Family Assistance (Household Organisational Management Expenses (HOME) Advice Program) Determination 2004

Overview

The Family Assistance (Household Organisational Management Expenses (HOME) Advice Program) Determination 2004 was enacted to facilitate the operation of the Household Organisational Management Expenses (HOME) Advice Program by allowing the use of protected information to assist families at risk of homelessness, unmanageable debt, and other forms of crisis. This legislation was introduced to address the problem of identifying and intervening with families in precarious situations, thereby preventing homelessness and aiding in their financial and housing stability. The Family and Community Legislation Amendment (Australians Working Together and other 2001 Budget Measures) Act 2003, enacted by the Australian Parliament, provided the legislative basis for the amendment of the A New Tax System (Family Assistance) (Administration) Act 1999, which was necessary to implement the 2001-2002 Budget measure concerning the Family Homelessness Prevention and Early Intervention Pilot. The policy objective of the HOME Advice Program is to use relevant Centrelink data to identify families at risk and provide them with the necessary support and services to regain stability.

Scope and Application

The Family Assistance (Household Organisational Management Expenses (HOME) Advice Program) Determination 2004 applies to individuals and entities who are authorised to obtain, record, disclose or otherwise use protected information under the A New Tax System (Family Assistance) (Administration) Act 1999. The Act primarily targets families at risk of homelessness and unmanageable debt, identified through relevant Centrelink data. The scope of the Act is national, operating under the Commonwealth jurisdiction and specifically for the purposes of the HOME Advice Program. The Act enables the use of protected information to assist these families in regaining stability in housing and financial circumstances, and accessing community services and employment programs. The Act does not specify any exclusions, exemptions, or thresholds, but rather focuses on facilitating the intervention strategies outlined in the HOME Advice Program. The Minister has the power to specify additional purposes for which protected information can be used, extending the application of the Act through subordinate instruments.

Key Provisions

The main operative sections of the Family Assistance (Household Organisational Management Expenses (HOME) Advice Program) Determination 2004 are sections 1 through 4. Section 1 identifies the name of the disallowable instrument, while Section 2 specifies the commencement date of the Determination, which is 15 sitting days after it is tabled in Parliament. Section 3 defines the terms used within the instrument, and Section 4 explicitly allows the obtaining, recording, disclosure, or other use of protected information for the purposes of the HOME Advice Program. This provision is crucial as it aligns with subsections 162(1) and 162(2) of the Family Assistance Administration Act 1999, thereby enabling the use of protected information in the HOME Advice Program. The obligations and requirements imposed by the Act on the parties or entities it governs are primarily centred around the secure and lawful use of protected information. The Act mandates that protected information can only be obtained, recorded, disclosed, or used for the specific purpose of the HOME Advice Program, which aims to assist families at risk of homelessness and financial instability. This ensures that the information is used ethically and only for its intended purpose, thereby maintaining the trust and confidentiality of the individuals involved. Additionally, the Act underscores the importance of adhering to the statutory framework set out in the Family Assistance Administration Act, particularly in relation to how protected information is handled and utilised. Any breach of the provisions set out in the Determination could lead to significant consequences. Although the Act does not explicitly detail specific offences, penalties, or consequences for non-compliance, it is likely that such breaches would be addressed under the overarching legislation, the Family Assistance Administration Act. The misuse of protected information can potentially result in civil or criminal liability, with penalties that may include fines or imprisonment, depending on the severity and intent of the breach. The Act's emphasis on protecting the integrity and confidentiality of the information underscores the gravity of adhering to its provisions. In summary, the Family Assistance (Household Organisational Management Expenses (HOME) Advice Program) Determination 2004 provides clear guidance on how protected information can be used for the benefit of families at risk, ensuring that such information is handled responsibly and ethically. By clearly defining the scope and purpose of information usage, the Act imposes stringent obligations on the entities involved and sets out the potential consequences for non-compliance, thereby reinforcing the importance of adhering to its provisions.