SENATE

50 SENATE Thursday, 13 October 2016
aware of the reputational aspect of anything that might cause them to be considered as having done the wrong
thing. I think we will find they are extremely focused on that, and we think that is appropriate.
In terms of data breaching—and I assume you are talking about the mandatory notification for data breaching
moved by the Labor Party—certainly the bill, as amended by the government yesterday, already imposes a legal
obligation on a contracted service provider. The contracted service provider and the secretary are to notify the
Information Commissioner when they become aware of a data breach, or a possible data breach, in the handling of
personal information on the register. The government amendment also includes a requirement for certain actions
to be taken in response to the data breach, including containing and evaluating the risks associated with the breach
and prevention of future breaches. Other steps include the Department of Health working with the Information
Commissioner about notifying affected individuals. Any data breaches will be handled using established protocols
for personal information breaches. As you referred to before, the amendments are in line with the provisions in the
My Health Records Act 2012. It ensures a very systematic and measured response. At the same time I think we
need to note that any mandatory requirement may well not give us the outcome we are looking for.
Senator DI NATALE: In regard to the haste with which we are proceeding with this legislation, what are the
financial implications for the contract with Telstra if this legislation were not to pass during this sitting period?
Senator NASH (New South Wales—Deputy Leader of The Nationals, Minister for Regional Development,
Minister for Local Government and Territories and Minister for Regional Communications) (13:37): My advice
is that there are delay penalties, but the bigger impact—and I think everybody would be well aware of this—is
actually not getting it up and running at the date that is targeted.
Senator DI NATALE (Victoria—Leader of the Australian Greens) (13:37): Could you provide me with some
advice about the quantum of those delay penalties?
Senator NASH (New South Wales—Deputy Leader of The Nationals, Minister for Regional Development,
Minister for Local Government and Territories and Minister for Regional Communications) (13:37): I will have
to take that on notice for you, Senator, but I will endeavour to come back to you very quickly with it.
Senator DI NATALE (Victoria—Leader of the Australian Greens) (13:37): I have just one further question
about the recommendations made by the Information Commissioner. I note that many of those have been adopted
by the government and I think they are sensible changes. I am interested as to why the government initially was of
a persuasion not to have an inquiry into the legislation, not to take that evidence, because without those changes
the legislation that was proposed to the Senate would have been inconsistent with My Health Record and many of
the changes that the Information Commissioner has suggested.
Senator NASH (New South Wales—Deputy Leader of The Nationals, Minister for Regional Development,
Minister for Local Government and Territories and Minister for Regional Communications) (13:38): My
understanding is that it was simply a matter of time.
The TEMPORARY CHAIR: The question is that amendments (1) to (3) on sheet 7945 be agreed to.
The committee divided. [13:42]
(The Temporary Chair—Senator Ketter)
Bilyk, CL (teller)
Carr, KJ
Collins, JMA
Di Natale, R
Farrell, D
Gallagher, KR
Ketter, CR
Ludlam, S
McAllister, J
Moore, CM
Polley, H
Rhiannon, L
Siewert, R
Urquhart, AE
Whish-Wilson, PS
Ayes ...................... 29
Noes ...................... 33
Majority ................. 4
AYES
Cameron, DN
Chisholm, A
Dastyari, S
Dodson, P
Gallacher, AM
Hanson-Young, SC
Lines, S
Marshall, GM
McKim, NJ
O'Neill, DM
Pratt, LC
Rice, J
Sterle, G
Watt, M
CHAMBER