Introduction
15.1 Cultural change is an important factor in driving reforms, including a shift in emphasis from a much criticised ‘culture of secrecy’[1] towards principles of open government. As one stakeholder commented in the context of the introduction of Government 2.0:Leadership from the highest levels and generational change is required to make this a reality. The …
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Read moreIndividual Commonwealth employees
Risk factors15.5 The Queensland Crime and Misconduct Commission (CMC) has identified a number of risk factors that are associated with the misuse of official information, including intentional non-compliance—that is, the deliberate ‘leaking’ or inappropriate withholding of Commonwealth information—and unintentional non-compliance. 15.6 The CMC notes that, among other factors, the deliberate release of information may be …
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Read moreAgency-specific policies and guidelines
14.23 Agency policies and guidelines will typically be the first point of call for Commonwealth employees seeking to understand their information-handling obligations.14.24 The guide issued for Australian Public Service (APS) employees by the Australian Public Service Commission, APS Values and Code of Conduct in Practice, advises that:Agencies should establish clear policies and guidelines so that …
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Read moreMemorandums of understanding
14.65 Australian Government agencies that regularly share information with other agencies or bodies can formalise the terms of exchange through an MOU. This may provide an additional tool to facilitate compliance with information-handling obligations.14.66 An MOU does not of itself provide a legal basis for the handling of Commonwealth information. Its operation must be underpinned …
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Read moreInformation and communication technology systems
14.78 The capacity for Commonwealth officers to handle information effectively may depend upon the availability of suitable infrastructure—in particular, ICT systems. Commonwealth officers have identified the improvement of the capacity of ICT infrastructure to support information sharing—particularly secure or confidential information—as a key factor in improving their agency’s ability to collaborate with other agencies.[84]Protecting Commonwealth …
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Read moreData matching
14.94 Data matching has been described by the Privacy Commissioner as ‘the large scale comparison of records or files … collected or held for different purposes, with a view to identifying matters of interest’.[106] The sharing of information through data matching may need to take place:where there is a crisis or national emergency;to better examine …
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Read moreCommonwealth information-handling manuals
14.6 Several policies that operate across the Australian Government apply to information handling. Of particular relevance are the PSM and the Australian Government Information and Communications Technology Security Manual (ACSI 33).Australian Government Protective Security Manual14.7 The PSM sets out guidelines and minimum standards in relation to protective security for Australian Government agencies and officers, and …
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Read moreCommonwealth employees outside the APS
13.4 As discussed in detail in Chapter 12, the Public Service Act and related instruments establish a comprehensive administrative secrecy regime for APS employees.[1] However, many Commonwealth employees, including those who may handle some of the most sensitive Commonwealth information, fall outside the ambit of the Public Service Act and therefore are not subject to …
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Read moreFormer Commonwealth employees
13.60 Administrative disciplinary penalties only apply to current Commonwealth employees. They do not apply, for example, to a person whose employment has terminated prior to the disclosure of secret information, or who has resigned when an investigation into that person’s conduct commenced. How, therefore, can official information held by former Commonwealth employees best be protected?13.61 …
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Read morePersons outside Commonwealth employment
13.74 In the following section, the ALRC considers the responsibilities of non-disclosure placed upon individuals who have access to Commonwealth information for reasons other than an employment relationship. These include:private-sector employees who access Commonwealth information under a contract for services;members of Commonwealth boards and committees;state and territory public sector employees; andindividuals without any statutory or …
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