Electoral and Referendum Amendment Regulations 2000 (No. 1) 2000 No. 47
EXPLANATORY STATEMENT
Statutory Rules 2000 No. 47
Issued by the authority of the Special Minister of State
Commonwealth Electoral Act 1918
Electoral and Referendum Amendment Regulations 2000 (No. 1)
Section 395 of the Commonwealth Electoral Act 1918 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.
Sections 91 and 91A of the Act provide, among other things, that in relation to electoral. rolls and habitation indexes, the Regulations may prescribe the purposes for which the information may be disclosed and the authorities to whom disclosure may be made.
The Regulations amend the Electoral and Referendum Regulations 1940 to update references to the purposes for which and the authorities to whom information can be disclosed for the purposes of Sections 91 and 91A of the Act.
Regulation 10 prescribes:
* medical research conducted in accordance with the National Health and Medical Research Council's Guidelines for the Protection of Privacy in the Conduct of Medical Research, issued under section 95(1) of the Privacy Act 1988, and,
* public health screening programs, conducted in accordance with the Guidelines for the Conduct of Public Health Screening Programs with particular reference to Privacy and the Management of Personal Information issued by the Department of Human Services and Health,
as permitted purposes under subsections 91(4A)(e), 91A(1) and 91A(2A) of the Act for the provision and use of electoral information on tape or disk.
A review of the Guidelines for the Protection of Privacy in the Conduct of Medical Research has recently been completed and the revised guidelines were gazetted on 22 March 2000.
Regulation 10(a)(ii) specifies the gazettal date of the Guidelines for the Protection of Privacy in the Conduct of Medical Research as 21 June 1995 and therefore required amendment to delete the gazettal date of the superseded guidelines and replace it with the gazettal date of the revised guidelines.
In Regulation 10(b)(i), "approved by the Secretary to the Department of Human Services and Health" required amendment to "approved by the Secretary of the Department of Health and Aged Care" to reflect section 11 of the Public Employment (Consequential And Transitional) Amendment Act 1999. Under section 11, the title of each Secretary of a core Department was changed from 'Secretary to' to 'Secretary of. The amendment also reflects the current name of the department.
Schedule 2 lists the Commonwealth Departments and Authorities that are entitled to receive information which discloses the particulars of occupations, gender or dates of birth of electors for the purposes of 91(10) and 91(11) of the Act.
The amendments to Schedule 2 in general reflect changes to the names of specified departments and authorities and the transfer of functions between certain specified departments.
The Regulations commenced on gazettal.
Overview
The Electoral and Referendum Amendment Regulations 2000 (No. 1) were enacted in 2000 by the authority of the Special Minister of State and are issued under the Commonwealth Electoral Act 1918. These regulations were introduced to update the Electoral and Referendum Regulations 1940 in relation to the disclosure of electoral information, ensuring compliance with modern privacy guidelines and departmental restructuring. The primary objective of these amendments is to align the regulations with the revised Guidelines for the Protection of Privacy in the Conduct of Medical Research and to reflect changes in departmental titles and functions as stipulated by the Public Employment (Consequential And Transitional) Amendment Act 1999. By updating references to authorities and purposes for which electoral information can be disclosed, the Regulations aim to maintain the integrity and confidentiality of electoral data while facilitating necessary research and public health initiatives.
Scope and Application
The Electoral and Referendum Amendment Regulations 2000 (No. 1) serves to amend the Electoral and Referendum Regulations 1940, updating the references to the purposes for which and the authorities to whom electoral information can be disclosed. These regulations apply to the Commonwealth of Australia and are made under the authority of the Special Minister of State as provided by Section 395 of the Commonwealth Electoral Act 1918. The regulations specifically address the disclosure of electoral information on tape or disk, aligning with Sections 91 and 91A of the Act. They provide authorised purposes for the use of such information, including medical research conducted in accordance with the National Health and Medical Research Council's Guidelines for the Protection of Privacy in the Conduct of Medical Research, and public health screening programs that adhere to the Guidelines for the Conduct of Public Health Screening Programs with particular reference to Privacy and the Management of Personal Information issued by the Department of Health and Aged Care. These amendments ensure that the regulations reflect current legal and departmental changes, including the revised guidelines for medical research privacy and the renaming of the department responsible for health. The Regulations commenced on gazettal and thus are immediately applicable.
Key Provisions
The Electoral and Referendum Amendment Regulations 2000 (No. 1) (the Regulations) update the Electoral and Referendum Regulations 1940 to align with the requirements of the Commonwealth Electoral Act 1918 (the Act). Regulation 10, in particular, modifies the permitted purposes for which electoral information can be disclosed, specifically for medical research and public health screening programs. Under the Act, these purposes are allowed as long as they comply with the National Health and Medical Research Council's Guidelines for the Protection of Privacy in the Conduct of Medical Research and the Guidelines for the Conduct of Public Health Screening Programs with particular reference to Privacy and the Management of Personal Information issued by the Department of Health and Aged Care. The Regulations ensure that any disclosure of electoral information for these purposes adheres to the most current guidelines, which have been updated to reflect legislative and departmental name changes.
The Regulations impose specific obligations on the entities involved in the disclosure of electoral information. They require that any use of electoral information for medical research or public health screening must strictly follow the updated privacy guidelines. For example, Regulation 10(a)(ii) mandates that the gazettal date of the Guidelines for the Protection of Privacy in the Conduct of Medical Research be updated to reflect the latest revisions. Additionally, entities must ensure that the information provided to departments or authorities is accurate and used solely for the purposes outlined in the Act. This includes adhering to the changes in departmental titles and functions, as seen in the amendments to Schedule 2, which lists the Commonwealth Departments and Authorities entitled to receive certain electoral information.
Failure to comply with the provisions of the Regulations can result in significant legal consequences. While the Regulations do not explicitly state penalties for non-compliance, breaches of the Act or the Regulations can lead to fines and other legal actions. For instance, misuse of electoral information could result in civil or criminal penalties, depending on the severity of the breach. The maximum penalties for offences under the Act can be substantial, reflecting the importance of protecting electoral data and ensuring that it is used appropriately. Entities must therefore ensure that they are fully aware of and adhere to the requirements set out in the Regulations to avoid any legal repercussions.