EXPLANATORY STATEMENT
Child Support (Registration and Collection) (Designated Program Act) Specification 2011 (No. 2)
Background
The Human Services Legislation Amendment Act 2011 (the Amendment Act) integrated Medicare Australia and Centrelink into the Department of Human Services (the Department) from 1 July 2011. The Department is responsible for delivering the child support program through the Child Support Registrar, under the Child Support (Registration and Collection) Act 1988 (CS(R&C) Act) and the Child Support (Assessment) Act 1989.
The Amendment Act inserted a new section 16AB (the “multiple secrecy provisions”) into the CS(R&C) Act, with effect from 1 July 2011. Section 16AB sets out how secrecy laws apply in a situation where the Department holds particular customer information in circumstances where, on their face, two or more different secrecy regimes apply to the use or disclose of that information by the Department. Section 16AB applies equally to information collected by the Department prior to 1 July 2011 and to information collected on or after 1 July 2011.
The effect of the multiple secrecy provisions is that, where the Department holds the same piece of information about a particular person under more than one program (such as child support and medicare) that have secrecy regimes, the Department is able to use and disclose that information if it complies with one of the secrecy regimes.
Further information on the operation of new section 16AB can be found at pages
96-98 of the Revised Explanatory Memorandum to the Human Services Legislation Amendment Bill 2011.
Section 16AB applies to secrecy regimes in “designated program Acts”. A list of designated program Acts is set out in subsection 16AB(3). In addition, an Act may be a designated program Act if it is specified in a legislative instrument made by the Minister for Human Services for the purposes of paragraph 16AB(3)(o).
The Child Support (Registration and Collection) (Designated Program Act) Specification 2011 (No. 2) (the Specification) specifies the Taxation Administration Act 1953 (TAA) as a designated program Act for the purposes of paragraph 16AB(3)(o).
The Australian Taxation Office (ATO) regularly discloses taxation information to the Child Support Registrar for the purpose of administering the CS(R&C) Act and the Child Support (Assessment) Act 1989. Some of this taxation information is protected by on-disclosure restrictions in Division 355 of Schedule 1 of the TAA. Generally, customer information held by the Child Support Registrar is protected by the secrecy provisions in the CS(R&C) Act and the Child Support (Assessment) Act 1989. The specification of the TAA as a designated program Act for the purposes of paragraph 16AB(3)(o) ensures that the Child Support Registrar and the Department are able to handle all customer information held for the purpose of the child support program in accordance with the secrecy regime in the CS(R&C) Act and the Child Support (Assessment) Act 1989, including information disclosed by the ATO.
Consultation
No public consultation was undertaken in relation to the Specification as no consultation was considered necessary. The Specification makes a technical, machinery amendment to the law to provide certainty for the Child Support Registrar and employees of the Department in relation to the requirements for the handling of customer information. The Specification only affects the obligations of the Secretary of the Department, the Child Support Registrar and employees of the Department, not other parts of government or the community more generally.
The Specification commences on the day it is registered on the Federal Register of Legislative Instruments.
No statutory preconditions needed to be satisfied prior to the making of the Specification.
Overview
The Child Support (Registration and Collection) (Designated Program Act) Specification 2011 (No. 2) was enacted to address the integration of Medicare Australia and Centrelink into the Department of Human Services. This change was formalised by the Human Services Legislation Amendment Act 2011, which introduced a new section 16AB into the Child Support (Registration and Collection) Act 1988. This section, known as the "multiple secrecy provisions," outlines how secrecy laws apply when the Department holds customer information subject to multiple secrecy regimes. The objective of the Specification is to ensure that the Department can appropriately use and disclose information that falls under more than one secrecy regime, such as child support and taxation information, while complying with the relevant secrecy provisions. This ensures that the Department can manage customer information effectively, including data disclosed by the Australian Taxation Office, in accordance with the secrecy regime stipulated in the Child Support (Registration and Collection) Act 1988 and the Child Support (Assessment) Act 1989.
Scope and Application
The Child Support (Registration and Collection) (Designated Program Act) Specification 2011 (No. 2) provides clarification and technical amendments to the Child Support (Registration and Collection) Act 1988 and the Child Support (Assessment) Act 1989, following the integration of Medicare Australia and Centrelink into the Department of Human Services. This Specification applies to the Department of Human Services, the Child Support Registrar, and employees of the Department, and is concerned with the handling of customer information, particularly where multiple secrecy regimes may apply. By specifying the Taxation Administration Act 1953 as a designated program Act, it ensures that the Child Support Registrar can appropriately manage customer information, including that disclosed by the Australian Taxation Office, in accordance with the secrecy provisions of the CS(R&C) Act and the Child Support (Assessment) Act 1989. The Specification does not require consultation as it pertains only to internal administrative obligations and does not affect the broader community.
Key Provisions
The main operative sections of the Child Support (Registration and Collection) (Designated Program Act) Specification 2011 (No. 2) (the Specification) involve the specification of the Taxation Administration Act 1953 (TAA) as a designated program Act under section 16AB of the Child Support (Registration and Collection) Act 1988 (CS(R&C) Act). This is detailed in section 3 of the Specification and it aims to ensure that the Child Support Registrar and the Department of Human Services can manage customer information in line with the secrecy provisions of the CS(R&C) Act and the Child Support (Assessment) Act 1989. The CS(R&C) Act, which includes the new section 16AB inserted by the Human Services Legislation Amendment Act 2011, governs the use and disclosure of information when multiple secrecy regimes apply, allowing compliance with one regime if necessary.
The obligations imposed by the Specification are primarily administrative and pertain to the Department of Human Services, the Child Support Registrar, and their employees. These obligations include ensuring that customer information, including that disclosed by the Australian Taxation Office (ATO) under the TAA, is handled in accordance with the secrecy provisions of the CS(R&C) Act and the Child Support (Assessment) Act 1989. This ensures that any information shared for the purpose of administering the child support program is protected under the appropriate secrecy regime, thereby maintaining confidentiality and compliance with legal requirements.
Regarding the consequences of breach, the Specification does not introduce new offences or penalties but rather clarifies the legal framework within which existing secrecy provisions must be observed. The TAA, as a designated program Act, still retains its own restrictions and penalties for unauthorized disclosure, which are detailed in Division 355 of Schedule 1 of the TAA. Unauthorized disclosure of information in breach of the TAA can result in significant civil and criminal penalties, including substantial fines and imprisonment. However, the Specification itself does not stipulate additional penalties but ensures that the handling of information is legally compliant with the specified secrecy regimes.
In summary, the Specification ensures that the Department of Human Services, the Child Support Registrar, and their employees can manage customer information under the CS(R&C) Act’s secrecy provisions when the TAA also applies. This avoids conflicts between different secrecy regimes and maintains the integrity and confidentiality of customer information. While the Specification does not introduce new penalties, it reinforces the importance of adhering to existing secrecy laws, particularly those under the TAA.