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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Protection of Information (Entry Registration
Information Relating to COVID-19 and Other
Infectious Diseases) Bill 2021
Contents
1. Short title 2
2. Commencement 2
3. Terms used 2
4. Act binds Crown 5
5. Relationship of this Act to other written laws 5
6. Protection of entry registration information 5
7. Storage of entry registration records 7
8. Destruction of entry registration records 7
9. Liability of officers of body corporate for offence
by body corporate 9
10. Publication of approvals 9
11. Transitional provisions 10
12. Regulations 10
Defined terms
29--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Protection of Information (Entry Registration
Information Relating to COVID-19 and Other
Infectious Diseases) Bill 2021
A Bill for
An Act to protect the confidentiality of certain information obtained
for the purposes of contact tracing relating to COVID-19 and other
infectious diseases.
The Parliament of Western Australia enacts as follows:
page 1
Protection of Information (Entry Registration Information Relating to
COVID-19 and Other Infectious Diseases) Bill 2021
s. 1
1 1. Short title
2 This is the Protection of Information (Entry Registration
3 Information Relating to COVID-19 and Other Infectious
4 Diseases) Act 2021.
5 2. Commencement
6 This Act comes into operation as follows --
7 (a) sections 1 and 2 -- on the day on which this Act
8 receives the Royal Assent;
9 (b) the rest of the Act -- on the day after that day.
10 3. Terms used
11 In this Act --
12 authorised officer has the meaning given in the Public Health
13 Act 2016 section 4(1);
14 CEO means the chief executive officer of the department of the
15 Public Service principally assisting in the administration of this
16 Act;
17 Chief Health Officer has the meaning given in the Public
18 Health Act 2016 section 4(1);
19 commencement day means the day on which section 6 comes
20 into operation;
21 contact tracing, in relation to an infectious disease emergency,
22 means the process of identifying, notifying, communicating
23 with, managing and directing --
24 (a) individuals who --
25 (i) may be, or may have been, a source of infection;
26 or
27 (ii) may have been in contact, directly or indirectly,
28 with, or in the proximity of, an individual who
29 may be, or may have been, a source of infection;
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Protection of Information (Entry Registration Information Relating to
COVID-19 and Other Infectious Diseases) Bill 2021
s. 3
1 or
2 (b) the parents, guardians or carers of, or other persons who
3 have responsibility for the care of, such individuals;
4 Department's website means a website maintained by or on
5 behalf of the department of the Public Service principally
6 assisting in the administration of this Act;
7 entry registration information --
8 (a) means relevant information about the presence of
9 persons at a place, obtained, on the occasion of their
10 entry to the place, for the purposes of contact tracing in
11 relation to an infectious disease emergency by the use of
12 the mobile application known as "SafeWA", or some
13 other contact tracing register or system, whether or not
14 obtained under the Emergency Management Act 2005 or
15 the Public Health Act 2016;
16 but
17 (b) does not include --
18 (i) such information obtained in the ordinary course
19 of carrying on a business or undertaking if the
20 information would have been obtained in any
21 case for purposes other than contact tracing; or
22 (ii) statistical or summary information;
23 entry registration record means any record of entry registration
24 information, including a record in the form of data, text, images
25 or sound;
26 Health Department means the department of the Public Service
27 principally assisting in the administration of the Public Health
28 Act 2016;
29 infectious disease emergency means --
30 (a) an emergency situation or a state of emergency declared
31 under the Emergency Management Act 2005 in respect
32 of an emergency relating to a plague or epidemic (as
page 3
Protection of Information (Entry Registration Information Relating to
COVID-19 and Other Infectious Diseases) Bill 2021
s. 3
1 referred to in paragraph (d) of the definition of hazard in
2 section 3 of that Act); or
3 (b) a public health state of emergency declared under the
4 Public Health Act 2016 in respect of a public health
5 emergency relating to an infectious disease; or
6 (c) a serious public health risk, in respect of an infectious
7 disease, in relation to which an authorised officer is
8 authorised under the Public Health Act 2016
9 section 152(1) to exercise serious public health incident
10 powers;
11 initial storage period, for an entry registration record, has the
12 meaning given in section 8(1);
13 prescribed means prescribed by regulations made under this
14 Act;
15 records contractor means a person engaged under a contract for
16 services to provide services relating to the storage, maintenance,
17 processing or destruction of entry registration records;
18 relevant information means any of the following --
19 (a) a person's name and contact details;
20 (b) details of a person's presence at a place, including --
21 (i) the time and date at which the person entered the
22 place; and
23 (ii) details of any persons accompanying the person;
24 (c) any other information approved by the Minister for the
25 purposes of this definition;
26 responsible person, for an entry registration record, means --
27 (a) for a record in the possession or control of an agency as
28 defined in the Public Sector Management Act 1994
29 section 3(1) -- the chief executive officer, as defined in
30 that section, of that agency; or
31 (b) for a record in the possession or control of a records
32 contractor -- the records contractor; or
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Protection of Information (Entry Registration Information Relating to
COVID-19 and Other Infectious Diseases) Bill 2021
s. 4
1 (c) for any other record -- the person in possession or
2 control of the record;
3 serious public health incident powers has the meaning given in
4 the Public Health Act 2016 section 4(1);
5 statistical or summary information means statistical or
6 summary information that could not reasonably be expected to
7 lead to the identification of an individual;
8 use, in relation to information, includes the following --
9 (a) to possess the information;
10 (b) to copy the information;
11 (c) to control the use of the information;
12 (d) to seize the information;
13 (e) to require the production of the information.
14 4. Act binds Crown
15 This Act binds the Crown in right of Western Australia and, so
16 far as the legislative power of the Parliament permits, the Crown
17 in all its other capacities.
18 5. Relationship of this Act to other written laws
19 (1) This Act has effect despite the Freedom of Information
20 Act 1992 and the State Records Act 2000.
21 (2) To the extent that there is an inconsistency between a provision
22 of this Act and a provision of the Criminal Investigation
23 Act 2006, the Emergency Management Act 2005, the Public
24 Health Act 2016 or any other written law, the provision of this
25 Act prevails.
26 6. Protection of entry registration information
27 (1) Entry registration information cannot be used or disclosed for
28 any purpose other than --
29 (a) contact tracing; or
page 5
Protection of Information (Entry Registration Information Relating to
COVID-19 and Other Infectious Diseases) Bill 2021
s. 6
1 (b) purposes related to contact tracing, including (without
2 limitation) --
3 (i) purposes necessary for the support and efficacy
4 of contact tracing; and
5 (ii) purposes necessary for the integrity and security
6 of entry registration information;
7 or
8 (c) a purpose in subsection (4) or (5).
9 (2) Without limiting subsection (1), entry registration information is
10 not admissible in evidence in any criminal or civil proceedings
11 other than proceedings in relation to an offence referred to in
12 subsection (4).
13 (3) A person who uses or discloses entry registration information
14 contrary to subsection (1) commits a crime.
15 Penalty for this subsection:
16 (a) for an individual, imprisonment for 3 years;
17 (b) for a body corporate, a fine of $250 000.
18 Summary conviction penalty for this subsection:
19 (a) for an individual, imprisonment for 12 months and a
20 fine of $20 000;
21 (b) for a body corporate, a fine of $100 000.
22 (4) Entry registration information may be used or disclosed for the
23 purpose of investigating or prosecuting an offence relating to --
24 (a) compliance with an obligation under the Emergency
25 Management Act 2005 or the Public Health Act 2016 to
26 provide or record information for the purpose of contact
27 tracing; or
28 (b) compliance with an obligation under this Act; or
29 (c) compliance with an obligation relating to the recording,
30 use or disclosure of entry registration information
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Protection of Information (Entry Registration Information Relating to
COVID-19 and Other Infectious Diseases) Bill 2021
s. 7
1 under The Criminal Code, the Emergency Management
2 Act 2005 or the Public Health Act 2016; or
3 (d) the giving of false or misleading information in
4 compliance or purported compliance with an obligation
5 referred to in paragraph (a).
6 (5) A public service officer in the Health Department or a records
7 contractor may, with the approval of the Chief Health Officer,
8 use entry registration information for the purpose of deriving
9 statistical or summary information.
10 (6) The Freedom of Information Act 1992 Parts 2 and 4 do not
11 apply to statistical or summary information derived under
12 subsection (5).
13 7. Storage of entry registration records
14 The responsible person for an entry registration record must, so
15 far as reasonably practicable, ensure that the record is stored in
16 a secure manner until it is destroyed.
17 Penalty: imprisonment for 12 months and a fine of $20 000.
18 8. Destruction of entry registration records
19 (1) In this section --
20 initial storage period, for an entry registration record, means the
21 period of 28 days (or, if a different period is prescribed for the
22 infectious disease emergency, that period) beginning on the day
23 after the day on which the information contained in the record
24 was obtained.
25 (2) The responsible person for an entry registration record must
26 ensure that it is destroyed, in accordance with subsection (8), as
27 soon as practicable after the expiry of the initial storage period
28 for the record.
29 Penalty for this subsection: imprisonment for 12 months and a
30 fine of $20 000.
page 7
Protection of Information (Entry Registration Information Relating to
COVID-19 and Other Infectious Diseases) Bill 2021
s. 8
1 (3) If a responsible person for an entry registration record is
2 required under the Emergency Management Act 2005 or the
3 Public Health Act 2016 to retain the record for purposes relating
4 to contact tracing for a specified period (the extended period)
5 that extends beyond the initial storage period, the person --
6 (a) must retain the record for the extended period; and
7 (b) must destroy the record, in accordance with
8 subsection (8), as soon as practicable after the end of the
9 extended period.
10 Penalty for this subsection: imprisonment for 12 months and a
11 fine of $20 000.
12 (4) Subsection (3) has effect despite subsections (2), (6) and (7).
13 (5) Subsections (6) and (7) do not apply to a person who is a
14 responsible person solely because of being the occupier or
15 person apparently in charge of a place referred to in
16 paragraph (a) of the definition of entry registration information
17 in section 3.
18 (6) A responsible person for an entry registration record is not
19 required to destroy the record if, at the expiry of the initial
20 storage period for the record, the record --
21 (a) is required for contact tracing; or
22 (b) is required in the investigation of an offence referred to
23 in section 6(4); or
24 (c) is, or is required as, evidence in proceedings for or in
25 relation to an offence referred to in section 6(4).
26 (7) A responsible person for an entry registration record that is not
27 destroyed in accordance with subsection (2) because of the
28 application of subsection (6)(a) must ensure that the record is
29 destroyed, in accordance with subsection (8), as soon as
30 practicable after it ceases to be required for contact tracing.
31 Penalty for this subsection: imprisonment for 12 months and a
32 fine of $20 000.
page 8
Protection of Information (Entry Registration Information Relating to
COVID-19 and Other Infectious Diseases) Bill 2021
s. 9
1 (8) An entry registration record must be destroyed either --
2 (a) in the manner approved by the CEO; or
3 (b) if no approval under paragraph (a) applies to the
4 record -- by taking all reasonable steps to ensure that
5 the entry registration information contained in the record
6 cannot be retrieved.
7 9. Liability of officers of body corporate for offence by body
8 corporate
9 (1) In this section --
10 officer, in relation to a body corporate, has the meaning given in
11 the Corporations Act 2001 (Commonwealth) section 9.
12 (2) If a body corporate is guilty of an offence against section 6, 7
13 or 8, an officer of the body corporate is also guilty of the
14 offence if the officer failed to take all reasonable steps to
15 prevent the commission of the offence by the body corporate.
16 (3) In determining whether things done or omitted to be done by the
17 officer constitute reasonable steps, a court must have regard
18 to --
19 (a) what the officer knew, or ought to have known, about
20 the commission of the offence by the body corporate;
21 and
22 (b) whether the officer was in a position to influence the
23 conduct of the body corporate in relation to the
24 commission of the offence; and
25 (c) any other relevant matter.
26 10. Publication of approvals
27 (1) If the Minister approves information under paragraph (c) of the
28 definition of relevant information in section 3, the Minister
29 must ensure that the instrument by which the approval is given
30 is published on the Department's website.
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Protection of Information (Entry Registration Information Relating to
COVID-19 and Other Infectious Diseases) Bill 2021
s. 11
1 (2) If the CEO approves a manner of destruction of entry
2 registration records under section 8(8)(a), the CEO must ensure
3 that the instrument by which the approval is given is published
4 on the Department's website.
5 (3) A failure to comply with subsection (1) or (2) does not affect
6 the validity of an approval.
7 11. Transitional provisions
8 (1) This Act applies, on and after commencement day, to entry
9 registration information obtained at any time on or after
10 5 December 2020.
11 (2) However, section 6(1) to (3) do not apply to entry registration
12 information disclosed before commencement day in compliance
13 with an order to produce under the Criminal Investigation
14 Act 2006 Part 6, to the extent necessary for the information to be
15 used, disclosed or admitted in evidence for the purposes for
16 which the order was obtained or for related purposes.
17 (3) If the initial storage period for an entry registration record
18 begins before commencement day, section 8 applies in relation
19 to the record as if the initial storage period for the record begins
20 on commencement day.
21 12. Regulations
22 The Governor may make regulations prescribing all matters that
23 are required or permitted by this Act to be prescribed, or are
24 necessary or convenient to be prescribed for giving effect to the
25 purposes of this Act.
page 10
Protection of Information (Entry Registration Information Relating to
COVID-19 and Other Infectious Diseases) Bill 2021
Defined terms
Defined terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined term Provision(s)
authorised officer ..................................................................................................3
CEO ...................................................................................................................... 3
Chief Health Officer ............................................................................................. 3
commencement day .............................................................................................. 3
contact tracing .......................................................................................................3
Department's website............................................................................................ 3
entry registration information ............................................................................... 3
entry registration record ........................................................................................ 3
extended period ................................................................................................ 8(3)
Health Department ................................................................................................ 3
infectious disease emergency ................................................................................ 3
initial storage period .................................................................................... 3, 8(1)
officer ............................................................................................................... 9(1)
prescribed .............................................................................................................. 3
records contractor .................................................................................................3
relevant information .............................................................................................. 3
responsible person.................................................................................................3
serious public health incident powers ...................................................................3
statistical or summary information .......................................................................3
use ......................................................................................................................... 3
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