Electoral and Referendum Regulations (Amendment) 1993 No. 356
EXPLANATORY STATEMENT
Statutory Rules 1993 No. 356
Issued by the authority of the Minister for the Arts and Administrative Services
Commonwealth Electoral Act 1918
Referendum (Machinery Provisions) Act 1984
Electoral and Referendum Regulations (Amendment)
Section 395 of the Commonwealth Electoral Act 1918 (the Act) provides that the Governor-General may make regulations for the purposes of the Act. Section 144 of the Referendum (Machinery Provisions) Act 1984 (the 1984 Act) provides that the Governor-General may make regulations for the purposes of the 1984 Act.
The proposed Regulations would amend the Electoral and Referendum Regulations which are in force under the Act and the 1984 Act.
Under section 91(4A)(e) of the Act the Commission may, on request, if it considers it appropriate, and subject to conditions (if any) it determines, provide to any person or organisation a copy on tape or disk of any Roll or of any supplement to a Roll.
Section 91A(1) of the Act provides that if a tape or disk has been provided under subsection 91(4A), a person must not use information obtained by means of the tape or disk except for a purpose that is a permitted purpose in relation to the person or organisation to which the tape or disk was provided.
Section 91A(2A) of the Act provides that the permitted purposes in relation to a person or organisation other than a Senator, member of the House of Representatives or political party are: any purpose in connection with an election or referendum; monitoring the accuracy of information contained in a Roll; and any other purpose that is prescribed.
The purpose of the proposed Regulations is to provide that:
• medical research conducted in accordance with the National Health and Medical Research Council's (NHMRC's) Guidelines for the Protection of Privacy in the Conduct of Medical Research issued by the NHMRC under section 95(1) of the Privacy Act 1988; and
• public health screening programs approved by the Secretary of the Department of Health, Housing, Local Government and Community Services and 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 that Department,
are permitted purposes for the use of a Roll provided to a person or organisation other than a Senator, Member of the House of Representatives or political party, on tape or disk.
The proposed Regulations commence on gazettal.
Overview
The Electoral and Referendum Regulations (Amendment) 1993 No. 356, issued under the authority of the Minister for the Arts and Administrative Services, amends the Electoral and Referendum Regulations that are in force under the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984. The amendments aim to address the need for the protection of privacy in the conduct of medical research and public health screening programs while still allowing for the use of electoral rolls for legitimate purposes. This regulatory change ensures that the use of electoral rolls for medical research and public health screening programs complies 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, Housing, Local Government and Community Services. The policy objective is to strike a balance between the need for accurate and reliable data for these purposes and the protection of personal privacy.
Scope and Application
The Electoral and Referendum Regulations (Amendment) 1993 No. 356 applies to the Electoral and Referendum Regulations in force under the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984. This Act and its Regulations govern the conduct of elections and referendums in Australia, and the Regulations themselves provide the administrative framework for these processes. The Regulations as amended now permit the use of electoral rolls for specific purposes under strict conditions, notably for 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 for public health screening programs approved by the Secretary of the Department of Health, Housing, Local Government and Community Services and conducted in accordance with their privacy guidelines. These amendments expand the permitted uses of electoral roll information beyond the traditional election-related purposes, introducing a controlled environment for its use in medical and public health initiatives. The Regulations apply across the Commonwealth of Australia and are effective upon gazette publication, thereby ensuring prompt implementation and adherence to the new provisions.
Key Provisions
The Electoral and Referendum Regulations (Amendment) 1993 No. 356 provides amendments to existing regulations under the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984. Specifically, section 91(4A)(e) of the Act allows the Commission to provide copies of electoral rolls or supplements to such rolls on tape or disk to any person or organisation upon request, subject to certain conditions. Section 91A(1) of the Act prohibits the use of information obtained from these tapes or disks except for specific permitted purposes. These permitted purposes for entities other than Senators, members of the House of Representatives, or political parties include any purpose related to an election or referendum, monitoring the accuracy of the information in the roll, and any other prescribed purpose (section 91A(2A) of the Act).
The primary obligations imposed by these regulations are centred on the appropriate use of electoral roll data. Any person or organisation that receives an electoral roll on tape or disk must ensure that they use the information solely for the purposes permitted under the Act. This includes using the data for activities connected with elections or referendums, ensuring the accuracy of the information in the electoral roll, and any other purposes as prescribed. Furthermore, the regulations require compliance with the National Health and Medical Research Council's (NHMRC) Guidelines for the Protection of Privacy in the Conduct of Medical Research and the Guidelines for the Conduct of Public Health Screening Programs, ensuring that any medical research or public health screening programs using electoral data adhere to strict privacy guidelines.
Failure to comply with the provisions outlined in these regulations can result in serious consequences. The Act does not explicitly state the penalties for breaches; however, unauthorised use of electoral data could potentially lead to legal action under various legislative frameworks, including the Privacy Act 1988. Such breaches may also result in civil or criminal penalties, depending on the nature and severity of the breach. The specifics of these penalties would be determined in the context of the broader legal framework and any applicable case law or regulations.