postal Corporation Act 1989. The primary focus of the amendment is to permit disclosures that align with the Information Privacy Principles outlined in the Privacy Act 1988, while maintaining the confidentiality of sensitive information obtained in the course of employment. The regulation allows for disclosures to law enforcement agencies, such as the Australian Security Intelligence Organisation (ASIO), and for the enforcement of criminal law, Commonwealth laws imposing pecuniary penalties, or the protection of public revenue. Furthermore, disclosures can be made when the individual concerned is likely to be aware that such information is usually disclosed in the circumstances, has consented to the disclosure, or when the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person. These provisions are designed to balance the privacy rights of individuals with the broader public interest and operational needs of Australia Post.
Key Provisions
The Australian Postal Corporation Regulations (Amendment) 1992 No. 132 (the Amendment) introduces new provisions under the Australian Postal Corporation Act 1989 (the Act) to expand the circumstances under which Australia Post employees may disclose information. Regulation 1 serves as the overarching amendment to the existing Australian Postal Corporation Regulations, while regulation 2 introduces a new Part 4 titled "Disclosure of Facts and Documents" (regulation 20). Regulation 20 specifies the additional circumstances under which an Australia Post employee may disclose information, which were previously restricted by subsection 92(1) of the Act. The new regulation 20(a) allows for disclosure to an authorised officer or employee of the Australian Security Intelligence Organization (ASIO) in connection with the performance of ASIO's functions. Regulation 20(b) permits disclosure that is reasonably necessary for the enforcement of criminal law, a Commonwealth law imposing a pecuniary penalty, or for the protection of the public revenue. This provision aligns with Information Privacy Principle (IPP) 11 of the Privacy Act 1988.
The obligations imposed by the Amendment on Australia Post employees include adherence to the expanded disclosure provisions outlined in regulation 20. Employees must ensure that any disclosure made is within the parameters specified, such as to authorised ASIO personnel, for law enforcement purposes, or in circumstances consistent with IPP 11. This includes maintaining confidentiality regarding postal and telecommunications services unless disclosure is explicitly permitted or required by law. Employees must also be vigilant in ensuring that any disclosure complies with the Privacy Act 1988 and the specific conditions set out in the new regulation.
Failure to comply with the provisions of the Australian Postal Corporation Regulations (Amendment) could result in civil or criminal consequences. While the Amendment does not explicitly state maximum penalties for breaches, breaches of the Privacy Act 1988, to which the Amendment aligns its disclosure provisions, can result in significant penalties. For instance, individuals and organisations can be fined up to $2.1 million for serious or repeated breaches of the Australian Privacy Principles, with corporations facing additional penalties of up to $10.5 million. Moreover, individuals involved in the breach may face imprisonment. It is important for Australia Post employees to understand these potential consequences and to strictly adhere to the new disclosure regulations to avoid any legal repercussions.