Navigation: Previous Page | Contents | Next Page

Parliamentary Service Amendment (Parliamentary Budget Officer) Bill 2013

Introduced into the House of Representatives on 14 March 2013
Portfolio: Treasury

Summary of committee view

1.1        The committee seeks clarification as to why the Parliamentary Budget Officer (PBO) requires access to information capable of identifying taxpayers when conducting costings on political policy proposals, before making an assessment on the compatibility of these measures with the right to privacy.

Overview

1.2        This bill seeks to amend the Parliamentary Service Act 1999 to give the Parliamentary Budget Officer (PBO) additional functions to prepare reports on the costings and total combined impact of publicly announced policies made during an election campaign by Parliamentary parties. The bill sets out a framework for the provision of information to the Officer.

1.3        The bill also seeks to amend the Taxation Administration Act 1953 to allow the Australian Tax Office (ATO) to provide taxpayer information to the Parliamentary Budget Officer on a confidential basis to assist the Officer to perform or exercise his or her functions or powers. Currently the ATO is precluded from making a record of, or disclosing, information which could identify taxpaying entities. Under these amendments information could be disclosed to the Officer that would identify taxpaying entities.

Compatibility with human rights

1.4        The bill is accompanied by a self-contained statement of compatibility that notes that the provisions authorising the ATO to disclose personal information that it has collected, engages the right to privacy under article 17 of the International Covenant on Civil and Political Rights (ICCPR).

1.5        The committee also notes that the bill, in providing that the PBO publicly[1] release a report on the costings and total combined impact of publicly announced policies made during an election campaign by Parliamentary parties, appears to promote the right of citizens to participate in political and public life as guaranteed by article 25 of the ICCPR.

Right to privacy

1.6        Article 17 of the ICCPR provides that no one 'shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence'. The statement of compatibility notes that the bill may limit the right to privacy but justifies this on the following basis:

Allowing the ATO to disclose personal information to the Officer will enhance the integrity of the PBO’s revenue costings and analyses, which in turn, will help promote and inform fiscal policy debate in Australia.

Furthermore, given that the Officer would only receive information for the purpose of performing or exercising his or her functions or powers under the PS Act, and is prohibited from on‑disclosing this information, disclosing such information to the Officer would not constitute unlawful or arbitrary interference.[2]

1.7        Personal taxation information can contain significant personal information, including the person's name, occupation, earnings, deductions sought etc. Providing such information to another person limits the right not to be subjected to arbitrary or unlawful interference with one's privacy as provided by article 17 of the ICCPR. The committee accepts that promoting and informing the fiscal policy debate in Australia is a legitimate objective. However, neither the statement of compatibility nor the explanatory memorandum explain why providing such personal information in an identifiable way to the Parliamentary Budget Officer is necessary.

1.8                 The committee intends to write to the Treasurer to ask for clarification as to why the PBO requires access to information capable of identifying taxpayers when conducting costings on political policy proposals, before making an assessment on the compatibility of these measures with the right to privacy.

Navigation: Previous Page | Contents | Next Page