We are pleased to see that after consultation with the veterans’ community, DVA Minister Tehan has asked for an independent Privacy Impact Assessment (PIA) to be conducted outside of the Department of Veterans’ Affairs.
Read the Minister’s Statement here
ADSO combines the strength of over 14 major ESO's to give a powerful collective voice in the fight for a better future for current and former members of the ADF and their families. The government listens when ADSO speaks and it is important for all our members to support the work ADSO is doing in whatever way they can. Please visit the ADSO website adso.org.au to learn more and find out how we can help you.
MRCA act 2004 Digital Readiness and other matters BILL 2017.
Schedule 2 Disclosure of information. This is a NEW section and NEW legislation to be inserted after Section 409 of the MRCA act 2004.
1. Schedule 2 ( if it was applied ) means IE. Veteran (A) has war service lives in Australia, has never been injured and has never required DVA or Compensation from of the legislative ACTs. This means that Under existing legislation and law NO Public servant can not release the veterans or the veterans Families Personal/ Medical information. WHY because the veteran`s (citizen) Privacy is already protected under current existing legislation and law.
Veteran (B) fought in the same war as veteran (A) however Veteran (B) sustained Injuries and had to apply for compensation under the relevant acts. Because Veteran (B) has been injured in war and has sort compensation. Because of schedule 2 Veteran (B) and his family have less protection of their privacy simply and solely because Veteran (B) is administrated by a Government Department.
Veteran (B) would be under a different legislative instrument because of injuries nothing else but pure injuries. This means a Senior Public servant has more power of than a senior member (AAT) a magistrate or a judge. The Public servant can decide when and whenever he or she wants to dispense of Veterans (B) Private personal/ medical information This is an a absolute abuse of power.
2. Veteran (B) has a family, the partner works and both pays taxes they also have dependents. The dependents receive DVA entitlements due to Veterans (B) serious injuries. This means DVA have personal information about Veteran (B) partner ( because DVA pay the dependents entitlements into her account ) and dependents.
The partner and dependents of veteran (B) are citizens of Australia ( The Public ).
Under schedule 2 the DVA Secretary can release a citizens personal/ medical information.This defiantly not in the public interest.
3. Why does the Current DVA Secretary require a such a legislative instrument (schedule 2) constructed for himself.
But what is also disturbing is
Disability Discrimination Act 1992
No. 135, 1992
An Act relating to discrimination on the ground of disability
Part 1—Preliminary
1 Short title
This Act may be cited as the Disability Discrimination Act 1992.
3 Objects
The objects of this Act are:
(a) to eliminate, as far as possible, discrimination against persons on the ground of disability in the areas of:
(i) work, accommodation, education, access to premises, clubs and sport; and
(ii) the provision of goods, facilities, services and land; and
(iii) existing laws; and
(iv) the administration of Commonwealth laws and programs; and
(b) to ensure, as far as practicable, that persons with disabilities have the same rights to equality before the law as the rest of the community; and
(c) to promote recognition and acceptance within the community of the principle that persons with disabilities have the same fundamental rights as the rest of the community.
disability, in relation to a person, means:
(a) total or partial loss of the person’s bodily or mental functions; or
(b) total or partial loss of a part of the body; or
(c) the presence in the body of organisms causing disease or illness; or
(d) the presence in the body of organisms capable of causing disease or illness; or
(e) the malfunction, malformation or disfigurement of a part of the person’s body; or
(f) a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; or
(g) a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour;
and includes a disability that:
(h) presently exists; or
(i) previously existed but no longer exists; or
(j) may exist in the future (including because of a genetic predisposition to that disability); or
(k) is imputed to a person.
The Digital Readiness Bill’s rules are designed to strengthen privacy protections for veterans as their first priority.