Terms of reference
On 24 June 2010, the Senate agreed to the following:
(1) That the following matter be referred to the Finance
and Public Administration Legislation Committee for inquiry and report by 1
Exposure drafts of
Australian privacy amendment legislation.
(2) That, in undertaking this inquiry the committee may
consider the exposure draft of the Australian Privacy Principles and the draft
companion guides on the Australian privacy reforms, and any other relevant documents
tabled in the Senate or presented to the President by a senator when the Senate
is not sitting.
Following the commencement of the 43rd Parliament, the Senate
agreed to the committee's recommendation that the inquiry be re-adopted with a
reporting date of 1 July 2011.
Conduct of the inquiry
On the same day that the inquiry was referred to the committee, the
Australian Privacy Principles (APP) Exposure Draft and Companion Guide were
tabled in the Senate.
The APP Exposure Draft is one of four parts of the first stage response to the
Australian Law Reform Commission's (ALRC) recommendations for the reform of
Australian privacy laws. The committee agreed that it would report on this
first part of the inquiry by 21 September 2010. Following the commencement of
the new Parliament, the committee agreed to table the report by the end of the
second sitting week in February 2010. This was subsequently extended to allow
the committee further time to consider the matters before it.
The committee advertised the inquiry in The Australian and
contacted a number of organisations and individuals, inviting submissions to be
lodged by 27 July 2010. However, the committee continued to receive submissions
during the new Parliament. The committee received 43 public submissions
and two confidential submissions. The list of submissions is available at
The committee held a public hearing in Canberra on 25 November 2010. Details
of the public hearing are at Appendix 2. Following the public hearing, the
committee provided the Department of the Prime Minister and Cabinet with an
extensive list of questions on notice. The submissions, Hansard transcript of
evidence and answers to questions on notice may be accessed through the
committee's website at https://www.aph.gov.au/Senate/committee/fapa_ctte/foi_ic/index.htm.
The committee would like to thank all those who contributed to the
Structure of the report
The report is structured as follows:
chapter 2 of the report provides a background to the Privacy
Act 1988, the inquiry undertaken by the Senate Legal and Constitutional
Affairs References Committee into the Privacy Act in 2005, and the reviews by
the Office of the Privacy Commissioner and the ALRC;
chapter 3 canvasses general issues raised in relation to the
chapters 4 to 16 discuss the key issues raised in relation to each
APP together with an overview of the ALRC's comments on each principle; and
chapter 17 presents a summary of the committee's conclusions.
The Information Privacy Principles and the National Privacy Principles
are provided in Appendix 3 and the exposure draft of the Australian Privacy
Principles is provided at Appendix 4.
On 1 November 2010 the Office of the Privacy Commissioner was integrated
into the Office of the Australian Information Commissioner. The submission from
the Office of the Privacy Commissioner (OPC) was received before this change
took place and this report therefore refers to the Office of the Privacy
Navigation: Previous Page | Contents | Next Page