5804

2008-2009

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Bill 2008

 

 

(Amendments to be moved by the Leader of the Family First Party, Senator Fielding, in committee of the whole)

(1)     Clause 2, page 2 (table item 1), omit “3”, substitute “4”.

[criminal name change information]

(2)     Page 3 (after line 11), after clause 3, insert:

4  Criminal name change information

Object

             (1)  The object of this section is to advance a nationally-consistent approach to recording criminal name change information in police databases to ensure that criminal history checks are accurate and comprehensive.

Report on existing measures

             (2)  The Minister must, not later than 6 months after the commencement of this section, cause a written report to be prepared on:

                     (a)  whether police databases are accurate and comprehensive in providing criminal history checks, particularly where name-based searches are involved;

                     (b)  the measures that exist across Commonwealth, State and Territory jurisdictions to ensure that criminal name change information is properly recorded on police databases;

                     (c)  the barriers that prevent criminal name change information being properly recorded on police databases;

                     (d)  the measures that can be taken by the Commonwealth, working together with the States and Territories, to ensure that criminal history checks are as comprehensive as possible.

             (3)  To assist in preparing the report, the Minister must request information from the ministers responsible for police in each State and Territory.

             (4)  The Minister must cause a copy of the report prepared under subsection (2) to be laid before each House of Parliament within 9 sitting days after the Minister receives the report.

Annual report on progress

             (5)  As soon as practicable after 30 June each year, commencing 30 June 2010, the Minister must cause a written report to be prepared on the progress that has been made:

                     (a)  in developing and implementing a nationally-consistent approach which ensures that all criminal name change information is transmitted to, and recorded on, police databases; and

                     (b)  in removing any barriers that prevent criminal name change information being properly recorded on police databases; and

                     (c)  in ensuring that criminal history checks are as comprehensive as possible.

             (6)  The Minister must cause a copy of each report prepared under subsection (5) to be laid before each House of Parliament within 9 sitting days after the Minister receives the report.

Interpretation

             (7)  In this section:

criminal name change information means any information received by any Commonwealth, State or Territory agency, or recorded in a database of any such agency, which indicates that a person with a criminal history has:

                     (a)  registered a change in his or her name, whether by deed poll or by any other formal process; or

                     (b)  adopted a new name by any informal process.

police databases means the databases used by police and other agencies in the Commonwealth and in each State and Territory to undertake criminal history checks.

 [criminal name change information]

(3)     Page 39 (after line 17), at the end of Schedule 7, add:

5  At the end of Division 2 of Part III

Add:

16AA  Criminal name change information

             (1)  Nothing in this Act prevents, or is intended to prevent, an agency transferring criminal name change information to another agency for the purpose of recording that information in a police database.

             (2)  In this section:

criminal name change information means any information received by any Commonwealth, State or Territory agency, or recorded in a database of any such agency, which indicates that a person with a criminal history has:

                     (a)  registered a change in his or her name, whether by deed poll or by any other formal process; or

                     (b)  adopted a new name by any informal process.

police database means any database used by the police or other agencies in the Commonwealth or in any State or Territory to undertake criminal history checks.

[criminal name change information—Privacy Act]