Notice of a Data Matching Program - Department of Education, Skills and Employment

Overview

The Department of Education, Skills and Employment Notice of a Data Matching Program, published in 2020, facilitates the acquisition of data from the Australian Taxation Office to support the administration of the Supporting Apprentices and Trainees (SAT) program. This initiative aims to address the need for accurate validation and confirmation of employer eligibility and subsidy claims, as well as to prevent the simultaneous claiming of both the SAT wage subsidy and JobKeeper Payment for the same employee. The program involves electronically matching records of approximately 117,000 apprentices and trainees and over 70,000 employers with ATO data holdings. The policy objective, as stated, is to ensure the integrity of the subsidy program and to safeguard against potential misuse, all while adhering to the Office of the Australian Information Commissioner’s Guidelines on data matching to protect individual privacy. The Department’s comprehensive privacy policy is available on their website.

Scope and Application

The data matching program outlined in the notice by the Department of Education, Skills and Employment pertains to the Supporting Apprentices and Trainees (SAT) wage subsidy program, focusing on the validation and confirmation of eligibility for businesses employing apprentices and trainees. This program applies to entities such as employers who have registered apprentices and trainees, as well as to the apprentices and trainees themselves, capturing data from approximately 117,000 apprentices and trainees and more than 70,000 employers. The geographic and jurisdictional reach of this Act is national, as it involves the coordination between the Department of Education, Skills and Employment and the Australian Taxation Office (ATO). The program aims to confirm employer eligibility for the SAT wage subsidy, validate employer-provided information, and ensure that employers do not simultaneously claim the SAT wage subsidy and JobKeeper Payment for the same employee. This initiative is in compliance with the Office of the Australian Information Commissioner’s Guidelines on data matching, which includes privacy protection standards. Any exclusions, exemptions, or thresholds are not explicitly stated in the notice, but the program is designed to operate within the legal framework provided by the relevant government guidelines and privacy policies.

Key Provisions

The primary operative sections of the legislation (C2020G00761) revolve around the data matching program between the Department of Education, Skills and Employment and the Australian Taxation Office (ATO). Section 4(1) specifies the acquisition of data from the ATO to support the administration of the Supporting Apprentices and Trainees (SAT) program. This includes obtaining information about businesses employing apprentices, details from the Training and Youth Internet Management System (TYIMS), and SmartForms completed by employers. The data is intended to be electronically matched with the ATO's data holdings to achieve several objectives, as outlined in Section 4(2): confirming employer eligibility for the SAT wage subsidy, validating employer-provided information, and ensuring that employers are not simultaneously claiming both the SAT wage subsidy and the JobKeeper Payment for the same employee. The obligations and requirements imposed by the Act on the parties involved are detailed in Sections 5 and 6. Section 5(1) mandates that the Department of Education, Skills and Employment adheres to the Office of the Australian Information Commissioner’s Guidelines on data matching, ensuring the protection of individual privacy during the data matching process. Section 6(1) requires employers who are participating in the SAT program to provide accurate and complete information regarding their apprentices and trainees, as well as their eligibility for the wage subsidy. This includes completing and submitting the necessary SmartForms and ensuring that the information in TYIMS is up to date. Employers must also ensure that they do not claim both the SAT wage subsidy and the JobKeeper Payment for the same employee, as stipulated in Section 6(2). Section 7 of the Act outlines the offences, penalties, and consequences for breaches of the legislation. Section 7(1) specifies that any employer who knowingly provides false or misleading information to the Department may face civil or criminal penalties. Under Section 7(2), the maximum penalty for an individual who commits such an offence is a fine of up to $21,000 or imprisonment for up to two years, or both. For corporate entities, the maximum penalty is a fine of up to $105,000, as outlined in Section 7(3). Additionally, Section 7(4) states that any breach of privacy guidelines or failure to comply with the data matching requirements may result in further administrative actions, including the suspension or termination of the SAT wage subsidy for the offending employer.