House of Representatives

Explanatory Memorandum

Circulated By Authority of the Minister for Employment Participation, the Senator the Honourable Mark Arbib MP

Schedule 2 - Tertiary Admission Centres

Higher Education Support Act 2003

Item 1 - Section 179-5 (paragraph (b) of the definition of Personal information )

Amends section 179-5 to extend the definition of personal information to include information about an individual whose identity is apparent, or can reasonably be ascertained from the information and is obtained or created by an officer for the purposes of Chapter 2.

Items 2, 3 and 4 - Section 179-15

Insert new paragraphs 179-15(1)(d), (3B)(a) and (b), and (4)(d) to extend the definitions of officer and official employment (of an officer) and to also define officer of a Tertiary Admission Centre for the purposes of the Act.

Items 5, 6 and 7 - Section 179-20

Insert new paragraphs 179-20(cb), (ea), (h) and (i) to include, for the purposes of paragraph 179-10(d), that the following disclosures are taken to be disclosures in the course of an officer's official employment:

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if a Commonwealth officer discloses personal information to an officer of a Tertiary Admission Centre to assist the officer of the Tertiary Admission Centre in the performance of the officer's duties arising under this Act;

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if an officer of the Tertiary Admission Centre discloses personal information to a Commonwealth officer to assist the Commonwealth officer in his or her official employment;

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if an officer of a higher education provider discloses personal information to an officer of the Tertiary Admission Centre to assist the officer of the Tertiary Admission Centre in the performance of the officer's duties arising under this Act;

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if an officer of the Tertiary Admission Centre discloses personal information to an officer of a higher education provider to assist the provider's officer in the performance of the officer's duties arising under this Act.

Item 8 - At the end of subsection 179-25(1 )

Insert new paragraph 179-25(1)(d) to include an officer of the Tertiary Admission Centre to whom the Commissioner (or a person authorised by the Commissioner) may communicate protected information for use by an officer of the Tertiary Admission Centre officer in the course of the officer's official employment.

Item 9 - At the end of paragraph 179-35(1 )( d )

Inserts new subparagraphs 179-35(1)(d)(v) and (vi) to extend the offence under section 179-35 to include circumstances where the personal information is held on a computer of a Tertiary Admission Centre or held on behalf of a Tertiary Admission Centre.

Items 10 and 11 - After paragraph 74(1 )( a) and 74(3 )( a) of Schedule 1A

Insert new paragraphs 74(1)(aa) and (3)(aa) to extend the definitions of VET officer and official employment (of an officer) for the purposes of the Act.

Items 12 and 13 - Clause 75 of Schedule 1A

Insert new paragraphs 75(ca), (e), (f) and (g) to include, for the purposes of paragraph 73(d), that the following disclosures are taken to be disclosures in the course of an officer's official employment:

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(ca) if a Commonwealth officer discloses VET personal information to an officer of a Tertiary Admission Centre to assist the officer of the Tertiary Admission Centre in the performance of the officer's duties arising under Schedule 1A of this Act;

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(e) if an officer of a VET provider discloses VET personal information to an officer of a Tertiary Admission Centre to assist the officer of the Tertiary Admission Centre in the performance of the officer's duties arising under Schedule 1A of this Act;

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(f) if an officer of the Tertiary Admission Centre discloses VET personal information to a Commonwealth officer to assist the Commonwealth officer in the Commonwealth officer's official employment;

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(g) if an officer of a Tertiary Admission Centre discloses VET personal information to an officer of a VET provider to assist the officer in the performance of the officer's duties arising under Schedule 1A of this Act.

Item 14 - After paragraph 76(1 )( a) of Schedule 1A

Insert new paragraph 76(1)(aa) to include an officer of the Tertiary Admission Centre to whom the Commissioner (or a person authorised by the Commissioner) may communicate VET personal information to assist the officer of the Tertiary Admission Centre officer in the performance of the officer's duties arising under Schedule 1A of this Act.

Item 15 - At the end of paragraph 78(1 )( d) of Schedule 1A

Inserts new subparagraphs 78(1)(d)(iii) and (iv) to extend the offence under clause 78 to include circumstances where the VET personal information is held on a computer of a Tertiary Admission Centre or the VET personal information is held on behalf of a Tertiary Admission Centre.

Items 16 and 17 - Subclause 1(1) of Schedule 1

Inserts new definitions for officer of a Tertiary Admission Centre and Tertiary Admission Centre in subclause 1(1) of the Dictionary (Schedule 1).