About the Inquiry
On 5 August 2008, the ALRC received Terms of Reference from the Attorney-General of Australia to review relevant laws and practices relating to the protection of Commonwealth information, including the scope and appropriateness of legislative provisions regarding secrecy and confidentiality.
Federal legislation contains a large number of provisions that impose duties on public servants concerning information that comes to them by virtue of their office.
Many of these provisions create serious criminal offences for unauthorised disclosure. Some provisions prohibit the disclosure by a public servant of any kind of information acquired in the course of his or her duties. Other provisions protect particular kinds of information including information relating to ‘personal affairs’, commercially sensitive information, and information obtained by law enforcement and other investigatory agencies. Some federal provisions also prohibit the authorised collection, possession, recording, receipt and solicitation of Commonwealth information.
The ALRC has been directed to consider options for ensuring a consistent approach across government to the protection of Commonwealth information, balanced against the need to maintain an open and accountable government through providing appropriate access to information.
Other matters that the ALRC is required to consider include:
- the desirability of having comprehensive, consistent and workable laws and practices in relation to the protection of Commonwealth information;
- the increased need to share such information within and between governments and with the private sector;
- the importance of balancing the need to protect Commonwealth information and the public interest in an open and accountable system of government; and
- previous reports (including previous reports of the ALRC) that have identified the need for reform in this area
The ALRC had identified the need for such a review in previous inquiries and so is pleased to be the body asked to undertake this project.
In Keeping Secrets: The Protection of Classified and Security Sensitive Information (2004, ALRC 98) the ALRC recommended a major review of all legislative and regulatory provisions giving rise to a duty not to disclose official information and federal secrecy provisions. The ALRC recommended a similar review in For Your Information: Australian Privacy Law and Practice (2008, ALRC 108).
As with all ALRC inquiries, there will be a strong focus on community input.
The ALRC released an Issues Paper, Review of Secrecy Laws (Issues Paper 34), in December 2008. This Issues Paper outlines the scope of the review, and seeks stakeholder feedback on a number of questions. The closing date for submissions to Issues Paper 34 is 19 February 2009.
A more detailed Discussion Paper—which will contain preliminary proposals for reform for community discussion—is planned for release in May 2009.
Please register an interest in the Inquiry to receive email updates on the progress of the inquiry, as well as consultation papers when they are released.