Commonwealth Numbered Regulations - Explanatory Statements

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AUSTRALIAN POSTAL CORPORATION AMENDMENT REGULATIONS 2004 (NO. 1) 2004 NO. 58

Section 102 of the Australian Postal Corporation Act 1989 (the Act) provides, in part, that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

The purpose of the accompanying Regulations is to permit current and former Australia Post employees to disclose certain information as required by the Western Australian Corruption and Crime Commission. The accompanying Regulations amend the Australian Postal Corporation Regulations 1996 to provide that the Corruption and Crime Commission Act 2003 (WA) is a prescribed law for the purposes of paragraphs 90J(6)(d) and 90LC(5)(d) of the Act.

Part 7B of the Act limits the use or disclosure by current or former employees of Australia Post of information or documents which:

(a)       is, or relates to, an article, or some or all of the contents or substance of an article, that has been carried by post or is in the course of post; or

(b)       relates to services supplied, or intended to be supplied, to another person by Australia Post; or

(c)       relates to the affairs or personal particulars (including name or address) of another person.

The primary disclosure/use offences are set out in sections 90H and 90LB of the Act.

The disclosure or use of information is authorised in limited circumstances. Paragraph 90J(6)(d) permits the disclosure of information or a document by a current Australia Post employee as required by a prescribed law of a State or Territory that establishes a Commission or other body to conduct investigations or inquiries. Similar provisions apply to former employees of Australia Post under paragraph 90LC(5)(d).

Current and former employees of Australia Post are already permitted to disclose information to commissions established under the New South Wales Crime Commission Act 1985 (NSW) (paragraphs 90J(6)(a) and 90LC(5)(a) of the Act) and the Independent Commission Against Corruption Act 1988 (NSW) (paragraphs 90J(6)(b) and 90LC(5)(b) of the Act). Disclosure of information to the Queensland Criminal Justice Commission, established under the Criminal Justice Act 1989 (Qld), was also permitted under paragraphs 90J(6)(c) and 90LC(5)(c). The Queensland Criminal Justice Commission was abolished in 2001 and replaced by the Queensland Crime and Misconduct Commission. Amendments are currently before the Parliament to replace the references to the Criminal Justice Act 1989 (Qld) in paragraphs 90J(6)(c) and 90LC(5)(c) with references to the Crime and Misconduct Commission Act 2001 (Qld).

The Western Australian Corruption and Crime Commission (the CCC) was established by the Corruption and Crime Commission Act 2003 (WA) on 1 January 2004. The CCC was established as a result of the recommendation in the interim report of the Royal Commission Into Whether There Has Been Any Corrupt or Criminal Conduct by Western Australian Police Officers (the Royal Commission), being conducted by Royal Commissioner Geoffrey Kennedy AO QC, that the Western Australian Anti-Corruption Commission be replaced with a new permanent body responsible for the external oversight of Western Australian public officers (including police officers).

The CCC can receive and assess matters referred to it from the Royal Commission and can continue the investigation of such matters. In addition, the Anti-Corruption Commission may refer an allegation to the CCC; and the CCC has the power to direct the Anti-Corruption Commission to refer a matter to it. The Anti-Corruption Commission will be abolished, and its assets and liabilities transferred to the CCC, when the Corruption and Crime Commissioner has certified that the functions of the Anti-Corruption Commission are substantially exhausted and each staff member of the Anti-Corruption Commission has become a member of staff of the CCC, resigned, been terminated or otherwise placed in the Western Australian public sector.

In addition to its functions relating to the Royal Commission and the Anti-Corruption Commission, the CCC's functions are to combat and reduce the incidence of organised crime and to continuously improve the integrity of, and to reduce the incidence of misconduct in, the Western Australian public service. Parts 6 and 7 of the Corruption and Crime Commission Act 2003 (WA) give the CCC powers to:

•       require a public authority or a public officer to produce a statement of information;

•       obtain documents or other things from any person; and

•       summon witnesses to attend before the CCC for an examination and/or to produce any record or thing described in the summons.

The accompanying Regulations enable the Commission to obtain information from Australia Post concerning such matters as inwards correspondence records and post office box subscriber details. This material may be required to enable the Commission to fulfil its functions and to continue the functions currently discharged by the Western Australian Anti-Corruption Commission and the Royal Commission.

Details of the accompanying Regulations appear in the Attachment.

The accompanying Regulations commence upon gazettal.

ATTACHMENT

DETAILS OF THE AUSTRALIAN POSTAL CORPORATION AMENDMENT REGULATIONS 2004 (NO. 1)

Regulation 1 - Name of Regulations

Regulation 1 provides that the name of the accompanying regulations is the Australian Postal Corporation Amendment Regulations 2004 (No. 1).

Regulation 2 - Commencement

Regulation 2 provides that the accompanying Regulations commence on their publication in the Commonwealth of Australia Gazette.

Regulation 3 - Amendment of Australian Postal Corporation Regulations 1996

Regulation 3 provides that Schedule 1 to the accompanying Regulations amends the Australian Postal Corporation Regulations 1996.

Schedule 1         Amendment

Item 1 - Part 2, after Division 2

Item 1 inserts new Division 3 into the Australian Postal Corporation Regulations 1996, after Division 2. New Division 3 contains regulation 5A which prescribes the Corruption and Crime Commission Act 2003 for the purposes of paragraphs 90J(6)(d) and 90LC(5)(d) of the Australian Postal Corporation Act 1989.