BRITT LAPTHORNE BILL 2009

i Britt Lapthorne Bill 2009 No. , 2009

Contents

Part 1--Preliminary

1 Short

title

...........................................................................................

2 Commencement

.................................................................................

3 Objects

...............................................................................................

4 Interpretation

......................................................................................

5 Regulations

........................................................................................

Part 2--Alerting families immediately an Australian is

reported missing overseas

6 Reports

about

Australians missing overseas ...................................... 3

Disclosure of personal information about Australians

missing overseas ................................................................................ 3

Requests to opt-out of disclosure arrangement .................................. 3

Part 3--Provision of information and assistance to the families

of missing persons

9 All

reasonable

assistance to be offered .............................................. 5

Part 4--Report on international agreements

10 Report

international agreements ................................................... 6

Britt Lapthorne Bill 2009 No. , 2009 1

A Bill for an Act to ensure that families of

Australians reported missing overseas are given

essential help and information, and for related

purposes

The Parliament of Australia enacts:

Part 1--Preliminary

1 Short title

This Act may be cited as the Britt Lapthorne Act 2009.

Part 1 Preliminary

Section 2

2 Britt Lapthorne Bill 2009 No. , 2009

2 Commencement

This Act commences on the day on which it receives the Royal

Assent.

3 Objects

The objects of this Act are:

(a) to ensure that when an Australian is reported missing in a

foreign country their family is notified immediately; and

(b) to ensure that all reasonable information and assistance is

provided to the families of Australians missing overseas; and

measures it is taking to improve international agreements to

locate Australians missing overseas.

4 Interpretation

In this Act:

department means the Department of Foreign Affairs and Trade.

Minister means the Minister for Foreign Affairs.

5 Regulations

The Governor-General may make regulations prescribing matters:

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or

giving effect to this Act.

Alerting families immediately an Australian is reported missing overseas Part 2

Section 6

Britt Lapthorne Bill 2009 No. , 2009 3

Part 2--Alerting families immediately an

Australian is reported missing overseas

6 Reports about Australians missing overseas

Where the department reports to the local police or other relevant

authority in a foreign country that an Australian national who may

be staying or travelling in that country is believed to be missing,

the department must immediately make all reasonable efforts to

identify and contact the person's next of kin to inform them that

the person has been reported missing.

7 Disclosure of personal information about Australians missing

overseas

(1) Despite any provision in the Privacy Act 1988, where the

department makes contact with a person's next of kin in

accordance with section 6, the department may disclose relevant

personal information about the person to his or her next of kin.

(2) Decisions concerning disclosures made under this section may only

be made by a senior officer of the department authorised by the

Minister.

(3) The department must develop guidelines subject to the Privacy

Commissioner's approval to assist with the application of this

section, including guidance on ascertaining the status of a person

as the "next of kin" of an Australian national travelling overseas.

(4) The department must report to the Privacy Commissioner at the

end of each financial year on the number of occasions on which

disclosure of information under this section took place.

8 Requests to opt-out of disclosure arrangement

(1) A person may request that the department not contact his or her

next of kin in the circumstances described in section 6.

Part 2 Alerting families immediately an Australian is reported missing overseas

Section 8

4 Britt Lapthorne Bill 2009 No. , 2009

(2) If a person has made a request under subsection (1), the department

must not disclose personal information about that person unless

that disclosure is otherwise authorised.

(3) The department must maintain on its website a form allowing a

person to make a request in accordance with subsection (1).

Provision of information and assistance to the families of missing persons Part 3

Section 9

Britt Lapthorne Bill 2009 No. , 2009 5

Part 3--Provision of information and assistance to

the families of missing persons

9 All reasonable assistance to be offered

(1) The Minister, through the department, its agencies and its missions

overseas, must offer all reasonable assistance to the next of kin of

any Australian national travelling overseas who is believed to be

missing.

(2) Without limiting the measures that may be taken, the assistance

referred to in subsection (1) includes:

(a) making representations to foreign governments on behalf of

the person's next of kin;

(b) liaising with foreign authorities;

(3) Decisions concerning what assistance is reasonable in any

particular case must be made by a senior officer of the department

authorised by the Minister.

(4) The department must develop guidelines subject to the Privacy

Commissioner's approval to assist with the application of this

section, including guidance on ascertaining the status of a person

as the "next of kin" of an Australian national travelling overseas.

Part 4 Report on international agreements

Section 10

6 Britt Lapthorne Bill 2009 No. , 2009

Part 4--Report on international agreements

10 Report on international agreements

(1) As soon as practicable after 30 June each year, the Minister must

cause a written report to be prepared on the progress the

Government has made in developing, negotiating and

implementing international agreements to assist in the location of

Australian nationals travelling overseas who are believed to be

missing, including agreements setting out expectations on the level

of assistance which will be forthcoming and the priority to be

given to finding such persons.

(2) The Minister must cause a copy of each report prepared under

subsection (1) to be laid before each House of Parliament within 15

sitting days after the Minister receives the report.

Commonwealth of Australia Bills

BRITT LAPTHORNE BILL 2009