Senator JACINTA COLLINS —My question is to Senator Vanstone representing the Attorney-General. Minister, are you aware that, as this government insists on careering down the path of outsourcing core Commonwealth services, the appeal, review and access to information rights of every Australian are being radically diminished? Do you agree that those Australians who receive Commonwealth services through a private contractor will no longer have a right to access their own private information held by a contractor through freedom of information laws? Do you also agree that, because clients are not party to contracts between the Commonwealth agency and the service provider, any access or review provisions in the contract are worthless because clients will have no standing to take legal action if their rights are breached?

Senator VANSTONE (Minister for Justice) —I thank Senator Jacinta Collins for that question. Senator Collins, you ask generally about the principles of contracting out and how that relates to privacy and then you ask some specific questions. The situation is this: the government does recognise the importance of protecting individual privacy and providing access to documents under the Freedom of Information Act. Any steps to contract out government functions will take into account the importance of protecting privacy and providing access to documents under the Freedom of Information Act. Senator, you were not here at the time but, regrettably, when we were in opposition Senator Patterson and some other senators had to pursue your government time after time when it failed to protect the privacy of social security recipients, for example. I think it was Senator Patterson, if I recall correctly, who pursued your government in relation to social security recipients' information in the gutters of some suburb of Melbourne. And you have the cheek to come in here and ask this question! You have no corporate memory. It may be, Senator Collins, that you have no memory at all. In any event, plenty of Australians do.

The government has decided that the Privacy Act will be extended to all contractors who hold personal information on behalf of the government. In order to give practical effect to that decision, the government has decided that the Freedom of Information Act will be extended to apply to requests by individuals for access to and correction of personal information about themselves held by contractors on behalf of the government.

It is worth adding, speaking generally, that in a range of contracts entered into by the government there is a clause which allows the government to opt out of the contract. As I recall, that is certainly the case in relation to the employment services contracts. The contract can be terminated. That was one of the complaints that the then Australian Democrat, now the earth moves Labor Party member, raised with us. You raise, perhaps inadvertently, one of the very positive aspects of those contracts—there was planned to be the opportunity to opt out. If someone does not adequately protect privacy that would no doubt be an option that would be taken.

Senator JACINTA COLLINS —Madam President, I ask a supplementary question. Minister, do you agree with the Administrative Review Council view that contracting out of services raises the potential for a loss of accountability in relation to both the services provided to individual recipients and the broader questions of public interest, such as the evaluation of the performance of contractors? Or is this loss of accountability seen by this cynical government as an advantage of outsourcing?

Senator VANSTONE (Minister for Justice) —Senator Collins, I do not know whether you woke up and had a bucket of nails for breakfast. You cannot resist trying to put the barb in there somewhere. It does seem, Senator, as though you can see no good in this government. The fact that this government was elected by a vast majority of Australians ought to indicate to you that if you can see no good in this government you are at odds with the majority of the Australian community.

It is not for me to agree or disagree with the report. I will refer that matter to the Attorney and if he cares to add to the answer I have given you, he will. But I think the answer was pretty clear. You may have wanted a different one but the answer is clear: this government will protect the privacy of people in contracting out through the contracts. That has been made very clear, Senator. If you do not understand contract law, go and get yourself a little advice.