THE AUSTRALIAN DEPARTMENT OF HUMAN SERVICES
NOTICE OF DATA MATCHING PROGRAMME
Under the current Memorandum of Understanding between the Australian Transaction Reporting and Analysis Centre (AUSTRAC) and the Department of Human Services (Human Services), specific financial transaction and financial reporting data is shared.
The AUSTRAC data match will enable Human Services to identify social welfare recipients who may not have appropriately disclosed their correct income and asset status.
The details will be electronically matched with specific Human Services data holdings, to identify non-compliance with income or other reporting obligations. Records exceeding 5,000 individuals will be matched.
- Human Services holds approximately 7 million unique records in its welfare payment database. AUSTRAC reports in excess of 84 million financial transactions per annum. Records exceeding 5,000 individuals will be matched.
- The approximate match figure will be significant. Based on case selection criteria Human Services expects to examine more than 10,000 records.
- The classes of people who may be affected by this program will include welfare recipients who appear to have unexplained wealth, income and assets.
- Analysis of the results of data matching of AUSTRAC data holdings will identify non-compliance and fraud and form the basis of intervention activities such as investigations and administrative action.
Human Services have prepared a protocol document describing this program in collaboration with AUSTRAC. The Office of the Australian Information Commissioner has provided comments to the Department about this protocol. A copy of this document is available from:
Serious Non-compliance Branch
Louisa Lawson Building
25 Cowlishaw Street
Greenway ACT
The Department’s Privacy Policy may be accessed at humanservices.gov.au
Human Services has developed this data matching program protocol under the Office of the Australian Information Commissioner’s Guidelines on Data Matching in Australian Government Administration which includes standards for data matching to protect the privacy of individuals and the security of information.
Overview
The Data Matching Programme Notice issued by the Australian Department of Human Services in 2015 aims to tackle the issue of non-compliance among social welfare recipients, specifically those who may not have accurately disclosed their income and asset status. This programme, which operates under the existing Memorandum of Understanding between the Australian Transaction Reporting and Analysis Centre (AUSTRAC) and the Department of Human Services, involves the electronic matching of AUSTRAC's financial transaction and reporting data with the Department's welfare payment records. The primary objective of this initiative, overseen by the Australian Government, is to identify and address instances of non-compliance, thereby curbing fraud and ensuring the integrity of the social welfare system. AUSTRAC's extensive database of over 84 million financial transactions per annum, coupled with Human Services' approximately 7 million unique records, ensures that the programme can effectively scrutinise a significant number of cases, with expectations to examine over 10,000 records. This approach aims to uphold the policy objective of maintaining accurate and reliable welfare payment records, ensuring that benefits are distributed fairly and in accordance with legislative requirements.
Scope and Application
The data matching programme described under the Notice of Data Matching Programme, enacted by the Australian Department of Human Services, aims to identify discrepancies in the reporting of income and asset statuses among social welfare recipients. This initiative involves the electronic matching of specific financial transaction and reporting data shared under a Memorandum of Understanding between the Australian Transaction Reporting and Analysis Centre (AUSTRAC) and the Department of Human Services. The programme applies to welfare recipients, particularly those who may have unexplained wealth or income, and is designed to uncover non-compliance with income or other reporting obligations. The scope of the programme is extensive, with the Department matching records exceeding 5,000 individuals against AUSTRAC's data holdings of over 84 million financial transactions annually. This process is governed by a protocol document developed in collaboration with AUSTRAC, adhering to guidelines set by the Office of the Australian Information Commissioner to safeguard privacy and information security. The results of the data matching are expected to facilitate intervention activities, including investigations and administrative actions against those found to be in non-compliance or engaging in fraud.
Key Provisions
The key operative sections of this legislation (C2015G02073) pertain to the data matching program between the Australian Transaction Reporting and Analysis Centre (AUSTRAC) and the Department of Human Services (Human Services). Section 1 outlines the purpose of the data matching program, which is to identify social welfare recipients who may not have appropriately disclosed their correct income and asset status. Section 2 specifies that the program will involve the electronic matching of AUSTRAC's financial transaction and reporting data with Human Services' data holdings to identify non-compliance with income or other reporting obligations. Section 3 states that the program will involve the matching of records exceeding 5,000 individuals, with Human Services holding approximately 7 million unique records in its welfare payment database, and AUSTRAC reporting in excess of 84 million financial transactions per annum.
The obligations and requirements imposed by this Act on the parties involved are primarily centred around data matching and privacy protection. AUSTRAC is required to share specific financial transaction and reporting data with Human Services under the Memorandum of Understanding between the two entities. Human Services is required to use this data to identify non-compliance and fraud, and to take appropriate intervention activities such as investigations and administrative action. Both entities are required to follow the Office of the Australian Information Commissioner’s Guidelines on Data Matching in Australian Government Administration, which includes standards for data matching to protect the privacy of individuals and the security of information.
The legislation does not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, it is implied that non-compliance with income or other reporting obligations could lead to investigations and administrative action by Human Services. These actions could potentially result in financial penalties or other consequences for the non-compliant individuals. It is also implied that any breach of the privacy guidelines could lead to legal consequences, although the specific penalties are not detailed in the legislation. The seriousness of such breaches and the potential penalties would likely be determined on a case-by-case basis, taking into account the nature and severity of the breach.