It's not written in the bill, which doesn't provide for a duty to consult us. It has not been the standard in other countries with similar legislation to provide for consultation with the Privacy Commissioner for that purpose. Australia is doing it, and I think it's a good thing, but it's not necessarily always done.
For my part, as I've said publicly in my testimony to the Senate and in other contexts, particularly when I talk to government officials, I believe that everyone stands to gain from planning this consultation, because it prevents certain situations. Ultimately, I'm accountable to you, as parliamentarians. If you ask me if I was consulted and I say no, that will raise all kinds of questions. Therefore, I say to the government that this is to everyone's benefit, that we are willing to be consulted and that Parliament can require it if it wishes to do so.
I set my expectations and I will continue to do so. If it's not in the legislation and the government doesn't do it, I will voice my concerns through annual reports and so on. However, I'm optimistic about it.
