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Appendix 5 — Memorandums of understanding and exchange of letters agreement

Australian Human Rights Commission Memorandum of Understanding

The OAIC held a Memorandum of Understanding (MOU) with the Australian Human Rights Commission (AHRC) which covers the provision of corporate services to the OAIC. This included financial, administrative, information technology and human resources. The OAIC paid $2,013,726 for these services in 2011–12. The OAIC also sub-let premises in Sydney from the AHRC under this arrangement.

ACT Government Department of Justice and Community Safety Memorandum of Understanding

The OAIC renewed a MOU with the ACT Government Department of Justice and Community Safety until 30 June 2013. Under the MOU, the OAIC provided a number of privacy services to the ACT Government including: handling privacy complaints and enquiries about ACT Government agencies, providing policy advice, carrying out audits, providing privacy training on request, and facilitating the Information Contact Officers Network (ICON).

In 2011–12, the OAIC received $97,900 for the provision of these services.

Centrelink

The OAIC continued to undertake its responsibilities under the Data-matching Program (Assistance and Tax) Act 1990 throughout 2011–12. The OAIC received annual funding of $372,976 from Centrelink to support the costs of monitoring the conduct of the data-matching program.

Australian Customs and Border Protection Service Memorandum of Understanding

The OAIC has held an agreement with the Australian Customs and Border Protection Service (Customs) since May 2008. The OAIC provides ongoing privacy advice as well as two audits a year of various aspects of Customs’ use of Passenger Name Record data. The OAIC invoiced Customs for $121,206 in 2011–12 to support the costs of this work. This MOU ceased in June 2012. It is the OAIC’s intention to seek renewal of this MOU in 2012–13.

Department of Human Services Memorandum of Understanding — Service Delivery Reform

The OAIC held an agreement with the Department of Human Services to provide privacy advice in relation to the Government’s Service Delivery Reform Agenda and to respond to privacy matters arising from the implementation of service delivery reform. The term of the original agreement was from 1 February 2010–31 January 2011. This was renewed for a further year from 1 February 2011–31 January 2012. The OAIC received $247,500 under the MOU for this period. The MOU was again extended from 1 February to 30 June 2012. During this period the OAIC received $55,000 under the MOU.

Department of Human Services Memorandum of Understanding — General

The OAIC held an agreement with the Department of Human Services to provide dedicated privacy advice to the Department of Human Services in relation to all its functions including the functions of Centrelink, Medicare, Child Support, Australian Hearing and CRS Australia. The OAIC received $148,500 under this agreement in 2011–12.

Department of Infrastructure and Transport Memorandum of Understanding

The OAIC held an agreement with the Department of Infrastructure, Transport, Regional Development and Local Government to provide privacy advice in relation to the development and implementation of body scanning technology in Australian international airports. The term of the original agreement was from 9 June 2010 to 8 June 2011. It was then extended for a further six month period until 31 December 2011.

Department of Health and Ageing Memorandum of Understanding — Personally Controlled Electronic Health Records

The OAIC held an agreement with the Department of Health and Ageing to provide dedicated services in relation to privacy matters involving the Personally Controlled Electronic Health Records system. The OAIC received $664,000 under this agreement in 2011–12. The MOU was due to expire on 30 June 2012 but was extended until 31 October 2012.

Department of Health and Ageing Exchange of Letters agreement

The OAIC held an agreement with the Department of Health and Ageing in relation to oversight of the Healthcare Identifiers Service for the period July 2011–June 2012. Under the agreement the OAIC provided a number of services including: handling privacy complaints and enquiries about the misuse of healthcare identifiers by Australian Government agencies, private sector organisations or individuals, providing policy advice and guidance to Australian Government agencies, private sector organisations and individuals, conducting up to two audits of the Healthcare Identifiers Service Operator (Medicare), producing an annual report on the OAICs compliance and enforcement activities relating to healthcare identifiers.

The OAIC received $550,000 under this agreement in 2011–12.