Privacy Law and Policy Reporter
compiled by Graham Greenleaf
The legislation would make it `an offence to transmit, advertise, permit access to and retrieval of such material through online services', and `will apply to all online services, such as the Internet, bulletin boards and e-mail'.
It seems inconceivable that there could be an intention to attempt to ban from the Internet anything not suitable for a 14-year-old. The WA and Victorian legislation (see 2 PLPR 148) makes it an offence to make such material available to minors (an approach which has other problems), but does not ban it outright. It is also unclear whether the Bill will treat genuinely private (person-to-person) e-mail in exactly the same fashion as publications aimed at the world. Mr Shaw's press release is silent on these crucial points.
On the issue of uniformity, Mr Shaw said `I submitted the legislation drafted by the NSW Parliamentary Counsel to the Standing Committee of Attorneys-General last week in Darwin. I believe this to be the best and most effective model. However, negotiations are continuing in order to achieve the aim of a national standard. NSW recognises that national uniformity is desirable in the regulation of the Internet. However, the failure of some states to agree to these proposals will not stop NSW enacting comprehensive protective legislation with tough penalties.'
A second IPM Guide, Occupational Testing, aims to set out guidelines for good professional practice in all types of occupational testing, and is not directly related to the requirements of the NZ Act. It is endorsed by the NZ Psychological Society Inc, and was prepared withthe Commissioner's assistance.
Copies may be obtained from the Institute's National Office, PO Box34-620 Auckland, tel +64 9 4801349.