Notice of a Data Matching Program - New Compliance Data Sources

Administered by Services Australia

Legislation au C2013G01343 In force Gazette

Legislation content

 

The Australian Government Department of Human Services

NOTICE OF A DATA MATCHING PROGRAM

 

Under section 195 of the Social Security (Administration) Act, the Federal Department of Human Services requested and collected from eBay Inc the name, address, date of birth of sellers with significant sales.

 

This program has been named New Compliance Data Sources and enables the Department of Human Services to identify social welfare recipients who may not have disclosed income and assets to the Department of Human Services.

 

  • The details will be electronically matched with specific Department of Human Services data holdings, to identify non-compliance with income or other reporting obligations. Records exceeding 5,000 individuals will be matched.
  • Previous matching has indicated that up to 9,000 persons have been identified as power sellers as well as being in receipt of welfare payments.

 

A document describing this program has been prepared in consultation with the Office of the Australian Information Commissioner. A copy of this document is available from:

 

Intelligence Section

Louisa Lawson Building

25 Cowlishaw Street

Greenway ACT

 

The Federal Department of Human Services complies with the Office of the Australian Information Commissioner’s Guidelines on Data Matching in Commonwealth Administration which includes standards for data matching to protect the privacy of individuals and the security of information.

 

Overview

The Data Matching Program under the Social Security (Administration) Act 1999 was enacted to enhance the identification and verification of social welfare recipients who may not have disclosed income and assets to the Department of Human Services. This initiative was introduced to address the issue of non-compliance with income reporting obligations among welfare recipients, particularly those with significant unreported income from activities such as online selling. The Federal Department of Human Services is responsible for executing this program, which involves collecting and matching personal details from third-party sources like eBay Inc with their existing data holdings to ensure compliance. The overarching policy objective is to maintain the integrity of the social welfare system by ensuring accurate reporting and preventing potential fraud or misuse of welfare benefits. The program adheres to guidelines established by the Office of the Australian Information Commissioner to protect privacy and information security.

Scope and Application

The New Compliance Data Sources program, as authorised under section 195 of the Social Security (Administration) Act, applies to sellers on the eBay platform who have made significant sales, defined as exceeding a certain threshold. This data matching initiative allows the Federal Department of Human Services to cross-reference the personal details of these sellers, including names, addresses, and dates of birth, with their own records to ascertain whether these individuals have reported their income and assets accurately. The program is specifically designed to target social welfare recipients who may have undisclosed income or assets, thereby ensuring compliance with reporting obligations. The scope of this program is broad, encompassing all sellers who meet the criteria of significant sales, as determined by eBay Inc. The geographic reach of this initiative is limited to the Commonwealth of Australia, as it pertains to the obligations of social welfare recipients under federal law. The program adheres to the guidelines set forth by the Office of the Australian Information Commissioner, ensuring that privacy and data security standards are upheld during the data matching process.

Key Provisions

The primary provision of this legislation is section 195 of the Social Security (Administration) Act, which enables the Federal Department of Human Services to request and collect specific personal information from third-party entities such as eBay Inc. This data matching program, referred to as New Compliance Data Sources, allows the Department to obtain the name, address, and date of birth of sellers with significant sales. The main objective of this initiative is to identify social welfare recipients who may have failed to disclose their income and assets to the Department of Human Services, thus ensuring compliance with income and reporting obligations (section 195). Under this Act, the Department of Human Services is obligated to collect and match the personal information obtained from eBay Inc with its existing data holdings. This process aims to identify any discrepancies or non-compliance with income or other reporting requirements. The Department is also responsible for ensuring that this data matching program complies with the Office of the Australian Information Commissioner's Guidelines on Data Matching in Commonwealth Administration. These guidelines include specific standards for data matching to protect the privacy of individuals and maintain the security of information. The Act imposes several requirements on the Federal Department of Human Services. Firstly, the Department must obtain the necessary personal information from third-party entities such as eBay Inc, as per section 195 of the Social Security (Administration) Act. Secondly, the Department must match this information with its existing data holdings to identify any non-compliance with income or reporting obligations. Additionally, the Department must adhere to the Office of the Australian Information Commissioner's Guidelines on Data Matching in Commonwealth Administration to protect the privacy of individuals and maintain the security of information. In cases of non-compliance with the provisions of this Act, there may be both civil and criminal consequences. However, the specific offences, penalties, or consequences are not detailed within the provided text. It is important to note that the Federal Department of Human Services must ensure that the data matching program adheres to the Office of the Australian Information Commissioner's Guidelines on Data Matching in Commonwealth Administration, which includes standards for data matching to protect the privacy of individuals and the security of information. Failure to comply with these guidelines may result in potential penalties or consequences for the Department.

Legal classification tags

Area of Law
Privacy Law
Social Security Law
Instrument
Gazette Notice
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Data Protection

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.