House debates

Monday, 17 September 2012

Committees

Social Policy and Legal Affairs Committee; Report

12:00 pm

Photo of Graham PerrettGraham Perrett (Moreton, Australian Labor Party) Share this | Hansard source

On behalf of the Standing Committee on Social Policy and Legal Affairs, I present the committee's advisory report on the Privacy Amendment (Enhancing Privacy Protection) Bill 2012, together with the minutes of proceedings and evidence received by the committee.

Ordered that the report be made a parliamentary paper.

I ask leave of the House—and I note that the Leader of the House is here, after his successful weekend of football—to make a short statement in connection with the report.

Leave granted.

The House of Representatives Standing Committee on Social Policy and Legal Affairs has conducted an inquiry into the Privacy Amendment (Enhancing Privacy Protection) Bill 2012 and has tabled its report in parliament today. The bill proposes changes to the Privacy Act 1998 in response to recommendations made by the Australian Law Reform Commission.

On 24 May 2012 the Selection Committee of the House of Representatives referred the bill for inquiry and report, citing the following reasons for referral/principal issues for consideration:

          The committee received 39 submissions from a range of individuals and organisations across Australia, and held a public hearing on 16 August 2012. A Senate committee has conducted a concurrent inquiry into the bill. As far as possible, this committee has endeavoured not to duplicate those areas it anticipated the Senate would consider and did consider in detail.

          The committee has examined the bill to ensure that an appropriate balance between privacy protection and the convenient flow of data has been achieved. The committee recognises that considerable consultation has gone on prior to the introduction of this bill to the House and that many of the provisions proposed are the enactment of recommendations made in the ALRC review. In addition, the committee notes that the Attorney-General's Department is continuing to consult with stakeholders to resolve a number of the implementation details around this bill and to discuss further possible consequences of the bill.

          Given the complexity of issues and the global nature of business, the committee has heard that there remain many areas of concern to industry and consumer advocates. The committee has recommended that the bill be passed by the House of Representatives, subject to a review of the functioning of the new privacy regime 12 months after the bill commences. The committee has also recommended that suitable educational and explanatory material be developed prior to the commencement of the act to ensure that individuals understand their new privacy rights and that industry are fully aware of their obligations under the act.

          I thank the committee for their work. I thank the secretariat and, in particular, Ms Zoe Scanlan, who is on secondment from the A-G's Department, for her work in preparing this report. I commend this report to the House.

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