Explanatory Memorandum
(Circulated by authority of the Treasurer, the Hon Peter Costello, MP)Chapter 8 - Protection of confidentiality of information
Outline of Chapter
8.1 This Chapter explains the provisions dealing with the confidentiality of personal information disclosed in relation to a grants or benefits scheme and obtained by a person in the course of official employment.
8.2 These provisions are in Part 10 of the PGBA Bill and are consistent with secrecy provisions in other Acts administered by the Commissioner.
Detailed explanation of Part 10
8.3 The dissemination of information obtained for the purpose of an Act relating to a grants or benefits scheme will be restricted. [Clause 47]
8.4 An obligation of secrecy will be imposed on persons (Commonwealth appointees, employees or delegates) who, in the course of their duties relating to the administration of this Bill or an entitlement Act , acquire information about the affairs of another person. A person who holds protected information or documents obtained in the course of 'official employment' (an 'entrusted person') will be prohibited from making a record of the information or disclosing it to anyone else, except in specified circumstances. The penalty for a breach of this prohibition is imprisonment for 2 years. [Subclause 47(2)]
8.5 An entrusted person will, in certain limited circumstances, be able to record or disclose protected information or documents if:
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- the recording or disclosure is for the purposes of this Bill or an entitlement Act;
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- it happens in the course of official employment;
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- the person is the Commissioner or Deputy Commissioner of Taxation and the disclosure is to:
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- the Australian Statistician for the purposes of the Census and Statistics Act 1905 ;
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- another person carrying out functions under a taxation law (which includes this Bill and entitlement Acts); or
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- the Administrative Appeals Tribunal in proceedings under a taxation law; and
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- the person making the disclosure has been authorised by the Commissioner, Deputy Commissioner or Secretary to disclose the information and the disclosure is to another person carrying out functions under a taxation law administered by the Commissioner or to the Australian Statistician for the purposes of the Census and Statistics Act 1905 . [Subclause 47(3)]
8.6 There will be no circumstances in which a disclosure of protected information or documents can be made to a Minister. [Subclause 47(4)]