Contents
Part 1—Preliminary 1
1............ Short title............................................................................................ 1
2............ Commencement.................................................................................. 2
3............ Objects................................................................................................ 2
4............ Interpretation...................................................................................... 2
5............ Regulations......................................................................................... 2
Part 2—Alerting families immediately an Australian is reported missing overseas 3
6............ Reports about Australians missing overseas...................................... 3
7............ Disclosure of personal information about Australians missing overseas 3
8............ Requests to opt‑out of disclosure arrangement.................................. 3
Part 3—Provision of information and assistance to the families of missing persons 5
9............ All reasonable assistance to be offered............................................... 5
Part 4—Report on international agreements 6
10.......... Report on international agreements.................................................... 6
A Bill for an Act to ensure that families of Australians reported missing overseas are given essential help and information, and for related purposes
The Parliament of Australia enacts:
Part 1—Preliminary
1 Short title
This Act may be cited as the Britt Lapthorne Act 2009.
2 Commencement
This Act commences on the day on which it receives the Royal Assent.
3 Objects
The objects of this Act are:
(a) to ensure that when an Australian is reported missing in a foreign country their family is notified immediately; and
(b) to ensure that all reasonable information and assistance is provided to the families of Australians missing overseas; and
(c) to require the Government to regularly report on the measures it is taking to improve international agreements to locate Australians missing overseas.
4 Interpretation
In this Act:
department means the Department of Foreign Affairs and Trade.
Minister means the Minister for Foreign Affairs.
5 Regulations
The Governor‑General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Part 2—Alerting families immediately an Australian is reported missing overseas
6 Reports about Australians missing overseas
Where the department reports to the local police or other relevant authority in a foreign country that an Australian national who may be staying or travelling in that country is believed to be missing, the department must immediately make all reasonable efforts to identify and contact the person’s next of kin to inform them that the person has been reported missing.
7 Disclosure of personal information about Australians missing overseas
(1) Despite any provision in the Privacy Act 1988, where the department makes contact with a person’s next of kin in accordance with section 6, the department may disclose relevant personal information about the person to his or her next of kin.
(2) Decisions concerning disclosures made under this section may only be made by a senior officer of the department authorised by the Minister.
(3) The department must develop guidelines subject to the Privacy Commissioner’s approval to assist with the application of this section, including guidance on ascertaining the status of a person as the “next of kin” of an Australian national travelling overseas.
(4) The department must report to the Privacy Commissioner at the end of each financial year on the number of occasions on which disclosure of information under this section took place.
8 Requests to opt‑out of disclosure arrangement
(1) A person may request that the department not contact his or her next of kin in the circumstances described in section 6.
(2) If a person has made a request under subsection (1), the department must not disclose personal information about that person unless that disclosure is otherwise authorised.
(3) The department must maintain on its website a form allowing a person to make a request in accordance with subsection (1).
Part 3—Provision of information and assistance to the families of missing persons
9 All reasonable assistance to be offered
(1) The Minister, through the department, its agencies and its missions overseas, must offer all reasonable assistance to the next of kin of any Australian national travelling overseas who is believed to be missing.
(2) Without limiting the measures that may be taken, the assistance referred to in subsection (1) includes:
(a) making representations to foreign governments on behalf of the person’s next of kin;
(b) liaising with foreign authorities;
(c) translation of documents.
(3) Decisions concerning what assistance is reasonable in any particular case must be made by a senior officer of the department authorised by the Minister.
(4) The department must develop guidelines subject to the Privacy Commissioner’s approval to assist with the application of this section, including guidance on ascertaining the status of a person as the “next of kin” of an Australian national travelling overseas.
Part 4—Report on international agreements
10 Report on international agreements
(1) As soon as practicable after 30 June each year, the Minister must cause a written report to be prepared on the progress the Government has made in developing, negotiating and implementing international agreements to assist in the location of Australian nationals travelling overseas who are believed to be missing, including agreements setting out expectations on the level of assistance which will be forthcoming and the priority to be given to finding such persons.
(2) The Minister must cause a copy of each report prepared under subsection (1) to be laid before each House of Parliament within 15 sitting days after the Minister receives the report.