Commonwealth Numbered Regulations

STATISTICS AMENDMENT DETERMINATION 2004 (NO. 1) 2004 NO. 114 - SCHEDULE 1

(section 3)

[1] Clause 1A

substitute

1A Name of Determination

This Determination is the Statistics Determination 1983 .

[2] After paragraph 6 (2) (b)

insert

(ba)

the telephone number of the business or organisation;

[3] Clause 7

substitute

7 Disclosure of unidentified information

(1)

Information in the form of individual statistical records may, with the approval in writing of the Statistician, be disclosed if:

(a)

all identifying information such as name and address has been removed; and

(b)

the information is disclosed in a manner that is not likely to enable the identification of the particular person or organisation to which it relates; and

(c)

the Statistician has been given a relevant undertaking by each person required by subclause (2) to give a relevant undertaking in relation to the information.

(2)

The persons required to give a relevant undertaking are:

(a)

for information to be disclosed to an individual — the individual; and

(b)

for information to be disclosed to an official body:

(i)

the responsible Minister in relation to, or a responsible officer of, the official body; and

(ii)

if the Statistician considers it necessary in a particular case — each individual in the official body who will have access to the information; and

(c)

for information to be disclosed to an organisation other than an official body:

(i)

a responsible officer of the organisation; and

(ii)

if the Statistician considers it necessary in a particular case — each individual in the organisation who will have access to the information.

(3)

In this clause:

relevant undertaking means an undertaking in writing that use of the information in relation to which the undertaking is given is subject to the following conditions:

(a)

no attempt will be made to identify particular persons or organisations to which the information relates;

(b)

the information will be used only for statistical purposes;

(c)

for information to be disclosed to an individual — the information will not be disclosed to anyone without the approval in writing of the Statistician;

(d)

for information to be disclosed to an official body or other organisation:

(i)

the information will not be disclosed to anyone outside the body or organisation without the approval in writing of the Statistician; and

(ii)

if the Statistician considers it necessary in a particular case — the information will not be disclosed to an individual in the body or organisation who has not given a relevant undertaking;

(e)

if the Statistician considers it necessary in a particular case — either or both of the following:

(i)

the information, and all copies (if any) of the information, will be returned to the Statistician as soon as the statistical purposes for which it was disclosed have been achieved;

(ii)

access by officers to information, documents or premises will be given as may be necessary for the purpose of conducting a compliance audit concerning observance of the conditions under which the information is disclosed;

(f)

any other condition that, in the opinion of the Statistician, is reasonably necessary in a particular case.