Senate debates

Thursday, 19 March 2009

Aviation Legislation Amendment (2008 Measures No. 2) Bill 2008

In Committee

9:53 am

Photo of Nick XenophonNick Xenophon (SA, Independent) Share this | Hansard source

I move amendment (3) on sheet 5737 revised 2:

(3)    Page 2 (after line 11), after clause 3, insert:

4 Report of the Privacy Commissioner

        (1)    The Privacy Commissioner must examine the following matter:

                      The privacy implications for flight crew members of the provisions of the Civil Aviation Act 1988 relating to copying or disclosure of CVR information, as amended by Part 2 of Schedule 1 of this Act.

        (2)    In examining the matter the Privacy Commissioner must consult representatives of associations affected by the provisions.

        (3)    The Commissioner must produce a written report to the Minister within 15 months of the commencement of this Act about the operation of the provisions referred to in paragraph (1) over its first 12 months, and may include in the report any recommendations the Commissioner wishes to make for amendment of the provisions to address any privacy concerns.

        (4)    In examining and reporting on this matter the Privacy Commissioner may exercise any of the powers conferred upon him or her by the Privacy Act 1988, and may delegate any matter to a member of his or her staff as provided for by section 99 of that Act.

        (5)    The Minister shall cause a copy of a report given to the Minister under subsection (2) to be laid before each House of the Parliament within 15 sitting days of that House after the report is received by the Minister.

I think all my colleagues have well articulated it. This is important for the pilots. From my discussions with the Pilots Association I know they want an opportunity to have their views heard before an inquiry by the Privacy Commissioner. That will be reported on or tabled in parliament in some 15 months from the time of the effect of this provision. I think that will go a long way in dealing with their concerns.

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