Stephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Government in the Senate) Share this | Link to this | Hansard source

I table a supplementary explanatory memorandum relating to the government amendments to be moved to this bill. The memorandum was circulated in the chamber earlier today. I seek leave to move government amendments (1), (2) and (3) on sheet PF543 together.

Leave granted.

I move government amendments (1), (2) and (3) on sheet PF543:

(1)    Schedule 1, item 2, page 4 (line 15), after “a person”, insert “(the discloser)”.

(2)    Schedule 1, item 2, page 4 (lines 22 to 28), omit paragraph 285A(1)(c), substitute:

             (c)    the emergency management person has given the discloser a written notice stating that the disclosure is for the purpose of the information, or the contents of the document, being later used or disclosed for either or both of the following:

                   (i)    for a purpose connected with persons being alerted to an emergency or a likely emergency;

                  (ii)    for the purpose of reasonable testing of whether, in the event of an emergency occurring, persons would be able to be alerted to that emergency.

(3)    Schedule 1, item 2, page 4 (after line 28), after subsection 285A(1), insert:

     (1A)    A notice given as mentioned in paragraph (1)(c) may cover one or more disclosures (including each disclosure in a series of disclosures under an arrangement between the discloser and the emergency management person).

      (1B)    A notice given as mentioned in paragraph (1)(c) is not a legislative instrument.

I introduce government amendments to the bill for the consideration of the Senate. The proposed government amendments will make minor changes to the bill to strengthen the protections on the disclosure of information from the Integrated Public Number Database. The proposed amendments will require specified emergency management persons to give a written notice for the disclosure of IPND information—currently, Telstra is the IPND manager—stating that they will only use or disclose the information for emergency-warning purposes. There was not a requirement for a written notice in the version of the bill considered by the House of Representatives.

The written notice approach provided in the proposed government amendments will provide confidence to the IPND manager that it may disclose IPND information to the prescribed emergency management person. This greater certainty is likely to speed the release of the IPND data as well as provide greater protection for its provision to the right person. This approach will also reduce the need for the IPND manager to expend time verifying the legitimacy of a request for IPND data in an emergency. The written notice process in the proposed government amendment has been tailored to fit with the existing provisions in the bill and to minimise potential delays to the release of IPND data in an emergency. The proposed government amendment will also add a clause to clarify that a single written notice will be able to cover a series of disclosures. This will allow an emergency management person to receive regular updates of IPND information. This arrangement is similar to arrangements currently in place that allow copies of the IPND to be used for 000 and law enforcement purposes. I commend these government amendments to the Senate.

Nick Minchin (SA, Liberal Party, Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

On behalf of the opposition, I indicate our support for these amendments. These amendments improve the bill. They improve the security surrounding access to the data. I seek from the minister an assurance that, in relation to the written notice to which these amendments now refer and require, there will be proper consultation with Telstra—the current manager of the IPND database, which has significant responsibilities in respect of this matter—over the form that that written notice might take such that the government and Telstra, as the manager, are at one on that written notice. It should, most properly, mitigate the risks associated with disclosure and ensure that the internal processes of Telstra, in managing the data, can conform with the written notice.

Stephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Government in the Senate) Share this | Link to this | Hansard source

That is a very reasonable point made by Senator Minchin. I will pass it on to the Attorney-General, Mr McClelland, and assure him that the Senate is very keen to make sure that there is no confusion at all and that there is the maximum amount of consultation necessary.

Question agreed to.

Bill, as amended, agreed to.

Bill reported with amendments; report adopted.