Disclosure of Information in the Register to Law Enforcement Agencies

See also the information on Viewing Information on the Access Card; and Protection of Privacy.

Information provided by people when they register for an access card will be securely stored on the Register. The information that will be recorded during the access card registration process will be protected by legislation. (See information on Viewing Information on the Access Card.)

Under the proposed legislation, information in the Register can not be disclosed to police or intelligence agencies, unless specifically permitted by the secrecy provisions of the legislation, or a warrant has been issued. Law enforcement or security agencies will not have direct access or links to the access card Register. (See information on Protection of Privacy.)

The Australian Security Intelligence Organisation (ASIO), the Australian Secret Intelligence Service (ASIS), federal, state or territory police and the Australian Crime Commission may ask the Department of Human Services (the Department) in writing for information from the access card Register. The written request will have to specify the name of the individual about whom the information is being sought, so no agency will be able to simply browse the Register for a person’s details. Where a police request is made, the crime under investigation must be of a serious enough nature to be punishable by a minimum penalty of two years imprisonment and the request must be made by a senior officer.

The Secretary of the Department of Human Services (the Secretary) will then have discretion whether to provide that information to the requesting agency.

Current arrangements under the Privacy Act 1988 and agency-specific secrecy provisions will remain in place for access to Human Service agencies’ and the Department of Veterans’ Affairs records by federal, state and territory police responding to threat-to-life or threat-of-injury situations, investigation of missing persons, disaster victim identification and emergency responses. If an emergency either in Australia or overseas is declared then the Privacy Act 1988 (Part VIA) will enable information to be released to respond to the emergency. This will ensure disclosure of information for the delivery of prompt services to the victims of tragedy.

The legislation requires that the Secretary will submit an Annual Report to Parliament detailing disclosures of information to the federal, state and territory police and the Australian Crime Commission. The report will state the number of times protected information was disclosed, and may include other general information relating to disclosures. ASIO and ASIS will report on access to the Inspector-General of Intelligence Security.

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