Footnotes

Chapter 1 - Introduction

[1] The Taskforce undertook over 160 consultations and received more than 100 submissions. The Government also established an access card website with an email facility, which received over 500 comments from the public; and an access card information hotline which received over 1800 calls.

[2] More the 120 submissions from government and non-government organisations, as well as individuals, were received in response to the exposure draft.

Chapter 2 - Overview of the bill

[1] Participating agencies are the Department of Human Services (including the Child Support Agency, and CRS Australia), the Department of Veteran's Affairs, and the Human Services agencies including Centrelink, Medicare Australia, Australian Hearing Services and Health Services Australia Limited.

[2] Most of the text in this chapter is taken directly from the bill, the Explanatory Memorandum to the bill, and the Second Reading Speech.

[3] Clause 12, Clause 22.

[4] Clause 15.

[5] Second Reading Speech, p. 4.

[6] Explanatory Memorandum, Clause 17, p. 20.

[7] Clause 17. For those individuals receiving benefits from the Department of Veteran's Affairs, information about veteran status will also be included on the register.

[8] Clause 18.

[9] Clause 20.

[10] Clause 23. In approving an application form, the Secretary must consult with the Privacy Commissioner and take into account any comments made by the Privacy Commissioner; however, a failure to comply with this requirement does not affect the validity of the approval of the form.

[11] Applications will be able to be made at a variety of locations and offices throughout Australia, including existing Medicare and Centrelink offices. Explanatory Memorandum, Clause 23, p. 27.

[12] Clause 24. A person may be exempted from having a photograph taken or being required to produce a signature in certain circumstances detailed in section 65 of the bill. For example, persons living in remote Australia, homeless persons, frail persons or persons with a disability, or people at risk may not be required to provide all the specified information.

[13] Explanatory Memorandum, Clause 13, p. 18.

[14] Clause 28.

[15] Second Reading Speech, p. 4.

[16] Explanatory Memorandum, Clause 34, p. 38.

[17] Explanatory Memorandum, Clause 40, p. 40-41.

[18] Explanatory Memorandum, Clause 41, p. 41.

[19] Explanatory Memorandum, Clause 44, p. 43.

[20] Explanatory Memorandum, Clause 46, p. 45.

[21] Second Reading Speech, p. 4-5.

[22] Explanatory Memorandum, Clause 45, p. 44.

[23] Explanatory Memorandum, Clauses 47 to 53, pp. 46-50.

[24] Explanatory Memorandum, Clause 54, p. 51.

[25] Explanatory Memorandum, Clause 61, p. 55.

[26] Explanatory Memorandum, Clause 63, p. 56.

[27] Explanatory Memorandum, Clause 65, p. 58.

[28] Explanatory Memorandum, Clauses 68-71, pp. 59-61.

Chapter 3 - Key issues

[1] Submission 39, p. 9.

[2] The Australian Government submission lists 12 matters not addressed in the first bill which presumably will be covered in subsequent tranches of access card legislation. Submission 39, pp 11-12.

[3] For a description of both tenders, see Committee Hansard, Additional Budget Estimates, 16 February 2007, p. 4.

[4] Submission 39, p. 9.

[5] See Australian Bankers Association (ABA), Committee Hansard, 5 Melbourne 2007, Melbourne, pp 53-56. See also ABA, Submission 52 and Abacus – Australian Mutuals, Submission 56.

[6] Advice from AUSTRAC (dated and received 14 March 2007) and Department of Human Services, Answers to Questions on Notice, Questions from Senator Nettle 6 March 2007, (received 9 March 2007), Question 8, p. 15.

[7] Committee Hansard, 6 February 2007, Canberra, pp 6, 10.

[8] Human Services (Enhanced Service Delivery) Bill 2007, clause 30, page 31. See also Explanatory Memorandum, pp 32-33.

[9] Australian Government, Submission 39, p. 33.

[10] Department of Human Services, Submission 39a, p.1.

[11] Department of Human Services, Submission 39a, pp 2-3.

[12] Department of Human Services, Submission 39a, p. 3.

[13] Department of Human Services, Submission 39a, p. 4.

[14] Ms Johnston, Committee Hansard, 2 March 2007, p. 21.

[15] Submission 29, p. 3. See also, for example, Access Card No Way Campaign, Submission 41, p. 5.

[16] The Government has stated that the card will not be a national identity card; will not be compulsory for every Australian; will not be an electronic health record; will not record your financial details; will not be required to be carried at all times; will not be required to transact normal everyday business; will not be required to be shown to anyone other than for the provision of health and social services benefits provided by the Australian Government and to confirm concession status. Human Services (Enhanced Service Delivery) Bill 2007, Second Reading, p. 2.

[17] Consumer Access and Privacy Taskforce, Discussion Paper Number 1: The Australian Government Health and Social Services Access Card, 15 June 2006, pp. 18-19.

[18] Committee Hansard, 6 March 2007, p. 59.

[19] Committee Hansard, 6 March 2007, p. 60.

[20] Committee Hansard, 6 March 2007, p. 60.

[21] Ms Curtis, Committee Hansard, 6 March 2007, p. 36.

[22] Department of Human Services, Submission 39a, p.1

[23] Department of Human Services, Submission 39a, p. 9.

[24] Department of Human Services, Submission 39a, p. 11.

[25] Department of Human Services, Submission 39a, p. 11.

[26] Australian General Practice Network, Submission 12, p. 4.

[27] Mr Warner, Committee Hansard, 5 March 2007, p. 18.

[28] Ms O'Rourke, Committee Hansard, 5 March 2007, p. 64.

[29] Committee Hansard, 6 March 2007, p. 58.

[30] Ms Curtis, Committee Hansard, 6 March 2007, p. 36.

[31] Department of Human Services, Submission 39a, p. 19.

[32] Professor Allan Fels, Consumer Access and Privacy Taskforce, Committee Hansard, 6 March 2007, p. 57.

[33] Committee Hansard, 6 March 2007, p. 57.

[34] See, for example, ACT Government Chief Minister's Department, Submission 28, pp 6-7.

[35] Access Card Consumer and Privacy Taskforce, Discussion Paper Number 2: Voluntary Medical and Emergency Information, 21 February 2007. The report made nine recommendations, and noted that the storage of personal emergency and medical data on the card differed from other data storage issues in that the card holder does so on an understanding that the data is there to be used by third parties, primarily for the assistance of the card holder themselves. Third parties therefore have an interest in the integrity of the data, and it must be ensured that the operation of such a system must be in accordance with the (competing) priorities of all parties.

[36] Access Card Consumer and Privacy Taskforce, Discussion Paper Number 2: Voluntary Medical and Emergency Information, 21 February 2007, p. 6.

[37] Ms Curtis, Committee Hansard, 6 March 2007, p. 35.

[38] Ms Curtis, Committee Hansard, 6 March 2007, p. 35.

[39] Ms Curtis, Committee Hansard, 6 March 2007, p. 35.

[40] Submission 39, p. 19.

[41] Submission 39, p. 19. See also Department of Human Services, Answers to Questions on Notice, Questions from Senator Nettle 6 March 2007, (received 9 March 2007), Questions 9 and 10, pp 16-17.

[42] Submission 39, p. 71.

[43] Access Card: Consumer and Privacy Taskforce, Report Number One, September 2006, p. 28.

[44] Committee Hansard, 5 March 2007, Melbourne, p. 4.

[45] Australian Privacy Foundation, Submission 30, p. 3.

[46] Ms Versey, Committee Hansard, 5 March 2007, Melbourne, pp 5-6.

[47] Access Card No Way, Submission 41, p. 3; Cyberspace Law and Policy Centre, Submission 43, Attachment, p. 3. See also Ms Versey, acting Victorian Privacy Commissioner, Committee Hansard, 5 March 2007, p. 2.

[48] Australian Privacy Foundation, Submission 30, p. 3. Public Interest Advocacy Centre, Submission 44, p. 7.

[49] Submission 43, Attachment, p. 4.

[50] Access Card: Consumer and Privacy Taskforce, Report Number One, September 2006, p. 34.

[51] Submission 39, p. 57. See also Department of Human Services, Answers to Questions on Notice, Questions from Senator Nettle 21 February 2007, (received 9 March 2007), Question 69, p. 3.

[52] Submission 59, p. 2. See also the discussion of security in Access Card: Consumer and Privacy Taskforce, Report Number One, September 2006, p. 58.

[53] Committee Hansard, 6 March 2007, p. 63.

[54] Explanatory Memorandum, p. 20.

[55] Submission 48, p. 5.

[56] Consumer and Privacy Taskforce, submission on the exposure draft of the bill, p. 2.

[57] Committee Hansard, 6 March 2007, pp 61-62.

[58] Liberty Victoria, Submission 35, p. 13.

[59] Cyberspace Law and Policy Centre, Submission 43, p. (2).

[60] Liberty Victoria, Submission 35, p. 1.

[61] Australian Government, Submission 39, p. 82.

[62] Cyberspace Law and Policy Centre, Submission 43a, p. (2).

[63] Office of the Victorian Privacy Commissioner, Submission 48, pp 8-9.

[64] Office of the Privacy Commissioner, Submission 46, pp 7-8.

[65] The relevant section of the Anti-Money Laundering and Counter-Terrorism Financing Act provides that in performing the AUSTRAC CEO’s functions, the AUSTRAC CEO must consult with a number of officers including the Privacy Commissioner and take into account any comments made in the course of those consultations.

[66] Ms Curtis, Committee Hansard, 6 March 2007, p. 40. See also Professor Greenleaf, Committee Hansard, 2 March 2007, p. 33.

[67] Committee Hansard, 2 March 2007, p. 26.

[68] Access Card: Consumer and Privacy Taskforce, Report Number One, September 2006, pp 45-49.

[69] Australian Government's Response to the Access Card Consumer and Privacy Taskforce's Advice to the Minister for Human services: Report Number 1, November 2006, p. 10.

[70] Submission 39, p. 71.

[71] Answers to Questions on Notice, Questions from Senator Lundy 5 March 2007, (received 12 March 2007), Question 3.

[72] Submission 39, p. 31.

[73] Senate Standing Committee for the Scrutiny of Bills, Alert Digest No. 2 of 2007, 28 February 2007, p. 28.

[74] Senate Standing Committee for the Scrutiny of Bills, Alert Digest No. 2 of 2007, 28 February 2007, p. 28.

[75] Australian Government, Submission 39, p. 65.

[76] Australian Government, Submission 39, p. 66.

[77] The Explanatory Memorandum (p. 63) states that there is merit in treating privacy issues in a holistic manner and addressing some of these protections in the access card legislation and that this is an issue that will be fully considered in the development of the second tranche of legislation.

[78] The Parliament of the Commonwealth of Australia, House of Representatives, Human Services (Enhanced Service Delivery) Bill 2007; Explanatory Memorandum, Circulated by the authority of Senator the Hon. Ian Campbell, Minister for Human Services, p. 63.

[79] Senate Standing Committee for the Scrutiny of Bills, Alert Digest No. 2 of 2007, 28 February 2007, p. 29.

[80] Public Interest Advocacy Centre, Submission 44, p. 3.

[81] Office of the Victorian Privacy Commissioner, Submission 48, p. 9.

[82] Public Interest Advocacy Centre, Submission 44, p. 3.

[83] Office of the Victorian Privacy Commissioner, Submission 48, p. 9.

[84] Australian Government, Submission 39, pp 81-82.

[85] Australian Government, Submission 39, pp 79-80.

[86] See Committee Hansard, 6 March 2007, p. 6ff.

[87] Department of Human Services, Answers to Questions on Notice, Questions from Senator Stott-Despoja, 27 February 2007, (received 9 March 2007), Question 11, p. 11.

[88] Department of Human Services, Answers to Questions on Notice, Questions from Senator Stott-Despoja, 27 February 2007, (received 9 March 2007), Question 11, p. 11.

[89] Department of Human Services, Submission 39a, p. 21.

[90] Ms Scott, Committee Hansard, 6 March 2007, p. 95.

[91] Department of Human Services, Submission 39a, p. 8.

[92] Ms Johnson, Committee Hansard, 6 March 2007, p. 111.

[93] Human Services (Enhanced Service Delivery) Bill 2007: Explanatory Memorandum, pp 43, 45.

[94] Liberty Victoria, Committee Hansard, 5 March 2007, pp 62-63.

[95] Road Transport (General) Act 2005, Section 175. (Formerly Section 23(1) of the Road Transport (General) Act 1999[Repealed] and Section 11AD(1) of the Traffic Act 1909 [Repealed].)

[96] NSW Bureau of Crime Statistics and Research, NSW Local Court Statistics 1993 to 2005: Number of charges brought in Local Court appearances finalised.

[97] Australian Bankers Association Inc., Committee Hansard, 5 March 2007, pp 53ff.

[98] Ms Scott, Committee Hansard, 2 March 2007, p. 4.

[99] Dr Alderson, Committee Hansard, 6 March 2007, pp 31-32.

[100] Dr Alderson, Committee Hansard, 6 March 2007, pp 32.

ALP Senators' additional comments

[1] Human Services (Enhanced Service Delivery) Bill 2007, Second Reading, p. 1.

[2] Human Services (Enhanced Service Delivery) Bill 2007, Second Reading, p. 5.

[3] Professor Fels, Committee Hansard, pp 56-60.

[4] For example, see New South Wales Council for Civil Liberties, Submission 29, p. 3; Australian Privacy Foundation, Submission 30, p. 4.

[5] Ms Scott, Secretary, Committee Hansard, FPA Committee, Additional Budget Estimates, 16 February 2007, p. 14.

[6] Attorney-General's Department, Scoping Identity Fraud, September 2001, p. 3.

[7] Mr Jordana, Committee Hansard, Additional Budget Estimates, 13 February 2007, pp 60-01.

[8] Mr Bell, Committee Hansard, 5 March 2007, p. 53; Federal Agent Drennan, Committee Hansard, 6 March 2007, p. 6.

[9] Ms Scott, Secretary, Committee Hansard, FPA Committee, Additional Budget Estimates, 16 February 2007, p. 8.

[10] See Committee Hansard, 2 March 2007, p. 60:

Senator Lundy—.....What is in this contract that would make the winning contractor comply with that key performance indicator and what sanctions exist in the tender documents?

Mr Cook—You are aware that we are under confidentiality deeds with regard to this document.

Senator Lundy—I cannot ask you specific questions about the tender documentation.

Mr Cook—You can ask them but we cannot answer them.

[11] Mr Cook, Committee Hansard, 2 March 2007, pp 60-61.

[12] Mr Riches, Committee Hansard, 5 March 2007, p. 38.

[13] Mr Bray, Committee Hansard, 5 March 2007, p. 41.

The Australian Democrats additional remarks

[1] The late Janine Haines, former Leader of the Australian Democrats, was one of a few well-known people to campaign against the Australia Card see The Formation of the Australian Privacy Foundation http://privacy.org.au/About/Formation.html

[2] Committee Hansard, 2 March 2007, p52.

[3] Committee Hansard, 2 March 2007, p 12.

[4] See Professor Graham Greenleaf, Committee Hansard, 2 March 2007, p45.

[5] See www.privacy.org.au

[6] See Australia's proposed ID card: Still quacking like a duck , Professor Graham Greenleaf, Volume 23, Issue 2 , 2007 available at www.sciencedirect.com.

[7] The evidence of Mr Jordana from the Attorney-General’s department queried the 10-12 minute costing. Specifically he said the amount of time that it takes is an issue that they would have concerns about; it has not been the principal focus obviously of our engagement with them. As I understand the enrolment process that is envisaged, the amount of time that the applicant spends when they physically come to register, if that is the way in which they are going to be registered, would depend on how much information had been provided in advance. I gather there will be scope for information to be provided in advance so that some of the checking that is necessary could be done in advance. That will obviously have an impact on how long a person is in the office to go through the application process. I gather there is a relationship between those two. The time period has not really been an issue which is of interest to our department, per se. See Committee Hansard, 6 March, Canberra, p33.

[8] Committee Hansard, 2 March 2007, Sydney, p11.

[9] Committee Hansard, 2 March 2007, Sydney p25. See http://www.sirca.org.au/news/releases/2003/0302FraudBook.html

[10] Committee Hansard, 6 March 2007, Canberra p14.

[11] http://www.theage.com.au/polls/form.html

[12] See National Identification Cards available at www.privacyinternational.org

[13] Committee Hansard, 6 March 2007, Canberra, p85, Committee Hansard, 2 march 2007, Sydney, p48, 52,64,69,

[14] See http://www.dutchnews.nl/news/archives/2007/01/

[15] http://www.privacyinternational.org/survey/phr2003/countries/estonia.htm

[16] For example, See Privacy Victoria submission, Access card No way Submission, Australian Privacy Foundation Submission, Public Interest Advocacy Committee Submission, Graham Greenleaf submission, Liberty Victoria submission

[17] In an experiment at a London supermarket, more than 50 per cent of fraudulent cards were accepted. Richard Kemp, from the Department of Psychology at Westminster University, told the British Psychological Society conference in London in 1996. Matching a photo to a stranger’s face was 'too difficult'. Dr Kemp's team took over a supermarket staffed by six regular cashiers who were warned to look out for fraudulent cards. A group of 44 students acted as "shoppers" armed with four photo credit cards; one with a photo as the student looked, one with cosmetic changes, and two fraudulent cards of someone who resembled the student and one of someone totally different. Overall more than half of fraudulent cards were accepted; including 64 per cent of the cards bearing a photo of someone who looked similar to the student, and 35 per cent of the other type of fraudulent cards. See http://findarticles.com/p/articles/mi_qn4158/is_19951221/ai_n14025133

[18] Professor Alan Fels, Committee Hansard, 6 March 2007, p. 63

[19] Centrelink, the Child Support Agency and the ATO have each recently admitted they have found multiple cases of staff inappropriately accessing, amending, using and disclosing customer records. Centrelink found 600 staff over a two-year period had committed 790 breaches. The Child Support Agency discovered 405 breaches, including 69 cases where sensitive information including addresses was given to former spouses; in two cases the Government had to pay to relocate families for their own safety. See “Centrelink staff sacked for privacy breaches”, ABC News Online, 23 August 2006, www.abc.net.au; "Eyeing Big Brother", The Canberra Times, 26 August 2006; “Tax office sacks ‘spies’”, The Australian, 29 August 2006, p.1; “Federal blitz on snoops boosted”, The Australian, 29 August 2006, p.33; and “No leaks but 27 stickybeaks inside ATO”, Australian Financial Review, 30 August 2006, p.4.

[20] The 1989 murder in the US of actress Rebecca Schaeffer occurred because in spite of her having an unlisted telephone number and address a stalker tracked her down through the state motor vehicle records. One of the early conciliations in the office of the Victorian Privacy Commissioner included payment of compensation of $25,000 after a government body had disclosed the complainant’s new name and address to her violent ex-partner despite her having made a request to the body not to release this information to anyone. See: Privacy Avoiding the pitfall, Address to the Victorian Government Solicitor’s Office, Helen Versey, Victorian Privacy Commissioner 26 October 2006, www.privacy.vic.gov.au

[21] The individual section of the chip is still subject to ongoing consideration by the government’s Privacy and Consumer Taskforce which has issued a Discussion Paper No 2 titled “ Voluntary and Medical information” available at www.accesscard.gov.au

[22] Senator Stott Despoja asked the following Question on Notice of the Department of Human Services dated 27 February 2007: Will applicants have to pay any money toward the cost of the new card, including loading information to the consumer side of the chip and obtaining a pin number? In reply the Department stated: “It remains an open question as to whether there should be some charge for this service, and if so, who should bear that charge. The general position of the Taskforce is that, since this facility is being accessed at the choice of the individual cardholder it could be the responsibility of the individual to bear the costs associated with it”.

[23] Ms Kathryn Johnson, Department of Human Services, Committee Hansard, 6 March 2007 p117.

[24] As above

[25] As above

[26] Ms Helen Versey, Committee Hansard, 5 March 2007, p. 8.

[27] As above

[28] For example, the Anti-Terrorism Act 2005 (Cth)

[29] Mr O’Sullivan Committee Hansard, 6 March, 2006 p13

[30] Federal Agent Peter Drennan Committee Hansard, 6 March, 2006 p17

[31] Ms Scott, Committee Hansard, 6 March 2007, p 101

[32] Mr Pearce, Liberty Victoria, Committee Hansard, 5 March 2007 p73

[33] Ms Scott, Secretary, Department of Human Services Committee Hansard, 6 March 2007, p 132.

[34] Evidence of Mr Adam Faulkner, Sony, Committee Hearing , 2 March 2007, p 47.

[35] Committee Hansard, , 6 March 2007, p 53

[36] Federal Agent Drennan Committee Hansard, 6 March 2007, p 27

[37] Committee Hansard, 6 March 2007, p 22

[38] See Canada: Stores Downloading License Data Could Be Violating Privacy Laws, 12 March 2007 available at http://www.privacy.org/archives/001939.html

[39] Surveillance and Social Control - Criminal Justice Research Paper available at http://www.freeonlineresearchpapers.com/surveillance-social-control-criminal-justice

[40] Committee Hansard, , 6 March 2007, p 143.

[41] Committee Hansard, 6 March 2007, p 91.

[42] Committee Hansard, 6 March 2007, p 51

[43] Committee Hansard, 6 March 2007, p 85

[44] Ms Anna Johnston, Committee Hansard, 5 March 2007, p. 25.

[45] Ms Helen Versey, Committee Hansard, 5 March, p. 17.

[46] Ms Karen Curtis, Federal Privacy Commissioner, Committee Hansard, 6 March, p 42

[47] Committee Hansard, 6 March 2007, p 56

Australian Greens additional comments and recommendations

[1] Committee Hansard, 2 March 2007, p. 14.

[2] Graham Greenleaf, Australia's proposed ID card: still quacking like a duck, Science Direct, Computer Law & Security Report, Elsevier Ltd 2007, p. 166, provided in Submission 43a.

[3] Graham Greenleaf, Australia's proposed ID card: still quacking like a duck, Science Direct, Computer Law & Security Report, Elsevier Ltd 2007, p. 164, provided in Submission 43a.

[4] Submission 35, pp. 8-13.

[5] The Australian, 7 February, 2007.

[6] An additional submission by the Office of the Access Card received late in the Committee process suggests at least 50,000 readers will be needed but is unclear if these are only for government services and medical practitioners. See Submission 39a, p. 11.

[7] Submission 38, p.3

[8] Submission 58, p. 6.

[9] Committee Hansard, 5 March 2007, p. 41

[10] Committee Hansard, 2 March 2007, p. 15.

[11] Submission 59, p. 2.

[12] See, for example, the suggested amendments by Professor Greenleaf in Submission 43 and the Australian Privacy Foundation Submission 30.