Australian Postal Corporation Regulations (Amendment) 1993 No. 238
EXPLANATORY STATEMENT STATUTORY RULES 1993 No. 238
Issued by the authority of the Minister for Communications
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:
the contents of articles carried by post;
postal or telecommunications services provided to another person 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 is made by an employee in the performance of his or her duties, 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).
Regulation 20 of the Australian Postal Corporation Regulations (the Regulations) prescribes the following circumstances for the purposes of paragraph 92(2)(d):
a disclosure relating to services provided by Australia Post or the affairs or personal particulars of a person (but not the contents of postal articles) where the disclosure is made:
- to an authorised officer or employee of the Australian Security Intelligence organization; or
- because it is reasonably necessary for the enforcement of a Commonwealth, State or Territory criminal law, a Commonwealth law imposing a pecuniary penalty or for the protection of the public revenue;
a disclosure relating to the contents of postal articles:
- under a search warrant issued under a Commonwealth, State or Territory law; or
- in response to an order for production issued by the Crimes Commission or the Independent Commission Against Corruption of New South Wales or the Criminal Justice Commission of Queensland;
a disclosure of a person's name or address made on or before 30 September 1993 with the person's consent on a form obtained from a Queensland post office.
The purpose of the last-mentioned exception is to enable Australia Post to operate a National Change of Address service on a trial basis in Queensland until 30 September 1993.
The National Change of Address service is a mail redirection service where a customer consents in writing to provide their new address to nominated mailers (such as banks and utilities) who are in possession of the customer's former address.
Subregulation 20(4) is a sunset provision under which regulation 20 ceases to have effect 12 months after it commences (ie. on 30 November 1993). The sunset provision was included to comply with an undertaking made to the Senate Standing Committee on Regulations and ordinances by the previous Minister for Land Transport, Bob Brown MP, that regulation 20 would be given a limited life during which time it was proposed to place the content of regulation 20 in primary legislation.
Amendments to section 92 of the Act to permit Australia Post to operate a National Change of Address Service were introduced into Parliament on 26 May 1993 in the Transport and Communications Legislation Amendment Bill 1993.
Further amendments to the Act are proposed to place the remainder of the content of regulation 20 in the Act. However, during the course of consultations with the Attorney-General's Department and the Privacy Commissioner on the nature of the amendments, it has become apparent that a more major review of the content of regulation 20 is needed, which may involve more significant amendments to the Act.
Due to the pressures on the legislation program for the Budget sittings 1993, it is probable that legislation will not be available in time for passage before the sunset provision operates. It is also possible that the Transport and Communications Legislation Amendment Bill 1993 will not be passed in time for the amendments implementing the National Change of Address scheme to commence before the 30 September 1993 date which relates to the Queensland trial of the scheme.
The amendments to the Regulations extended the period of operation of Regulation 20 to 30 June 1994 to ensure that Australia Post customers did not suffer loss of service and that there is continued access to postal information for law enforcement matters, pending the Parliament's consideration of the proposed legislation. The 30 June date should give the Parliament sufficient time to properly consider the proposed legislation during the Autumn sittings 1994.
The amending Regulations commenced on the date of Gazettal.
Overview
The Australian Postal Corporation Regulations (Amendment) 1993 No. 238 were enacted to amend existing regulations under the Australian Postal Corporation Act 1989. This legislation was introduced to address a gap concerning the disclosure of postal information by Australia Post employees, particularly in relation to the operation of a National Change of Address service. The primary objective of these regulations is to ensure that Australia Post can legally operate this service while maintaining strict confidentiality protocols for sensitive information, except under specific circumstances such as legal requirements or for law enforcement purposes. These amendments were made under the authority of the Minister for Communications and were intended to provide a temporary extension to the existing regulations to avoid any disruption in service while awaiting further legislative amendments.
Scope and Application
The Australian Postal Corporation Regulations (Amendment) 1993 No. 238 pertain to the Australian Postal Corporation Act 1989, applying to employees of Australia Post, the national postal service provider, in relation to the handling and disclosure of sensitive information. These regulations are specifically designed to protect the confidentiality of postal articles' contents, the details of postal and telecommunications services provided, and the personal particulars of individuals. They establish exceptions where disclosure is permissible, such as in the performance of duties, under legal requirements, or for specific enforcement and investigative purposes. These regulations have a national reach, impacting all states and territories of Australia. Notably, they include a sunset provision, which was initially set to expire on 30 November 1993, but was later extended to 30 June 1994 to allow sufficient time for legislative amendments to be considered and enacted by the Parliament. This extension aimed to ensure continuity of service and access to postal information for law enforcement, while awaiting the outcome of proposed legislative changes.
Key Provisions
The Australian Postal Corporation Regulations (Amendment) 1993 No. 238, issued under the authority of the Minister for Communications, modifies the Australian Postal Corporation Regulations to align with changes proposed in the Transport and Communications Legislation Amendment Bill 1993. These regulations operate under section 102 of the Australian Postal Corporation Act 1989 (the Act) which allows the Governor-General to make regulations for the purposes of the Act. Specifically, these amendments focus on the disclosure provisions outlined in section 92 of the Act, which currently prohibit Australia Post employees from disclosing information relating to postal articles, services, or personal particulars of individuals that they come across in the course of their employment. The disclosure is generally prohibited unless it falls under specific exceptions, such as when made in the performance of duties, under legal compulsion, or in certain other prescribed circumstances.
Regulation 20 of the amended Australian Postal Corporation Regulations outlines the circumstances under which the disclosure prohibition does not apply. For instance, disclosures to authorised officers of the Australian Security Intelligence Organisation or in relation to enforcement of criminal laws or public revenue protection are permissible. Additionally, disclosures regarding postal article contents are allowed under search warrants or specific orders from designated law enforcement bodies. A notable exception allows the disclosure of personal names or addresses in Queensland, subject to consent, as part of a trial for a National Change of Address service, which was to conclude on 30 September 1993. This service facilitates mail redirection by allowing customers to provide their new addresses to selected mailers.
The amended Regulations impose obligations on Australia Post employees to adhere strictly to the confidentiality provisions unless the exceptions apply. These exceptions are narrowly defined to ensure that the sensitive nature of personal and service-related information is protected while still allowing for necessary disclosures in specific circumstances. The obligations extend to ensuring that all disclosures are made in accordance with the stipulated legal frameworks, such as under search warrants or orders from authorised bodies.
Breaches of these disclosure provisions may result in civil or criminal consequences. The penalties for unauthorised disclosures could potentially include fines or other sanctions under relevant Commonwealth, State, or Territory laws. Although the specific penalties are not detailed in the Explanatory Statement, they would typically align with the severity and impact of the breach, reflecting the importance of maintaining the confidentiality and integrity of personal and service information handled by Australia Post. The amendments also include a sunset provision, where Regulation 20 ceases to have effect on 30 November 1993, which was later extended to 30 June 1994, to allow sufficient time for legislative review and potential incorporation into primary legislation.