House debates

Tuesday, 28 November 2006

Privacy Legislation Amendment (Emergencies and Disasters) Bill 2006

Second Reading

5:44 pm

Photo of Malcolm TurnbullMalcolm Turnbull (Wentworth, Liberal Party, Parliamentary Secretary to the Prime Minister) Share this | Hansard source

in reply—I thank members for their contributions to the debate on the Privacy Legislation Amendment (Emergencies and Disasters) Bill 2006. The bill enhances information exchange between Australian government agencies, state and territory authorities, private sector organisations, non-government organisations and others in an emergency or disaster situation. The bill establishes a clear and certain legal basis for the management of the collection, use and disclosure of personal information about deceased, injured and missing individuals involved in an emergency or disaster, whether it occurs in Australia or overseas. Its provisions will assist search, rescue and recovery efforts and the provision of services to victims and their families, without derogating from the proper protection of personal information.

It is important to note that the bill does not compel disclosure of personal information but confirms that disclosure is permitted in particular circumstances. Agencies and organisations will be assisted by these amendments to apply the Privacy Act less restrictively and with greater confidence with regard to the personal information that may be disclosed under the Privacy Act. The bill amends the Privacy Act 1988 and makes a consequential amendment to the Australian Security Intelligence Organisation Act 1979. The bill incorporates the two amendments recommended by the Senate Standing Committee on Legal and Constitutional Affairs in its report on the bill published on 12 October 2006. These amendments enhance the bill. The amendments serve to change the definition of ‘permitted purpose’ in the bill so that it is a purpose that directly relates to the Commonwealth’s response to the emergency or disaster in respect of which an emergency declaration is in force, and ensure that an emergency declaration made under the provisions of the bill has a statutory maximum period of 12 months. The bill therefore will assist the government’s response and the community’s response to emergencies and disasters.

Question agreed to.

Bill read a second time.

Ordered that the bill be reported to the House without amendment.

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