EXPLANATORY STATEMENT

 

Select Legislative Instrument 2007 No. 153

 

Issued by the Authority of the Attorney-General

 

Privacy Act 1988

 

Privacy (Private Sector) Amendment Regulations 2007 (No. 2)

The Privacy Act 1988 (the Act) establishes, among other things, the National Privacy Principles (NPPs) which regulate the collection, use, disclosure and storage of personal information by private sector organisations.

The primary purpose of the Regulations is to allow greater access to Centrelink records, in order to determine whether a person is entitled to receive a service or assistance, or is entitled to early release of superannuation on the grounds of hardship.

NPP 7.2 provides that a private sector organisation must not use or disclose an identifier assigned to an individual by a Commonwealth agency, or by an agent or contracted service provider to that agency, except in specified circumstances. These include where the use or disclosure is by a prescribed organisation of a prescribed identifier in prescribed circumstances (paragraph (c) of NPP 7.2).

Subsection 100(1) of the Act provides 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.

In determining the need for a Regulation under section 100 of the Act, Centrelink has consulted the Office of the Privacy Commissioner and the Attorney-General’s Department.

The Privacy (Private Sector) Regulations 2001 prescribe exceptions to NPP 7.2 for the purpose of accessing the Centrelink Confirmation eServices.

Centrelink’s Confirmation eServices comprises three distinct services: Customer Confirmation; Income Confirmation; and Superannuation Confirmation. The purpose of these amendment Regulations was to insert 20 additional organisations into the lists of prescribed organisations allowed to use and disclose the Centrelink Customer Reference Number for the purpose of making a Customer Confirmation, Income Confirmation or Superannuation Confirmation enquiry.

The release of Centrelink customers’ information through the Centrelink Confirmation eServices will only occur with the customer’s consent. In addition, the use and disclosure of the Customer Reference Number by these private sector organisations is in each case for the benefit of the individual concerned. It removes the need for customers to go into a Centrelink office to obtain written proof of their eligibility and verification will occur on-line in real time, providing up to date eligibility information.

Details of the Regulations are set out in the Attachment. The lists in the Regulations have been renumbered and the 20 additional organisations inserted at items 3 and 8 of Part 1 of Schedule 3, items 13, 28, 33, 44, 60, 62, 64, 68, 73, 74, 75, 79, 81, 92 and 98 of Schedule 4, and items 5, 7 and 19 of Schedule 5. There have also been some minor amendments to the names of some prescribed organisations.

The Regulations commenced on the day after they were registered.

ATTACHMENT

PRIVACY (PRIVATE SECTOR) AMENDMENT REGULATIONS 2007 (No. 2)

Regulation 1 describes how the Regulations are to be cited.

Regulation 2 provides that the Regulations commence on the day after they are registered.

Regulation 3 provides that the Privacy (Private Sector) Regulations 2001 (the Principal Regulations) are amended in accordance with Schedule 1 to the Regulations.

Schedule 1, Item 1 substitutes the list in Part 1 of Schedule 3 to the Principal Regulations.

The substituted Part 1 of Schedule 3 renumbers the listed organisations and includes two additional organisations as prescribed organisations that may use or disclose the Centrelink Customer Reference Number for the purpose of making a Customer Confirmation enquiry at items 3 and 8 of Schedule 3, Part 1.

The substitute Part 1 also makes an amendment to reflect a change in name of a prescribed organisation. The previous item 22 ‘Powerdirect Australia Pty Ltd’ is changed to ‘AGL Sales (Queensland Electricity) Pty Ltd’ and renumbered as item 1.

Schedule 1, Item 2 substitutes the list in Schedule 4 to the Principal Regulations.

The substituted Schedule 4 renumbers the listed organisations and includes 15 additional organisations as prescribed organisations that may use or disclose the Centrelink Customer Reference Number for the purpose of making an Income Confirmation enquiry at items 13, 28, 33, 44, 60, 62, 64, 68, 73, 74, 75, 79, 81, 92 and 98 of Schedule 4.

The substituted Schedule 4 also makes a minor amendment to the name of one of the prescribed organisations.

Schedule 1, Item 3 substitutes the list in Schedule 5 to the Principal Regulations.

The substituted Schedule 5 renumbers the listed organisations and includes three additional organisations as prescribed organisations that may use or disclose the Centrelink Customer Reference Number for the purpose of making a Superannuation Confirmation enquiry at items 5, 7 and 19 of Schedule 5.

The substituted Schedule 5 also makes minor amendments to the names of some of the prescribed organisations.