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Bills requiring further information to determine human rights compatibility

Asbestos Safety and Eradication Agency Bill 2013

Introduced into the House of Representatives on 20 March 2013

Portfolio: Employment and Workplace Relations

Summary of committee view

1.1        The committee seeks clarification about what type of personal data may be handled by the Asbestos Safety and Eradication Agency, how it might be used and who this information may be shared with.

Overview

1.2        The purpose of the bill is to establish a national asbestos safety agency, known as the Asbestos Safety and Eradication Agency (the Agency). The Agency is to have responsibility for the implementation, review, and further development of the National Strategic Plan for asbestos awareness, removal and management in Australia, as recommended by the Asbestos Management Review Report June 2012.

Compatibility with human rights

1.3        The bill is accompanied by a self-contained statement of compatibility. The statement and explanatory memorandum note that the use of asbestos was widespread in Australia for many decades and, although its use has been banned since the end of 2003, there is still asbestos in many existing buildings and structures. As a result, the adverse health impact of asbestos exposure will continue to be felt for years because of continued exposure and the long latency period between exposure and the onset of asbestos-related diseases. Additional risks are posed by the removal of asbestos from structures and the inappropriate disposal of asbestos-containing materials.

Right to privacy

1.4        The statement of compatibility notes that any personal information that is collected by the Agency for the performance of its functions will be dealt with in accordance with the standards of the Privacy Act 1988.  It states that on occasion the Agency may be required to handle personal information submitted to it by individuals or third parties. The statement states:

Any information that is collected by the Agency for the purposes of performing its functions under the Bill will be dealt with in accordance with the Privacy Act 1988 (the Privacy Act), which creates a framework for government agencies in relation to the collection, storage and disclosure of personal information. The Bill does not contain any provisions that would allow it to compel a person to disclosure [sic] information, nor to share any information it holds in a manner that is inconsistent with the Privacy Act. As such, the Bill does not limit the right to privacy.[1]

1.5        The nature and scope of the information to be collected by the Agency under the legislation is not clear from the statement of compatibility. For example, it is not clear whether it may include only generalised information about the health of individuals or whether information permitting the identification of individual’s health data would also be collected. It is also unclear if individuals or third parties submitting information would be doing so only in relation to themselves or in relation to other named individuals. The Asbestos Management Review called for the greater sharing of data about asbestos among the responsible Commonwealth and State and Territory Agencies, although it is not clear whether this contemplated personally identifiable data.

1.6                 The committee intends to write to the Minister to seek clarification about what type of personal data it envisages may be handled by the Agency, how it might be used and who this information may be shared with.

Right to just and favourable conditions of work and the right to health

1.7        The statement of compatibility notes that the work of the Agency will contribute to the enjoyment of the right to safe and healthy working conditions as guaranteed by article 7 of the International Covenant on Economic, Social and Cultural Rights (ICESCR). It states that it will do so by working to reduce the risks posed by asbestos in workplaces around the country. The statement also notes that the work of the Agency will contribute to the right to the highest attainable standard of physical and mental health (article 12 of the ICESCR) by contributing to the improvement of environmental and industrial hygiene ‘by promoting best practice and encouraging coordination between responsible entities, as well as contributing to the prevention and control of asbestos-related diseases arising through exposure to asbestos fibres in both occupational and non-occupational situations.’[2]

1.8                 The committee agrees that the establishment of the Agency and the implementation of a national plan is likely to promote enjoyment of the rights to safe working conditions and the right to health.

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