Secrecy laws
Friday, June 19th, 2009
The ALRC has released a discussion paper outlining 65 proposals:
There are also chapters on the administrative obligations of the Public Service and fostering effective information handling practices.
(I guess that wouldn't be: we can't give you that for privacy reasons?).
Discussion paper here.
Media release
Media briefing paper
"to balance a growing commitment to increased openness and transparency in government with the legitimate need to maintain the secrecy and confidentiality of some Commonwealth information."
Submissions should be made by a leisurely 7 August 2009. According to the Media Briefing:The chapters fall into four broad areas:
concepts and comparisons;
a general criminal secrecy offence;
specific secrecy offences; and
administrative duties, practices and procedures.
The chapters fall into four broad areas:
-
- concepts and comparisons;
- a general criminal secrecy offence;
- specific secrecy offences; and
- administrative duties, practices and procedures.
and the centre piece would be:
the ALRC proposes that the new general secrecy offence should only impose criminal liability where a particular disclosure did, was reasonably likely to, or was intended to:
- harm the national security, defence or international relations of the Commonwealth;
- prejudice the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction, the enforcement of laws relating to the confiscation of the proceeds of crime, or the protection of the public revenue;
- endanger the life or physical safety of any person;
- pose a serious threat to public health or public safety;
- have a substantial adverse effect on personal privacy; or
- have a substantial adverse effect on a person in respect of his or her lawful business or professional affairs or on the business, commercial or financial affairs of an organisation.
