Teresa Gambaro (Petrie, Liberal Party, Assistant Minister for Immigration and Citizenship) Share this | Hansard source

I would like to acknowledge the member for Melbourne for his illustrative and informative speech about the ugly past of involuntary immigration, which is slavery. He spoke of the 200-year anniversary of the abolition of slavery. In summing up the Migration Legislation Amendment (Information and Other Measures) Bill 2007, I would like to thank members on both sides of the House for their contributions to the second reading debate on this bill, and I thank the opposition for their support.

The bill amends the Migration Act 1958 and mirror provisions in the Environment Protection and Biodiversity Conservation Act 1999, the Fisheries Management Act 1991 and the Torres Strait Fisheries Act 1984 to address serious limitations in the provisions dealing with access to and disclosure of identifying information. Identifying information includes personal identifiers such as a person’s photograph, fingerprint or signature. Under all four acts it is an offence to access and disclose identifying information unless the access or disclosure comes under a list of permitted accesses and disclosures. The limited grounds upon which this information can be accessed and disclosed is affecting my department’s ability to continue a range of normal working practices, such as disclosing photographs and signatures to other very important agencies.

The bill deals with this problem by adding some additional access and disclosure grounds to the four acts. These additional grounds are targeted at alleviating the most pressing difficulties being experienced under the current arrangements. For example, access and disclosure will be permitted where it is done to prevent or lessen a serious or imminent threat to life or health. My department will be able to disclose identifying information to the Migration Agents Registration Authority to assist in investigations into complaints against migration agents. Disclosure of identifying information to the Commonwealth Director of Public Prosecutions will also be permitted to assist in investigations and prosecutions.

The amendments in the bill to replace ‘noncitizen’ with ‘person’ in various disclosure grounds is to ensure that a permitted disclosure can still occur after the noncitizen from whom the information was collected has become a citizen. However, the act will continue to allow personal identifiers to be collected only to identify noncitizens. The bill will also broaden the ability of my department to disclose to a person that individual person’s movement records, thereby avoiding the need for the person to access their records through the freedom of information process. This will improve the service my department can provide to clients. The bill will also amend the definition of ‘fisheries detention offence’ in the Migration Act to ensure that enforcement visas are granted to noncitizens who have been brought to Australia in relation to new fisheries offences recently incorporated into the fisheries legislation.

In summary, by expanding the currently limited grounds upon which identifying information can be accessed and disclosed, we will improve the efficiency of the operations within the department. The bill will also enhance client service by enabling the disclosure of an individual’s movement records to the individual to whom they relate.

Question agreed to.

Bill read a second time.

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