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Document 1 LEX 9654 Page 1 s47C and 47E(d)

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Document 1LEX 9654

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SIPPLEMENTARY BUDGET ESTIMATES – NOVEMBER 2013

TOPIC: PRIVACY LAW REFORM IMPLEMENTATION PROGRESS

WITNESS: Sue Bird

Chief Counsel

The department is committed to the implementation of the Privacy Law Reforms, including the introduction of the Australian Privacy Principles.

In readiness for 12 March 2014, a project team has been established and is working across the department to assist business areas prepare for, and

implement, their responsibilities and obligations under the Privacy Reforms.

TALKING POINTS The commencement of the Australian Privacy Principles in March

2014 will, to some extent, affect the way the department manages personal information.

Steps taken so far in preparation of the Reforms

A project team has been established to provide assistance to all areas of the department in preparation for the implementation of the Privacy Law Reforms. A network of divisional contact officers has been established to

facilitate the dissemination of information about the reforms and to co-ordinate input from across the department about common practices and procedures.

The project team has developed a number of resources for business areas to assist in implementing the reforms, including factsheets, process maps and information flow diagrams.

The project team is co-ordinating the input and assessment of ICT-based solutions necessary to implement the privacy reforms, in consultation with business areas and ICT stakeholders.

The department has convened an Inter-Departmental Discussion Group with key service delivery agencies, to provide a forum for sharing and developing implementation strategies.

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BACKGROUND The Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Reform Act)

passed through the Australian Parliament on 29 November 2012 and received royal assent on 12 December 2012.

The Reform Act includes a set of new, harmonised, privacy principles for both the public and private sector, called the Australian Privacy Principles (APPs).

These principles will commence 12 March 2014 and replace the existing Information Privacy Principles (IPPs).

There will be 13 new APPs. A number of the APPs differ from the existing IPPs and will require the department to review, and in some cases modify, the way it manages personal information.

The project team has adopted a phased approach to implementation, focusing on three key areas:

Operational (Advice and guidance to business areas about forms, manuals, letters, instructions, notices, contracts)

Policy & Procedure (Advice and guidance to business areas on activities concerning the collection, release, storage and use of sensitive information)

Key focus areas (Advice and guidance to business areas about customer records, employee awareness, Customer messaging, Service delivery)

A number of briefings and forums have been held to assist business areas to prepare for the privacy reforms.

On 30 April 2013, General and National Managers participated in a ‘familiarisation’ briefing presented by the Legal Services Division.

On 1 May 2013, the Australian Information Commissioner Professor John McMillan presented an overview of the reforms to SES officers.

The project team have, on request, briefed various business areas across the department about the reforms and have workshopped the potential impacts of the reforms on those business areas’ operations.

Additional briefings continue to be provided to key branches to assist with preparations for implementation of the reforms.

Cleared by: Sue Bird Position: Chief Counsel, Legal Services Division Date: /11/13 Contact Officer: Phone: Date: 18/11/13 Stakeholder Consultation: No

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DEPARTMENT OF HUMAN SERVICES BRIEF 3.2

Brief 3.2 (10/12/2014) Page 1 of 2

ADDITIONAL ESTIMATES – FEBRUARY 2014

TOPIC: PRIVACY LAW REFORM IMPLEMENTATION PROGRESS

WITNESS: Sue Bird

Chief Counsel

The department is committed to the implementation of the Privacy Law Reforms, including the introduction of the Australian Privacy Principles.

In readiness for 12 March 2014, a project team has been established and is

working across the department to assist business areas to prepare for, and implement, their responsibilities and obligations under the Privacy Reforms.

TALKING POINTS The commencement of the Australian Privacy Principles in

March 2014 will, to some extent, affect the way the department manages personal information.

Steps taken so far in preparation of the Reforms

A project team has been established to provide assistance to all areas of the department in preparation for the implementation of the Privacy Law Reforms. An assessment of the necessary ICT-based solutions to help

achieve compliance has been conducted. A three phased approach to updating systems and work processes has been agreed upon. Building of phase one ICT solutions has commenced, with testing of solutions to occur shortly.

The project team continues to develop resources for business areas to assist in implementing the reforms, including factsheets, process maps and information flow diagrams.

The project team is co-ordinating the preparation of the department’s Privacy Policy.

The department has convened an Inter-Departmental Discussion Group with key service delivery and policy agencies, to provide a forum for sharing and developing implementation strategies.

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Brief 3.2 (10/12/2014) Page 2 of 2

BACKGROUND The Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Reform Act)

passed through the Australian Parliament on 29 November 2012 and received royal assent on 12 December 2012.

The Reform Act includes a set of new, harmonised, privacy principles for both the public and private sector, called the Australian Privacy Principles (APPs).

These principles will commence 12 March 2014 and replace the existing Information Privacy Principles (IPPs) for government agencies, and National Privacy Principles (NPPs) for private sector organisations.

There will be 13 new APPs. A number of the APPs differ from the existing IPPs and will require the department to review, and in some cases modify, the way it manages personal information.

A number of briefings and forums have been held to assist business areas to prepare for the privacy reforms.

On 30 April 2013, General and National Managers participated in a ‘familiarisation’ briefing presented by the Legal Services Division.

On 1 May 2013, the Australian Information Commissioner Professor John McMillan presented an overview of the reforms to SES officers.

The project team have, on request, briefed various business areas across the department about the reforms and have workshopped the potential impacts of the reforms on their business processes.

Additional briefings continue to be provided to assist business areas prepare for the reforms.

Cleared by: Maris Stipnieks TITLE: A/g Chief Counsel, Legal Services Division Date: /02/2014 Contact Officer: Phone: Date: 13/02/14 Stakeholder Consultation: No

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DEPARTMENT OF HUMAN SERVICES BRIEF 3.2

Brief 3.2 (10/12/2014) Page 1 of 2

BUDGET ESTIMATES – JUNE 2014

TOPIC: PRIVACY LAW REFORM IMPLEMENTATION PROGRESS

WITNESS: Maris Stipnieks

General Counsel, Programme Advice Legal and Ombudsman Branch, Legal Services Division

The department is committed to the implementation of the Privacy Law Reforms (including the introduction of the Australian Privacy Principles) that

took effect on 12 March 2014.

In readiness for the reforms, a project team was established and continues working across the department to assist business areas to implement their responsibilities and obligations under the Privacy Reforms.

TALKING POINTS

The commencement of the Australian Privacy Principles in March 2014 has affected the way the department manages personal information.

A project team was established to provide assistance to all areas of the department in preparation for the implementation of the Privacy Law Reforms.

An assessment of the necessary ICT-based solutions to help achieve compliance was undertaken. As a result, a three phased approach to updating systems and work processes is being implemented, with all phases to be delivered by March 2015.

The project team continues to develop and refine resources for business areas to assist in meeting compliance with the reforms, including factsheets, process maps and information flow diagrams.

The project team co-ordinated the preparation of the department’s Privacy Policy, now available on the department’s internet and intranet sites.

The Inter-Departmental Discussion Group of key service delivery and policy agencies, convened by the department as a forum for

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Brief 3.2 (10/12/2014) Page 2 of 2

sharing and developing implementation strategies, continues to meet.

An internal training package has been prepared and is being delivered to ensure all staff are aware of their privacy obligations.

The department also prepared a whole-of-government e-learning package, which is being implemented in a number of Australian Government agencies.

BACKGROUND

The Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Reform Act) passed through the Australian Parliament on 29 November 2012 and received Royal Assent on 12 December 2012.

The Reform Act includes a set of 13 new, harmonised privacy principles for both the public and private sector, called the Australian Privacy Principles (APPs).

These principles commenced on 12 March 2014 and replace both the existing Information Privacy Principles (IPPs) for government agencies and the National Privacy Principles (NPPs) for private sector organisations.

The new requirements under the APPs have meant significant changes for the department, including:

Changes to the methods by which the department collects personal information;

Greater transparency in the department’s handling of personal information, as articulated in the department’s privacy policy;

Changes to letters, forms and products collecting personal information; and

Development and provision of training to all departmental staff on the new privacy obligations.

Cleared by: Maris Stipnieks Position: General Counsel, Legal Services Division Date: DD/05/14 Contact Officer: Phone: Date: 22/05/14 Stakeholder Consultation: No

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