Title Migration and Ombudsman Legislation Amendment Bill 2005
Database Bills & Legislation
Long Title A Bill for an Act to amend the [itals]Ombudsman Act 1976[eitals] and the law relating to migration, and for related purposes
Date 15-09-2005 12:00 AM
Source Senate
Parl No. 41
Bill Number 2005/162
Bill Type Government
Portfolio Immigration and Multicultural and Indigenous Affairs
Reps Bill Code O
Status Act
System Id legislation/bills/s482_first-senate/0004


Migration and Ombudsman Legislation Amendment Bill 2005

Schedule 3—Amendments relating to identifying information

  

Migration Act 1958

1  At the end of subsection 336E(2)

Add:

                ; or (j)  is authorised by section 336FA; or

                     (k)  is authorised by section 336FC.

2  After section 336F

Insert:

336FA  Disclosure of certain personal identifiers to selected individuals

             (1)  For the purposes of paragraph 336E(2)(j), this section authorises the disclosure, by an officer, of identifying information that relates to a person (the subject) if:

                     (a)  the information disclosed is a personal identifier within the meaning of paragraph (b), (c), (d) or (f) of the definition of personal identifier in subsection 5A(1); and

                     (b)  the disclosure is made to an individual; and

                     (c)  the disclosure is for the purpose of obtaining the individual’s help to do one or more of the following in connection with the administration of this Act:

                              (i)  identify, authenticate the identity of, or locate, the subject;

                             (ii)  refer the officer to another person who might be able to help identify, authenticate the identity of, or locate, the subject; and

                     (d)  the officer has reasonable grounds to believe that the individual might be able to provide the help that is the purpose of the officer’s disclosure; and

                     (e)  the officer is satisfied that it is reasonably necessary to make the disclosure to the individual in order to obtain that help.

Note:          The personal identifiers covered by this section are measurements of a person’s height and weight, photographs or other images of a person’s face and shoulders, audio or video recordings of a person (other than video recordings under section 261AJ) and signatures.

             (2)  Nothing in subsection (1) prevents an officer from disclosing the personal identifier to more than one individual at the same time, as long as the requirements of subsection (1) are met in relation to each one of those individuals.

336FB  Disclosure of other relevant information to selected individuals

             (1)  An officer may disclose, to an individual, personal information (within the meaning of the Privacy Act 1988) about a person (the subject) if:

                     (a)  the officer is disclosing, to the individual, a personal identifier of the subject and the disclosure is authorised by section 336FA; and

                     (b)  the personal information is disclosed together with the personal identifier; and

                     (c)  paragraphs 336FA(1)(b), (c), (d) and (e) are met in relation to the personal information as well as the personal identifier.

             (2)  This section does not apply to personal information that is identifying information.

             (3)  Nothing in subsection (1) prevents an officer from disclosing the personal information to more than one individual at the same time, as long as the requirements of paragraphs 336FA(1)(b), (c), (d) and (e) are met in relation to each one of those individuals.

336FC  Disclosure of certain personal identifiers to the general public

             (1)  For the purposes of paragraph 336E(2)(k), this section authorises the disclosure of identifying information that relates to a person (the subject) who is not a minor, if:

                     (a)  the information disclosed is a personal identifier within the meaning of paragraph (b), (c), (d) or (f) of the definition of personal identifier in subsection 5A(1); and

                     (b)  the disclosure is for the purpose of obtaining the public’s help to identify, authenticate the identity of, or locate, the subject, in connection with the administration of this Act; and

                     (c)  the Secretary has authorised, in writing, disclosure of the personal identifier.

Note:          The personal identifiers covered by this section are measurements of a person’s height and weight, photographs or other images of a person’s face and shoulders, audio or video recordings of a person (other than video recordings under section 261AJ) and signatures.

             (2)  The Secretary must not authorise disclosure of the personal identifier unless:

                     (a)  the Secretary is satisfied that other reasonable steps have been taken to identify, authenticate the identity of, or locate, the subject; and

                     (b)  either:

                              (i)  the Secretary is satisfied that the subject has been informed of the proposed disclosure (including the personal identifier that is to be disclosed and the manner in which the disclosure is to be made) and the Secretary has either considered the subject’s views in relation to the proposed disclosure or been satisfied that the subject has no views in relation to it; or

                             (ii)  the Secretary is satisfied that the subject cannot be found; and

                     (c)  the Secretary has considered the sensitivity of the personal identifier that is to be disclosed; and

                     (d)  the Secretary is satisfied that it is reasonably necessary to authorise disclosure in order to identify, authenticate the identity of, or locate, the subject; and

                     (e)  if personal information (within the meaning of the Privacy Act 1988) that is not identifying information is to be disclosed together with the personal identifier—the Secretary is satisfied that it is reasonably necessary to disclose the personal information together with the personal identifier in order to identify, authenticate the identity of, or locate, the subject.

             (3)  For the purposes of subparagraph (2)(b)(i), if the subject does not express a view in relation to the proposed disclosure within a reasonable time of being informed of it, the Secretary is entitled to be satisfied that the subject has no views in relation to it.

             (4)  If the Secretary authorises disclosure of a personal identifier under paragraph (1)(c), the authority covers all disclosures of the identifier made for the purpose mentioned in paragraph (1)(b).

             (5)  An authority under paragraph (1)(c) is not a legislative instrument.

336FD  Disclosure of other relevant information to the general public

             (1)  For the purposes of:

                     (a)  paragraph (1)(d) of Information Privacy Principle 11 in section 14 of the Privacy Act 1988; and

                     (b)  paragraph 2.1(g) of National Privacy Principle 2 in Schedule 3 to the Privacy Act 1988;

the disclosure by a person of personal information (within the meaning of the Privacy Act 1988) about another person (the subject) is taken to be a disclosure that is authorised by law if:

                     (c)  the person is disclosing a personal identifier of the subject and the disclosure is authorised by section 336FC; and

                     (d)  the personal information is disclosed together with the personal identifier; and

                     (e)  the disclosure of the personal information is for the purpose mentioned in paragraph 336FC(1)(b).

             (2)  This section does not apply to personal information that is identifying information.