Federal Register of Legislation - Australian Government

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Determinations/Other as made
This Determination corrects minor typographical errors in the Statements of Reasons for Public Interest Determinations No.s 11 and 11A.
Administered by: Prime Minister and Cabinet
Registered 24 Dec 2010
Tabling HistoryDate
Tabled HR08-Feb-2011
Tabled Senate08-Feb-2011
Date of repeal 09 Apr 2013
Repealed by Attorney-General's (Spent and Redundant Instruments) Repeal Regulation 2013

                                                   

 

 

 

 

 

 

Explanatory Statement

 

 

Privacy Commissioner’s

Public Interest Determination No.

11B

 

 

 

December 2010

 

 

 


Explanatory Statement

1.    PURPOSE AND AUTHORITY

1.1    Public Interest Determination No. 11B

This explanatory statement fulfils the Privacy Commissioner’s obligations under s26(1) of the Legislative Instruments Act 2003 (Cth).

This explanatory statement refers to Public Interest Determination No. 11B (PID 11B), issued under s72(2) of the Privacy Act 1988 (Cth) (the Privacy Act).

1.2    Purpose

The purpose of PID 11B is to amend certain typographical errors in the Statements of Reasons for the following determinations made on 16 November 2010:

·        Public Interest Determination No. 11 - Collection and use of contact details of genetic relatives to enable use or disclosure of genetic information (PID 11), and

·        Public Interest Determination No. 11A - Collection and use of contact details of genetic relatives to enable use or disclosure of genetic information (PID 11A).

1.3    Provisions for Public Interest Determinations

The Privacy Act provides a mechanism in Part VI for dealing with matters where the public interest in an organisation doing an act or a practice that may breach a National Privacy Principle (NPP) substantially outweighs the public interest in adhering to that Principle.

That mechanism is given effect through the power of the Privacy Commissioner (the Commissioner) to make a public interest determination.  The Privacy Commissioner may make a public interest determination by declaring that a specific act or practice of the organisation will not be a breach of the NPPs, where he or she is satisfied that the public interest in doing so substantially outweighs the public interest in adhering to the NPPs in question.

1.4    Authority for making Public Interest Determination No. 11B

The authority for the Commissioner to make PID 11B rests in s72(2) of the Privacy Act.  Subsection 72(2) states that the Privacy Commissioner may make a written determination about an organisation’s acts and practices in certain circumstances.

A public interest determination made under s72(2) of the Privacy Act is a ‘legislative instrument’: see s5 of the Legislative Instruments Act 2003 (Cth).

Section 33(3) of the Acts Interpretation Act 1901 (Cth) relevantly provides that where an Act confers a power to make any instrument, unless the contrary attention appears, that power is to be construed as including a power to ‘amend or vary any such instrument’.  The power to amend or vary an instrument is to be exercised in a similar manner and subject to similar conditions as the power to make the instrument.

2.    REASONS FOR MAKING THE DETERMINATIONS

In making PID 11B, the Privacy Commissioner took account of the possibility of confusion arising from the typographical errors in the Statements of Reasons for PID 11 and PID 11A.

3.    CONSULTATION PROCESS

Consultation was conducted in connection with the making of PID 11 and PID 11A.  Details of that consultation are included in the Explanatory Statement for those determinations.

No consultation was conducted in connection with the making of PID 11B, as the correction of the typographical errors in the Statements of Reasons for PID 11 and 11A does not alter the operation or effect of those determinations.