Electoral and Referendum Regulations (Amendment) 1995 No. 190
EXPLANATORY STATEMENT
Statutory Rules 1995 No. 190
Issued by the authority of the Minister for Administrative Services
Commonwealth Electoral Act 1918
Electoral and Referendum Regulations (Amendment)
Section 395 of the Commonwealth Electoral Act 1918 (the CEA) provides that the GovernorGeneral may make regulations for the purposes of the CEA.
The amendments are to regulation 10 of the Electoral and Referendum Regulations in force under the CEA.
Regulation 10, which came into effect upon gazettal on 23 December 1993, prescribes:
• medical research conducted in accordance With the National Health and Medical Research Council's Guidelines for the Protection Privacy in the Conduct of Medical Research issued under section 95(1) of the Privacy Act 1988, and as gazetted on 1 July 1991; and,
• public health screening programmes 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 Health, Housing and Community Services and gazetted on the 1 December 1993.
as permitted purposes, under sub-sections 91(4A)(e), 91A(1) and 91A(2A) of the CEA, for the provision of enrolment information on tape or disk.
The Guidelines for the Protection of Privacy in the Conduct of Medical Research were due to have lapsed on 30 June 1994, however the Privacy Commissioner extended their operation in accordance with paragraph 3.18 of the guidelines, until 30 June 1995 to allow for completion of a review of the guidelines. The revised guidelines wore gazetted on 21 June 1995 with effect from 1 July 1995.
Regulation 10 specifically mentions the date of gazettal of these guidlines and therefore required amendment to delete the gazettal date of the superseded guidelines and replace it with the gazettal date of the revised guidelines.
The Department of Health, Housing, Local Government and Community Services is also mentioned twice. However the name of this department is now the Department of Human Services and Health. The amended Regulation 10 updates this name.
The amendments to regulation 10 commence on gazettal.
Overview
The Electoral and Referendum Regulations (Amendment) 1995 No. 190 was enacted to address the need for updating references within the Electoral and Referendum Regulations to reflect the most current guidelines and departmental names under the Commonwealth Electoral Act 1918. Issued by the authority of the Minister for Administrative Services, these amendments respond to changes in privacy guidelines and departmental restructuring. The primary policy objective of these amendments is to ensure the continued legality and relevance of the permitted purposes for the provision of enrolment information on tape or disk, aligning them with updated privacy standards and accurate departmental references. These amendments were made under the authority of the Parliament, ensuring the regulations remain effective and compliant with contemporary privacy laws and administrative structures.
Scope and Application
The Electoral and Referendum Regulations (Amendment) 1995 No. 190 pertains to the amendment of regulation 10 under the Electoral and Referendum Regulations established under the Commonwealth Electoral Act 1918. These amendments apply to entities involved in medical research and public health screening programs that require the provision of enrolment information on tape or disk. Specifically, the amendment updates the reference to the National Health and Medical Research Council's Guidelines for the Protection of Privacy in the Conduct of Medical Research, replacing the outdated gazettal date with the date of the revised guidelines. Additionally, the amendment rectifies the reference to the Department of Health, Housing, Local Government and Community Services by updating it to the current name, Department of Human Services and Health. These changes ensure that the regulations remain consistent with the most current guidelines and departmental nomenclature, thereby facilitating compliance with privacy standards for those entities utilising enrolment information for specified purposes. The amendments are effective from the date of gazettal and do not specify any exclusions or exemptions beyond those already outlined in the original regulations.
Key Provisions
The Electoral and Referendum Regulations (Amendment) 1995 No. 190 amends regulation 10 of the Electoral and Referendum Regulations under the Commonwealth Electoral Act 1918 (CEA). Regulation 10 permits the provision of enrolment information on tape or disk for certain purposes, specifically for medical research and public health screening programmes. Regulation 10(1) originally referenced outdated guidelines and departmental names that needed to be updated in line with current legal and administrative standards.
These amendments primarily serve to update the references within regulation 10 to reflect the most recent guidelines and departmental names. Regulation 10(1)(a) now references the revised Guidelines for the Protection of Privacy in the Conduct of Medical Research, which were extended by the Privacy Commissioner and subsequently updated and gazetted on 21 June 1995. Regulation 10(1)(b) now references the updated departmental name, changing from the Department of Health, Housing, Local Government and Community Services to the Department of Human Services and Health. These changes ensure that the regulation accurately reflects the current legal framework and administrative divisions.
Entities and individuals who rely on the provision of enrolment information for permitted purposes must ensure that their practices align with the updated guidelines and regulations. This includes ensuring that any medical research or public health screening programmes conducted under these provisions comply with the latest privacy guidelines and departmental directives. The requirement for updated references in regulation 10(1) ensures that the activities permitted under the CEA are conducted in accordance with the most current standards.
There are no specific offences, penalties, or civil/criminal consequences outlined in the Electoral and Referendum Regulations (Amendment) 1995 No. 190 for non-compliance with these amendments. However, entities that fail to comply with the updated guidelines and regulations could potentially face legal challenges or scrutiny in the context of the broader electoral and privacy laws. It is important for all parties involved to ensure their compliance with the amended regulation to avoid any potential legal issues.