International Law

The Coercive Information-gathering Powers of Government Agencies report by the Administrative Review Council focuses on the powers granted to Government agencies for compelling the provision of information, the production of documents, and the answering of questions.

It considers the use of these powers with specific reference to the legislation and practices of Centrelink, Medicare Australia, the Australian Securities and Investments Commission, the Australian Prudential Regulation Authority, the Australian Taxation Office and the Australian Competition and Consumer Commission.

Examples of recommended best practice it considers will ensure that agencies use their powers effectively, efficiently and with due regard to individual rights include:

• agencies should consider alternative means of obtaining information before using coercive information-gathering powers;
• coercive information-gathering powers should only be delegated to sufficiently senior and experienced officers in an agency;
• coercive information-gathering notices should comply with privacy legislation and inform recipients of their rights in relation to privilege. 

Matters covered by the principles include what the 'trigger' threshold for use of the powers should be, which agency officers should exercise the powers, the conduct of hearings, training, privilege, and the exchange of information between agencies.