Dan Tehan (Wannon, Liberal Party, Minister Assisting the Prime Minister for Cyber Security) Share this | Hansard source

I thank all members for their contributions. I mention in particular the contribution that has just been made by the member for Lingiari. I reiterate what he said: what a great honour and privilege it is to hold this portfolio, because it means that you are able to talk and meet with veterans and also current serving Defence personnel. As he was speaking, my mind drifted back to the commemorations we have just had for the Fall of Singapore and also for former prisoners of war. I was fortunate enough to spend some time in Ballarat with some of those ex-prisoners of war, and what outstanding individuals they are. They are just remarkable Australians. You feel so humble being in their presence because of what they went through and what they suffered on behalf of our nation. They have not a hint of bitterness, not a hint of, 'Oh, woe is me.' They still have that outlook and that twinkle in the eye; they still have their love of the country and of the fact that they served. They sacrificed but they do not hold it against anyone. It is truly inspiring and it makes this job an enormous honour. I think the member for Lingiari gets that from the time that he spent in this portfolio. It is something that I continue to pinch myself about every time I meet them, because they are truly great Australians. They should make those of us in this place walk a little bit more humbly.

I acknowledge the bipartisan support that we have had for this bill. I also take the opportunity to thank the Senate Scrutiny of Bills Committee and the Senate Foreign Affairs, Defence and Trade Committee for their examination and recommendations in relation to the bill. I think we can all agree that their suggestions have improved the bill, particularly the safeguards around the public interest disclosure provisions.

As we heard during the debate, the Department of Veterans' Affairs is undertaking veteran-centric reform to significantly improve services for veterans and their families by re-engineering DVA business processes. In anticipation of planned business and ICT reforms, amendment is required to provide a sound legislative basis for computerised decision-making. Computerised decision-making at DVA is expected to streamline services, free up resources and prepare DVA for future ICT upgrades.

Schedule 1 of the bill will enable the Secretary of DVA to arrange for computer programs to make decisions, exercise powers or comply with obligations and do other related things such as send a notice advising of a decision. The secretary cannot delegate this power to decide whether a computer program should be used to make decisions, ensuring high-level consideration about whether it is appropriate for a computer program to be used. Only decisions that would be suitable for computerised decision-making, such as those that can be converted into an algorithm or where there is no discretion or fact finding required, will be automated. While the department does use computers to assist in calculating debts, I would like to emphasise that DVA does not intend to use computerised decision-making for the purpose of automated debt collection, nor does it use a debt collection agency to recover payments. In regard to these powers, in a case where a computer program makes an incorrect decision, both the Repatriation Commission and the Military Rehabilitation and Compensation Commission will be able to substitute the correct decision on own-motion without DVA clients having to formally request a review. This own-motion power is in addition to existing review and appeal rights where clients are dissatisfied with the decision.

Schedule 2 of the bill contains two types of information-sharing provisions. These are the public interest disclosure provisions and the information-sharing provisions between DVA and Defence. The public interest disclosure provisions would enable the Secretary of DVA to disclose information about a case or class of cases if the secretary certifies that it is necessary in the public interest to do so. The power is accompanied by appropriate safeguards, including those recommended by the Senate Scrutiny of Bills Committee and the Senate Foreign Affairs, Defence and Trade Committee. The sorts of circumstances where it may be appropriate for DVA to release information about a person include where there is a threat to life, a threat to health and welfare, an inappropriate practice as provider, misinformation in the community or APS Code of Conduct investigations.

The safeguards in the legislation include that the minister must make rules about how the power is to be exercised; that the Secretary of DVA must act in accordance with these rules; that the rules will be a disallowable instrument; that the minister cannot delegate his or her power to make rules about how the power is to be exercised by the Secretary of DVA; that the Secretary of DVA cannot delegate the public interest disclosure power to anyone else; that, before disclosing personal information about a person, the Secretary of DVA must notify the person in writing about his or her intention to disclose the information, give the person a reasonable opportunity to make written comments on the proposed disclosure of the information and consider any written comments made by the person; that, unless the secretary complies with these natural justice requirements before disclosing personal information, he or she will commit a criminal offence punishable by a fine of 60 penalty units, approximately $10,800; and that, after the public interest disclosure provisions and rules have been in operation for two years, there will be a review of the operation of those provisions, with a report to be tabled in both houses of the parliament.

In addition to the safeguards which I just mentioned and which are built into the legislation, DVA has consulted with both the Privacy Commissioner and the Commonwealth Ombudsman about the draft rules that I will make. I am pleased to advise the House that, as a result of those consultations, some amendments have already been made to the draft rules. Consultation with the Privacy Commissioner and the Commonwealth Ombudsman will be ongoing. In addition, a privacy impact assessment has been completed with respect to the public interest disclosure rules. The assessment concluded that the public interest disclosure provisions contained detailed and stringent controls over the exercise of the disclosure power that reflect the importance of taking necessity and proportionality considerations into account before relying on the provisions to make a disclosure. DVA will ensure that privacy materials and published documents will be reviewed and updated to reflect the operation and effect of the public interest disclosure provisions. Specific staff training materials and guidelines will be prepared to ensure that departmental employees understand the public interest disclosure provisions.

The second type of information-sharing provisions would enable information sharing between DVA and the Department of Defence under limited circumstances. Currently, information about serving members can be provided to the Secretary of the Department of Defence and the Chief of the Defence Force under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 but cannot be shared under the Safety, Rehabilitation and Compensation Act 1988. This is anomalous, especially since the CDF owes a duty of care to members, especially those members deployed in an operational context. Information sharing can also promote healthier work practices in the military—for example, the MRCC may notice a common pattern of injuries arising out of certain duties. This information should be shared appropriately so that work practices can be adjusted, resulting in fewer members being injured. These amendments would simply replicate the existing information-sharing provisions found in the MRCA.

The amendments in schedule 3 of the bill are minor and technical in nature. They update references to penalties expressed as a number of dollars with penalties expressed as a number of penalty units. Such changes enhance readability, facilitate interpretation and promote consistency across the Commonwealth statute book.

I would like to specifically acknowledge the contribution to the debate on this bill made by members. The member for Kingston noted what this bill means for the future development of the department's service provision. As she noted, there are many challenges faced by the department, and providing the right technology will make that work easier, with better outcomes for veterans. I would also like to acknowledge the contribution to the debate made by the member for Forde, who mentioned that serving our veterans should be a priority of any government. We have a duty to look after them, after they have done their duty in looking after us.

I also note the opposition members who have made contributions and their concerns around the development of a new ICT system for DVA. I would like to thank the way in which all sides have engaged with the development of this bill, which has had input from both sides and from the crossbench to ensure that it is the best result for veterans and for the department that serves them. It was parliamentary work at its best, with contributions from the shadow minister, a detailed committee inquiry and respectful consultation with concerned members and senators—something which everyone should be proud of. I would particularly like to thank several members and senators.

I would like to thank the shadow minister, Ms Rishworth, and her office for engaging with me and my office on developing the bill. I also thank her for her ongoing assistance in drafting the rules that will govern the public interest disclosure provision. Her views have made these rules stronger and more robust. By having these discussions together, we were able to take them to the crossbench for further consultation. I know that she shares my views that it is a duty of all members and senators to work together to get the best outcome for veterans, and I thank her for her bipartisanship and cooperation.

I would also like to thank the Chair and Deputy Chair of the Senate Foreign Affairs, Defence and Trade Committee, who have also provided recommendations that have made this a better bill. Senators Back and Gallacher have worked together to provide recommendations that the government has accepted and has implemented. I would also like to thank members and senators of the crossbench. In particular I would like to thank Senator Kakoschke-Moore for her engagement with the development of the bill through the committee inquiry and for providing her views on the rules, which we look forward to continuing to discuss. The bill will lay the ground for the future service of veterans, allowing for better processes and better practices. The Department of Veterans' Affairs can only be expected to provide 21st century service with 21st century technology, which this bill will allow.

I would like to conclude by acknowledging the Prime Minister and his commitment to veterans. As he has said continually through this Centenary of Anzac period: the best way that we can remember the service and sacrifice made by the fallen, especially those who gave their lives in vast number during the First World War, is by making sure we look after the veterans and those serving in our armed forces today. This bill will ensure that we are continuing to do that but doing it in a way which recognises that we need 21st century technology to able to provide those services in the 21st century. I would like to once again thank all those who have made a significant contribution to the bill. I commend the work of all members and senators on this bill, and I commend this bill to the House.

Question agreed to.

Bill read a second time.

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