Human Services (Centrelink) Act 1997
No. 31, 1997
Compilation No. 15
Compilation date: 1 November 2025
Includes amendments: Act No. 45, 2025
About this compilation
This compilation
This is a compilation of the Human Services (Centrelink) Act 1997 that shows the text of the law as amended and in force on 1 November 2025 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Definitions
4 Act binds the Crown
5 External Territories
Part 3—Chief Executive Centrelink
7 Chief Executive Centrelink
7A Acting Chief Executive Centrelink
8 Functions of Chief Executive Centrelink
8A Chief Executive Centrelink’s service delivery functions
8B Agreements about performance of Chief Executive Centrelink’s functions
12 Delegation
13 Commonwealth consent to conferral of powers etc. on Chief Executive Centrelink by State and Territory laws
14 How duty is imposed on Chief Executive Centrelink by State and Territory laws
15 When State and Territory laws impose a duty on Chief Executive Centrelink
16 Chief Executive Centrelink may be assisted by Departmental employees
Part 5—Miscellaneous
38 Use of protected names and symbols
39 Chief Executive Centrelink may charge for services
40 Centrelink programs
40A Multiple secrecy provisions
41 Regulations
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
An Act relating to the provision of certain services, and for other purposes
Part 1—Preliminary
1 Short title
This Act may be cited as the Human Services (Centrelink) Act 1997.
2 Commencement
This Act commences on 1 July…
Overview
The Human Services (Centrelink) Act 1997 was enacted by the Australian Parliament to provide a legislative framework for the operation of Centrelink, a key agency under the Department of Human Services, responsible for delivering various social security services and benefits. The Act establishes the roles and functions of the Chief Executive Centrelink, delineates the responsibilities and powers associated with these roles, and outlines the conditions under which Centrelink can interact with State and Territory laws. It was designed to address the need for a cohesive and legally sound structure for the administration of social security services within Australia, ensuring that Centrelink operates efficiently and within the bounds of relevant legislative and constitutional constraints.
Scope and Application
The Human Services (Centrelink) Act 1997 applies to the Commonwealth of Australia, including Norfolk Island, the Territory of Cocos (Keeling) Islands, and the Territory of Christmas Island. The Act primarily pertains to the functions and responsibilities of the Chief Executive Centrelink, who is also the Chief Executive Officer of Services Australia. The Chief Executive Centrelink is responsible for providing services, benefits, programs, or facilities under Commonwealth law or through other entities, where Departmental employees are involved in the provision. The Chief Executive Centrelink can delegate their functions to Departmental employees, except when prohibited by other Acts. State or Territory laws may confer powers or duties on the Chief Executive Centrelink, but these must not contravene constitutional doctrines or exceed the legislative power of the Commonwealth. The Act also includes provisions on the use of protected names and symbols, charging for services, and the definition of Centrelink programs, excluding certain specified services such as Medicare programs. The Governor-General has the authority to make regulations to prescribe matters necessary for the Act's implementation and enforcement.
Key Provisions
- The Human Services (Centrelink) Act 1997 (the Act) sets out the framework for the provision of services, benefits, programs, and facilities by the Chief Executive Centrelink. Section 7 establishes the position of the Chief Executive Centrelink, who is responsible for the service delivery functions detailed in section 8A. This includes providing services, benefits, programs, or facilities that are provided for by the Commonwealth or by other entities, for purposes where the Parliament has the legislative power to make laws. The Chief Executive Centrelink can delegate functions to Departmental employees as per section 12, but must ensure that such delegations do not contravene the express provisions of other Acts or the directions of the delegating authority.
- The Act imposes several obligations on the Chief Executive Centrelink and other entities governed by it. For instance, State and Territory laws can impose duties on the Chief Executive Centrelink only if the Commonwealth has consented to such duties under section 13. Section 14 further clarifies the circumstances under which such duties are deemed to be imposed by the Commonwealth or the State or Territory law. Additionally, the Chief Executive Centrelink can charge fees for services provided in connection with the performance of their functions, as stated in section 39.
- Breaches of the Act can result in both civil and criminal consequences. For example, section 38 imposes strict liability for the unauthorised use of protected names and symbols associated with Centrelink operations. The penalty for such an offence is 30 penalty units. Similarly, sections 40A outlines the conditions under which particular information subject to multiple secrecy provisions can be disclosed or used without contravening another designated program Act. Failure to comply with these provisions could lead to legal consequences, including potential fines or imprisonment, depending on the severity of the breach and the specific provisions contravened.
- Area of Law
- Administrative Law
- Consumer Law
- Social Services & Welfare
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Regulatory Standards
- Reporting & Disclosure Obligations
- Offence Provisions