2014
LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY
ATTORNEY-GENERAL AND MINISTER FOR JUSTICE
Information Amendment Bill 2014
SERIAL NO. 101
EXPLANATORY STATEMENT
GENERAL OUTLINE
The purpose of the Bill is to establish a clear legal basis for the collection, use and disclosure of personal information in the event of a disaster or an emergency that might occur inside or outside of the Territory.
NOTES ON CLAUSES
Clause 1.	Short Title
This is a formal clause which provides for the citation of the Bill.  
The Bill when passed may be cited as the Information Amendment Act 2014.
Clause 2.	Commencement
This is a formal clause which provides when the Act will commence.  
The Act will commence on a day fixed by the Administrator by Gazette notice.
Clause 3.	Section 4 amended
This clause defines various words and expressions used in the Act.  
The key definitions are: 
·	‘emergency situation’, which is linked to section 18(1) of the Emergency Management Act which provides that an emergency situation exists during periods of emergency events including a state of emergency and state of disaster;
·	‘code of practice’, to remove the reference to ‘Administrator’ and replace it with ‘Commissioner’, giving effect to the amendments to section 73 as set out in clause 4 below; and
·	‘law enforcement agency’, to extend the definition to the Northern Territory Emergency Service and the Fire and Rescue Service.
Clause 4.	Section 73 amended
This clause amends the procedure for approving a code of practice.  
The amended section 73 provides that the Information Commissioner may approve a draft code as a code of practice by Gazette notice and specify the public sector organisation to which the code of practice applies.  The amended section removes the requirement for the Commissioner to make a recommendation to the Minister for a draft code of practice to be submitted to the Administrator for approval.
Clause 5.		Sections 74 and 75 repealed
This clause repeals sections 74 and 75, which provided that the Minister may submit a draft code of practice to the Administrator for approval and the Administrator may approve a draft code of practice.
Clause 6.		Section 76 amended
This clause amends the reference to repealed section 75 in section 76, which provides when an approved code of practice takes effect, and replaces the reference with section 73.  
Clause 7.		Section 80 amended
This clause amends section 80, which provides for a register of codes of practice, to clarify that the register must include a copy of each code of practice and that the Information Commissioner must publish the register on the Commissioner’s website. 
Clause 8.		Part 5, Division 4 heading amended 
This clause amends the heading of Part 5, Division 4 to remove the reference ‘by Commissioner’ in relation to ‘authorisations’.  
The amendment recognises the addition of new section 81A, through clause 10 below, which provides for authorisations related to an emergency situation.
Clause 9.		Section 81 amended
This clause amends section 81, which provides for ‘grants of authorisations’, to extend the making of grants of authorisations by the Information Commissioner to all Information Privacy Principles (IPPs).
Clause 10.		Section 81A inserted
This clause inserts a new section 81A, to provide for authorisations related to emergency situations.  The new section allows a public sector organisation to collect, use or disclose personal information in a manner that would otherwise contravene or be inconsistent with the IPPs in an emergency situation if the information is for a permitted purpose in relation to the emergency situation.  
A public sector organisation may apply to the Commissioner to allow the organisation to collect, use or disclose personal information for a period of time after the emergency situation for a permitted purpose.
A ‘permitted purpose’ is defined in new section 81A(3) as a purpose that directly relates to the response to, management of or recovery from the emergency situation.
An ‘emergency situation’ is defined in section 4 by reference to section 18(1) of the Emergency Management Act.
Clause 11.		Part 12 inserted
This clause inserts a new Part 12 which provides for transitional matters. 
The transitional matters relate to the approval of codes of practice.  New section 161 provides that section 73 as amended and commenced applies to the approval of a code of practice if a draft code had been submitted to the Information Commissioner but no decision made whether or not to recommend the draft code be submitted to the Administrator for approval.  
It also provides that repealed sections 74 and 75 apply, as if in force, if a draft code was recommended by the Information Commissioner to be submitted to the Administrator for approval. 
Any code of practice in force immediately before commencement continues in force as if it was made by the Information Commissioner under amended section 73.
Clause 12.		Expiry of Act
This is a formal clause which provides the Information Amendment Act 2014 expires the day after it commences.