Protecting categories of information
8.28 Many secrecy offences currently prohibit the unauthorised handling of specific categories of Commonwealth information. These include, for example, offences that relate to the disclosure of: · personal information,[23] or information concerning or relating to the affairs of another person;[24] · confidential commercial information[25] or other information that is supplied in confidence;[26] · defence or …
Publications
Read moreWhose conduct should be regulated?
6.3 Chapter 3 provides an overview of the parties regulated by existing federal secrecy provisions. As noted in that chapter, secrecy provisions can apply to:· Commonwealth employees;· organisations or individuals providing services for or on behalf of the Commonwealth;· Commonwealth agencies;· other specific categories of organisations or individuals; or· ‘any person’.6.4 In this section, the ALRC …
Publications
Read moreWhat information should be protected?
6.84 In Chapter 3, the ALRC considers the various categories of information protected by the hundreds of existing secrecy provisions in federal legislation.[86] In this section, the ALRC considers what information should be protected by the new general secrecy offence and the subsequent disclosure offences.6.85 Section 70 of the Crimes Act applies to any current and former …
Publications
Read moreInitial and subsequent disclosures
6.128 Most secrecy provisions regulate the initial unauthorised disclosure of Commonwealth information. As McGinness has noted, however, this can give rise to problems:Where a secrecy provision permits disclosure to other government agencies then, in the absence of a specific provision, the persons receiving the information are not bound by that statute to maintain its confidentiality …
Publications
Read moreWhich exceptions and defences should be expressly included?
7.12 Chapter 3 identifies a range of exceptions and defences found in existing secrecy provisions, that is, where disclosure is· in the course of a person’s functions and duties;· for the purposes of a particular law;· authorised by specified persons;· to specified persons or entities;· for the purposes of legal proceedings;· for the purposes of law …
Publications
Read moreOther issues
Consent of the Attorney-General to prosecute7.152 The consent of the Attorney-General must be obtained before a prosecution can be commenced for breach of certain secrecy provisions. For example, the Attorney-General, or a person acting under his or her direction, must consent prior to a prosecution under s 79 of the Crimes Act[166] or s 91.1 of the …
Publications
Read moreGovernment response to ALRC Report 74
Released on 16 February 1999 by IP Australia and Mr Warren Entsch MP, Parliamentary Secretary to the Minister for Industry, Science and ResourcesRecommendation No 1. Australian law should continue to provide statutory protection for industrial designs.Response: AcceptedNo 2. Reform of designs law that can be achieved within the current framework of intellectual property law should …
Inquiries
Read moreTerms of Reference
Intellectual property rights over genetic materials and genetic and related technologies 1. I, DARYL WILLIAMS, Attorney-General of Australia, following consultation with the Commonwealth Biotechnology Ministerial Council, and having regard to: the objective of the protection of intellectual property rights to contribute to the promotion of technological innovation, to the mutual advantage of producers and users …
Inquiries
Read moreTerms of Reference
Review of Secrecy Laws I, ROBERT McCLELLAND, Attorney-General of Australia, having regard to: 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 …
Inquiries
Read more1. Introduction to the Inquiry
BackgroundOn 17 July 2009, the Attorney-General of Australia, the Hon Robert McClelland MP, asked the Australian Law Reform Commission (ALRC) to conduct an Inquiry together with the New South Wales Law Reform Commission (NSWLRC) into particular questions in relation to family violence that had arisen from the March 2009 report, Time for Action, produced by …
Publications
Read more