Schedule 1 Amendments

(section 3)

[1] Clause 1A

substitute

1A Name of Determination

This Determination is the Statistics Determination 1983.

[2] After paragraph 6 (2) (b)

insert

(ba) the telephone number of the business or organisation;

[3] Clause 7

substitute

7 Disclosure of unidentified information

(1) Information in the form of individual statistical records may, with the approval in writing of the Statistician, be disclosed if:

(a) all identifying information such as name and address has been removed; and

(b) the information is disclosed in a manner that is not likely to enable the identification of the particular person or organisation to which it relates; and

(c) the Statistician has been given a relevant undertaking by each person required by subclause (2) to give a relevant undertaking in relation to the information.

(2) The persons required to give a relevant undertaking are:

(a) for information to be disclosed to an individual — the individual; and

(b) for information to be disclosed to an official body:

(i) the responsible Minister in relation to, or a responsible officer of, the official body; and

(ii) if the Statistician considers it necessary in a particular case — each individual in the official body who will have access to the information; and

(i) a responsible officer of the organisation; and

(ii) if the Statistician considers it necessary in a particular case — each individual in the organisation who will have access to the information.

(3) In this clause:

relevant undertaking means an undertaking in writing that use of the information in relation to which the undertaking is given is subject to the following conditions:

(a) no attempt will be made to identify particular persons or organisations to which the information relates;

(b) the information will be used only for statistical purposes;

(c) for information to be disclosed to an individual — the information will not be disclosed to anyone without the approval in writing of the Statistician;

(d) for information to be disclosed to an official body or other organisation:

(i) the information will not be disclosed to anyone outside the body or organisation without the approval in writing of the Statistician; and

(ii) if the Statistician considers it necessary in a particular case — the information will not be disclosed to an individual in the body or organisation who has not given a relevant undertaking;

(e) if the Statistician considers it necessary in a particular case — either or both of the following:

(i) the information, and all copies (if any) of the information, will be returned to the Statistician as soon as the statistical purposes for which it was disclosed have been achieved;

(ii) access by officers to information, documents or premises will be given as may be necessary for the purpose of conducting a compliance audit concerning observance of the conditions under which the information is disclosed;

(f) any other condition that, in the opinion of the Statistician, is reasonably necessary in a particular case.

Notes

1. This Determination amends Statutory Rules 1983 No. 19, as amended by 1985 No. 191; 1990 No. 252; 1994 No. 465.

2. Notified in the Commonwealth of Australia Gazette on 9 June 2004.