Privacy (Private Sector) Amendment Regulations 2011 (No. 1)

EXPLANATORY STATEMENT

Select Legislative Instrument 2011 No. 47

Issued by the Authority of the Minister for Privacy and Freedom of Information

Privacy Act 1988

Privacy (Private Sector) Amendment Regulations 2011 (No. 1)

Subsection 100(1) of the Privacy Act 1988 (the Act) provides that the Governor‑General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Privacy Advisory Committee

Section 82 of the Act provides for the establishment of the Privacy Advisory Committee (the Committee).

Section 88 of the Act provides for a member appointed to the Committee to be paid a travelling allowance in accordance with the regulations.

The purpose of item 1 of Schedule 1 of the Regulations is to provide for a travelling allowance for members of the Committee.

Centrelink eServices

The Act establishes, among other things, the National Privacy Principles (NPPs) which regulate the collection, use, disclosure and storage of personal information by private sector organisations.

The purpose of items 2 and 3 of Schedule 1 of the Regulations is to allow greater access to Centrelink records, in order to determine whether a person is entitled to receive a service or assistance.

NPP 7.2 provides that a private sector organisation must not use or disclose an identifier assigned to an individual by a Commonwealth agency, or by an agent or contracted service provider to that agency, except in specified circumstances.  These include where the use or disclosure is by a prescribed organisation of a prescribed identifier in prescribed circumstances (paragraph (c) of NPP 7.2).

The Centrelink Customer Reference Number is an identifier for the purposes of NPP 7.  The Privacy (Private Sector) Regulations 2001 prescribe as an exception to the prohibition in NPP 7.2, organisations permitted to use the Centrelink Customer Reference Number for the purpose of accessing the Centrelink Confirmation eServices.

Centrelink’s Confirmation eServices comprises three distinct services:  Customer Confirmation; Income Confirmation; and Superannuation Confirmation.  These amendment Regulations insert 20 additional organisations into the lists of prescribed organisations allowed to use and disclose the Centrelink Customer Reference Number for the purpose of making a Customer Confirmation or Income Confirmation enquiry, and removing or amending others as required.

The release of Centrelink customers’ information through the Centrelink Confirmation eServices will only occur with the customer’s consent.  In addition, the use and disclosure of the Customer Reference Number by these private sector organisations is in each case for the benefit of the individual concerned.  It removes the need for customers to go into a Centrelink office to obtain written proof of their eligibility and verification will occur on-line in real time, providing up to date eligibility information.

The Office of the Australian Information Commissioner has been consulted on the regulations.

Details of the Regulations are set out in the Attachment.  

The Act specifies no other conditions that need to be satisfied before the power to make the Regulations may be exercised.

The Regulations are legislative instruments for the purposes of the Legislative Instruments Act 2003.

The Regulations commence on the day after they are registered.

ATTACHMENT

PRIVACY (PRIVATE SECTOR) AMENDMENT REGULATIONS 2011
(NO. 1)

Regulation 1 – Name of Regulations

This regulation provides that the title of the Regulations is the Privacy (Private Sector) Amendment Regulations 2011 (No. 1).

Regulation 2 – Commencement

This regulation provides that the Regulations commence on the day after they are registered.

Regulation 3 – Amendment of Privacy (Private Sector) Regulations 2001

This regulation provides that the Privacy (Private Sector) Regulations 2001 (the Principal Regulations) are amended as set out in Schedule 1.

Schedule 1 – Amendments

Item [1] – Part 4

This item inserts a new Part into the Act after Part 3. This Part provides for a travelling allowance to be paid to members of the Privacy Advisory Committee. This allowance is payable to the member at the rate determined by Remuneration Tribunal Determination 2004/03.

Item [2] – Schedule 3, Part 1

This item substitutes the list of organisations in Part 1 of Schedule 3 to the Principal Regulations.

The substitute Part 1 of Schedule 3 renumbers the currently listed organisations and includes the following 11 additional organisations that are allowed to use and disclose the Customer Reference Number for the purpose of making a Customer Confirmation in Schedule 3, Part 1:

• item 1 – Actew Corporation Limited
• item 19 – Energy Australia
• item 23 – Hearing Retail Group Pty Limited
• item 30 – Lady Gowrie Child Care Centre
• item 36 – Option One Pty Ltd.
• item 42 – Powerdirect Pty Ltd.
• item 48 – Sonic Innovations Pty Ltd
• item 50 – Southern Cross Care (WA) Inc
• item 56 – Tasmanian Water and Sewerage Corporation (Northern Region) Pty Limited
• item 57 – Tasmanian Water and Sewerage Corporation (North-Western Region) Pty Limited
• item 58 – Tasmanian Water and Sewerage Corporation (Southern Region) Pty Limited

In addition, the following amendments are made to Part 1 of Schedule 3 to reflect changes of business name on behalf of organisations previously prescribed:

• item 31 – Lumo Energy Australia (previously Victoria Electricity Pty Ltd)
• item 45 – Ruah Community Services (previously Daughters of Charity Services (WA))

Finally, the following items would be removed:

• current item 19 – Energy One Limited
• current item 27 – Jackgreen (International) Pty Limited
• current item 39 – Queensland Electricity Pty. Ltd

Item [3] – Schedule 4

This item substitutes the lists of organisations in Schedule 4 to the Principal Regulations.

The substitute Schedule 4 renumbers the currently listed organisations and includes the following nine additional organisations that are allowed to use and disclose the Customer Reference Number for the purpose of making an Income Confirmation enquiry in Schedule 4:

• item 21 – Baptist Care (SA) Incorporated
• item 39 – Central Queensland University
• item 51 – Community Rent Scheme Assoc Townsville Inc
• item 76 – Health Support Services (NSW)
• item 103 – Marrickville Community Training Centre Inc
• item 117 – Multilink Community Services Inc
• item 154 – Southern Cross Care (WA) Inc
• item 172 – The Flinders University of South Australia
• item 202 – Victorian Association for the Care and Resettlement of Offenders

In addition, the following amendments are made to Schedule 4 to reflect changes of business name on behalf of organisations previously prescribed:

• item 55 – Djerriwarrh Employment & Education Services Inc. (previously Djerriwarrh Employment & Education Services Inc)
• item 86 – Kildonan Uniting Care (previously Kildonan Child & Family Services)
• item 93 – Link Housing Ltd (previously North Shore Community Housing Limited)
• item 140 - Ruah Community Services (previously Daughters of Charity Services (WA))
• item 199 – Upper Murray Family Care Inc. (previously Upper Murray Family Care Inc)
• item 204 – Wentworth Community Housing Limited (previously Wentworth Community Housing Ltd)
• item 211 – WHK Financial Planning Pty Ltd (previously Investor Financial Planning Pty Ltd)

Finally, the following items are removed:

• current item 51 – Cumberland Housing Co-op Ltd
• current item 75 – Hills Vales and Coast Housing Co Op
• current item 113 – Murdoch University
• current item 205 – Western Suburbs Housing Cooperative Ltd