5 July 2000

The Australian Electoral Commission notes the Federal Privacy Commissioner's media release issued today regarding his investigation into the provision of electoral roll information to the Australian Taxation Office (ATO) for a one-off mailout to electors on the New Tax System and makes the following statement:

The AEC received the Privacy Commissioner's investigation report on 21 June 2000 and a copy of the legal advice he had obtained on 22 June 2000. The AEC has discussed the Privacy Commissioner's findings with the Solicitor-General of the Commonwealth, Mr David Bennett AO QC.

The Solicitor-General has considered the issues raised by the Privacy Commissioner and has reiterated his view that the AEC has acted lawfully.

The Solicitor-General has confirmed that the AEC was able to provide the ATO with elector information (including date of birth and gender) in electronic format under the combined powers of subsection 91(10) and paragraph 91(4A)(e) of the Commonwealth Electoral Act 1918.

The Solicitor-General's view was initially made public by the Attorney-General in his media release of 8 June 2000. The media release stated that the Solicitor-General's view was "the AEC was entitled to supply the Commissioner of Taxation with a tape or disk of the Electoral Roll" (emphasis added).

However, such a tape or disk of the Electoral Roll could only be used for a purpose prescribed by regulation under Section 91A of the Act and no such regulation was in place. On the basis of this advice the Commissioner of Taxation did not use the information provided by the AEC for the proposed mailout.

Consequently, the elector information was returned to the AEC and was also deleted from the information systems of the ATO and its contractors.

In the media release of 8 June 2000, the Attorney-General indicated that the Government would seek to validate uses of elector information provided in an electronic format by authorised government agencies through either regulation or legislation.

The AEC has acted properly and in accordance with legal advice at all times in this matter and therefore does not consider that it has breached the Privacy Act 1988.

Andy Becker
Electoral Commissioner

MEDIA ENQUIRIES:Anthea Wilson 02 6271 4415 or 0413 452 539