Lidia Thorpe (Victoria, Independent) Share this | Link to 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.

Anthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Education) Share this | Link to this | Hansard source

The government will be supporting this amendment. I thank Senator Thorpe for her work on this question of the disclosure of schools identifier data for research purposes.

Privacy has always been at the heart of this legislation. The existing provisions are robust and ensure that any data collected is secure and used only for approved purposes. This is complemented by the work that will be done through the Education Ministers Meeting on the data governance framework.

This amendment will allow parliament oversight of how data is used for research purposes, through the introduction of a legislative instrument. This is a sensible amendment to the bill, and we are happy to support it.

Penny Allman-Payne (Queensland, Australian Greens) Share this | Link to this | Hansard source

The Greens will also be supporting Senator Thorpe's amendment, and we want to thank her for bringing it forward.

Sarah Henderson (Victoria, Liberal Party, Shadow Minister for Education) Share this | Link to this | Hansard source

The opposition will also be supporting this amendment. We want to thank Senator Thorpe for bringing this forward. I think one of the big issues with USI is to ensure that there are very important provisions in relation to protecting the privacy of students. We really appreciate the work that you've done, Senator Thorpe, and we will be supporting this amendment.

Question agreed to.

Bill, as amended, agreed to.

Bill reported with amendments; report adopted.