Marise Payne (NSW, Liberal Party, Minister for Foreign Affairs) Share this | Hansard source

We are not supporting these amendments by Senator Patrick. But let me refer briefly to the second one, because that has been a genuine concern raised by Senator Patrick and others. I can advise that, since the release of the exposure draft, the government has in fact made amendments which we believe deal with this issue and achieve that balance between privacy and law enforcement investigations. The recent inclusion of clause 94U (4) allows that, where the police commissioner or the DPP is satisfied that a privacy investigation will not jeopardise or otherwise affect a criminal investigation or proceeding the Privacy Commissioner may continue their own investigation. Those amendments were developed in consultation with the office of the Australian Information Commissioner, and we believe that they do strike the right balance.

I note there's also a time period proposed in the amendment—a 14-day time period. In our view it's not appropriate to place time restrictions on the DPP or a police commissioner to determine whether a separate investigation would have a prejudicial impact on a criminal investigation or proceeding.

I appreciate the issues that Senator Patrick has brought forward, but we do believe we have been able to address those.