Privacy Act 1988 Part III Division 4 - Tax File Number Guidelines 1992 – Amendment No.1, 2010
Explanatory Statement under s. 26(1) of the Legislative Instruments Act 2003
Reasons for Amendment
- The Paid Parental Leave Act 2010 (PPL Act) was passed by Parliament on 17 June 2010 and received Royal Assent on 14 July 2010. The PPL Act gives effect to the Paid Parental Leave scheme (PPL scheme) which commences on 1 January 2011.
- The PPL Act permits Centrelink to handle Tax File Numbers (TFNs) in certain circumstances in order to give effect to the PPL scheme. Under the TFN Guidelines issued under section 17 of the Privacy Act 1988, TFNs are not to be used, collected or disclosed unless authorised by taxation, assistance agency or superannuation law.
- To permit the handling of TFNs under the TFN Guidelines in relation to the PPL scheme, there is a need to amend the definition of ‘Assistance agency law’ in TFN Guideline 9.9, which currently does not include the PPL Act.
Consultation Process
- The Office of the Australian Information Commissioner (OAIC) notified the following Government agencies about the proposed amendment to the TFN Guidelines:
- Department of Families, Housing, Community Services and Indigenous Affairs
- Department of the Prime Minister and Cabinet
- Department of Human Services
- Department of the Treasury
- Australian Prudential Regulation Authority and
- Australian Taxation Office.
The OAIC also notified the primary civil society group dealing with privacy issues, the Australian Privacy Foundation, of the proposed amendment.
As the amendment is required in order to give effect to the PPL scheme, and the handling of TFNs for this purpose is similar to existing arrangements for payments by assistance agencies involving the use of the TFN, the OAIC has not conducted more extensive consultation. However, the OAIC intends to complete a general review of the TFN Guidelines in 2011. That review will include public consultation.