Lidia Thorpe (Victoria, Independent) Share this | Hansard source

by leave—I move amendments (1) and (2) on sheet 3211 together:

(1) Schedule 1, item 46, page 15 (lines 17 to 25), omit subsection 18(5), substitute:

Protected information and personal information

(5) The Registrar is authorised to use or disclose protected information of an individual if:

(a) the use or disclosure is for the purposes of research:

(i) that relates (directly or indirectly) to school education, or that requires the use of protected information or information about school education; and

(ii) that meets the requirements specified by the Education Ministerial Council; and

(b) for a disclosure of information that is personal information—the disclosure meets the requirements specified in an instrument made under subsection (6).

(6) The Education Minister must, by legislative instrument and with the agreement of the Education Ministerial Council, specify requirements for the purposes of paragraph (5)(b).

(7) Despite subsection 14(2) of the Legislation Act 2003, an instrument made under subsection (6) of this section may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, a matter contained in an instrument or other writing as in force or existing from time to time.

(8) Despite subsection 44(1) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to an instrument made under subsection (6) of this section.

(2) Schedule 1, item 55, page 17 (lines 2 to 11), omit subsection 25(5) (not including the heading), substitute:

(5) The use or disclosure by the Registrar of personal information about an individual is taken, for the purposes of the Privacy Act 1988, to be authorised by this Act if:

(a) the use or disclosure is for the purposes of research:

(i) that relates (directly or indirectly) to school education, or that requires the use of schools identifiers, school identity management information or information about school education; and

(ii) that meets the requirements specified by the Education Ministerial Council; and

(b) for a disclosure of information that is personal information—the disclosure meets the requirements specified in an instrument made under subsection (6).

(6) The Education Minister must, by legislative instrument and with the agreement of the Education Ministerial Council, specify requirements for the purposes of paragraph (5)(b).

(7) Despite subsection 14(2) of the Legislation Act 2003, an instrument made under subsection (6) of this section may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, a matter contained in an instrument or other writing as in force or existing from time to time.

(8) Despite subsection 44(1) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to an instrument made under subsection (6) of this section.