John Faulkner (NSW, Australian Labor Party, Cabinet Secretary) Share this | Hansard source

I seek leave to incorporate some additional information to an answer I gave to Senator Fielding yesterday, relating to the case of Britt Lapthorne.

Leave granted.

The answer read as follows—

The Australian Law Reform Commission (ALRC) released a report on Australian privacy law and practice in August last year.

In its submission to the ALRC, DFAT supported the Commission’s proposal to remove the need for a threat to life or health to be both serious and imminent before personal information could be disclosed or used for another purpose, such as informing relatives.

The ALRC’s report recommends change to existing legislation such that personal information could be legally disclosed in a larger number of situations. It also found however, that it would be undesirable to create a new exception to assist in missing persons investigations. The Government is preparing its response to the ALRC Report and will of course consider the circumstances of Ms Lapthorne’s case in doing so.

As well, the Minister for Foreign Affairs has asked DFAT to approach the Privacy Commissioner to develop a new and broader Public Interest Determination (PID) that would assist DFAT in providing more timely and comprehensive consular assistance.

I sympathise that the Lapthorne family continues to endure an extremely difficult period and again offer our deepest condolences and sympathies to Ms Lapthorne’s family and friends. DFAT continues to provide consular assistance to the Lapthorne Family.