Page 308 - Week 01 - Thursday, 11 February 2010
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release of their details. The current process via the FOI act unintentionally inflames neighbourhood disputes and puts the Domestic Animals Registrar in an unenviable position: damned if he releases the information, and damned if he does not. The new proposed section 55A provides the registrar and the Canberra community with clarity around the release of dog owners’ information.
Importantly, in developing the provision, the government was mindful of the operation of the Privacy Act 1988 and, in particular, information privacy principle No 11, which permits the release of personal information if, among other things, it is authorised by law. Section 55A will provide the authority, under law, for the release of information obtained either during an investigation of a complaint or from registration records.
It is also entirely consistent with section 13 of the Freedom of Information Act. I would like to take a moment to remind members of section 13 of the FOI act which provides that nothing in that act is intended to prevent or discourage ministers and agencies from publishing or giving access to documents, otherwise than is required by that act where they can properly do so, or are required by law to do so.
New section 55A provides appropriate safeguards before information can be released. The right to the information is only to those who have suffered as a result of a dog attack or harassment. The Domestic Animals Registrar must be satisfied both that an attack has occurred and that it has resulted in injury or financial loss to the aggrieved person.
The operation of proposed section 55A is limited to information that is in the possession of Domestic Animal Services. If no information is held by Domestic Animal Services, there is no obligation on the registrar to obtain that information. Generally though, Domestic Animal Services will have exercised their power to investigate attacks and incidents of harassment involving domestic animals. To ensure people are aware that their information may be released by the registrar, the dog registration form will be revised to provide a clear statement to dog keepers that their information may be released in the event of their dog attacking or harassing a person or an animal.
Because registration is for the life of the dog, the Department of Territory and Municipal Services will also place information on their website to inform keepers about the operation of the new section 55A. A notice will also be placed in the community noticeboard published in the Saturday Canberra Times. The federal Office of the Privacy Commissioner has concurred with the steps I have just outlined that will be taken to inform people that their personal information may be disclosed for the purpose of section 55.
A further measure of privacy protection not contained in this bill is already built into the Criminal Code. I remind members that under section 338 of the Criminal Code, it is an offence to give false or misleading information to a government official in the course of their duties. That section requires a warning to be given to people who are providing information of the existence of the offence.
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