Social Security (Public Interest Certificate Guidelines) (DEEWR) Amendment Determination 2008

Administered by Department of Education, Employment and Workplace Relations

Legislation au F2008L02218 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Social Security (Public Interest Certificate Guidelines) (DEEWR) Amendment Determination 2008

 

Summary

 

The Social Security (Public Interest Certificate Guidelines) (DEEWR) Amendment Determination 2008 (‘the Determination’) is made under subparagraph 209(a)(i) and paragraph 209(b) of the Social Security (Administration) Act 1999 (‘the Act’).

 

The purpose of the Determination is to amend the Social Security (Public Interest Certificate Guidelines) (DEEWR) Determination 2008 (‘the Guidelines’) which specify guidelines for the exercise of the power of the Secretary of the Department of Education, Employment and Workplace Relations (DEEWR), or the Secretary’s delegate, to disclose information if it is in the public interest to do so.

 

The Determination amends the Guidelines with effect from the day after this Determination is registered.

 

The disclosure of protected information to a person, under subparagraph 208(1)(a)(i) of the Act in accordance with the Guidelines, does not give that person the authority to disclose that information to further parties, unless otherwise authorised under law.

 

 

Part 1 – Preliminary

 

Section1 states the name of the Determination.

 

Section 2 provides that the Determination commences the day after it is registered.

 

Section 3 provides that Social Security (Public Interest Certificate Guidelines) Determination 2008 is amended by Schedule 1 of the Determination.

 

Schedule 1

 

This Schedule inserts two new sections to Part 2 of the Guidelines.

 

Item 1 deletes and replaces paragraph 7(1)(c). New paragraph 7(1)(c) provides that a public interest certificate may be given by the Secretary if that disclosure is for the purpose of section 8, 9, 10, 11, 12, 14, 15,16, 16A, 16B or subsection 13(1) or 13(2). This reflects that Item 2 inserts new sections 16A and 16B to Part 2 of the Guidelines.

 

Item 2 inserts into Part 2 of the Guidelines new sections 16A (Establishment of Family Responsibilities Commission) and 16B (Matters of Relevance).

 

Subsection 16A(1) permits disclosure where it is necessary for the purpose of the establishment of the Queensland Family Responsibilities Commission under section 9 of the Family Responsibilities Commission Act 2008 (Qld) (FRC Act) as well as in assisting in the performance of its functions and exercise of its powers.

 

This section is aimed at supporting the Family Responsibilities Commission (FRC) which has been established by the FRC Act.  This newly created statutory body underpins the Cape York Welfare Reform Trials.

 

Under Part 4 of the FRC Act, a notice about a person, called an ‘agency notice’, will be given to the FRC in a wide range of circumstances.  These circumstances include where a child who is a dependant of the person is not enrolled in school, is not meeting school attendance requirements or is the subject of a child protection notification; where the person is convicted of an offence in the Magistrates Court; and where the person is in breach of certain tenancy obligations.  However, the FRC can only hold a conference about a person for whom it has received an agency notice if the person is a ‘community member’ (see sections 7, 8 and 49 and the definition of ‘relevant person’ in the Schedule to the FRC Act). 

 

Accordingly, for each agency notice that the FRC receives, the FRC must determine, before holding a conference: who is the ‘relevant person’ for the agency notice; whether the relevant person is a ‘welfare recipient’ within the meaning of section 8 of the FRC Act; and whether the person is a ‘community member’ within the meaning of section 7 of the FRC Act.

 

The provision of this information by Centrelink, to the FRC will facilitate the operation of the Cape York Welfare Reform Trials. It will support the FRC’s decision-making, enabling the FRC to correctly identify persons who are within the jurisdiction of the FRC and ensuring that conferences are held, and decisions are made, on a valid basis.

 

Subsection 16A(1) is also subject to section 7 of this Determination which requires that any disclosure to a person can only occur where that person has sufficient interest in the information and the information cannot be obtained other than from Centrelink or the Department. A certificate issued under paragraph 208(1)(a) of the Act would also specify who the disclosure can be made to in a given circumstance.

 

Subsection 16A(2) provides that in section 16A, the Family Responsibilities Commission means the Commission established by section 9 of the Family Responsibilities Commission Act 2008 (Qld).

 

Section 16B provides that protected information can be released where this is done for facilitating the progress or resolution of a matter (i.e. a matter that is not already covered by section 202 of the Act that is relevant to any department administering the social security, family assistance law or the Student Assistance Act 1973.  This new section would enable a delegate to release information in the public interest where unusual or urgent circumstances have arisen, and the disclosure is not already covered by a specific provision in the Guidelines.  Section 16B mirrors section 15 of the Family Assistance (Public Interest Certificate) Guidelines 2006, a provision which has been in force for a number of years.

 

Section 16B is also subject to section 7 of the Guidelines which requires that any disclosure to a person can only occur where that person has sufficient interest in the information and the information cannot be obtained other than from Centrelink or the Department. A certificate under paragraph 208(1)(a) of the Act would also specify who specifically the disclosure can be made to in a given circumstance.

 

 

Consultation

 

The Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) were consulted in making the changes to the Guidelines. FaHCSIA consulted the Office of the Federal Privacy Commissioner in relation to the proposed new section 16A (Family Responsibilities Commission) and section 16B (Matters of Relevance) of these guidelines.

 

 

Regulatory Analysis

 

This Determination does not require a Regulatory Impact Statement and/or a Business Cost Calculator Figure. The Guidelines are not regulatory in nature, will not impact on business activity and will have no, or minimal, compliance costs or competition impact. It is not expected that any compliance costs will be incurred by business as a result of this Determination.

 

 

Overview

The Social Security (Public Interest Certificate Guidelines) (DEEWR) Amendment Determination 2008 was introduced to amend the Social Security (Public Interest Certificate Guidelines) (DEEWR) Determination 2008. This amendment was made under subparagraph 209(a)(i) and paragraph 209(b) of the Social Security (Administration) Act 1999, with the aim of enhancing the guidelines for the disclosure of information by the Secretary of the Department of Education, Employment and Workplace Relations or the Secretary’s delegate, when such disclosure is deemed to be in the public interest. The enacting body for this determination was the Parliament of Australia. The policy objective is to support the Family Responsibilities Commission established by the Family Responsibilities Commission Act 2008 (Qld) and facilitate the Cape York Welfare Reform Trials by enabling the FRC to correctly identify persons within its jurisdiction and ensure that decisions are made on a valid basis. The changes include the addition of new sections to the Guidelines, which allow for the disclosure of information to the FRC for specific purposes and in certain urgent or unusual circumstances.

Scope and Application

The Social Security (Public Interest Certificate Guidelines) (DEEWR) Amendment Determination 2008 amends the Social Security (Public Interest Certificate Guidelines) (DEEWR) Determination 2008, which outlines the circumstances under which the Secretary of the Department of Education, Employment and Workplace Relations or their delegate may disclose protected information for the public interest. The amendment applies to entities and individuals involved in the administration of social security, family assistance, and student assistance laws, primarily impacting Centrelink as the primary agency involved in these areas. The Determination clarifies and expands the scope of information that can be disclosed, specifically for the establishment and operations of the Queensland Family Responsibilities Commission, and for facilitating the resolution of matters not explicitly covered by existing provisions. The amendments ensure that any disclosure of information to a third party is limited to instances where the recipient has a sufficient interest in the information and it cannot be obtained from other sources. The Determination does not impose any new compliance costs or competition impacts, as the guidelines themselves are not regulatory in nature. The changes are designed to support the implementation of the Cape York Welfare Reform Trials by ensuring that the Family Responsibilities Commission has the necessary information to operate effectively.

Key Provisions

The Social Security (Public Interest Certificate Guidelines) (DEEWR) Amendment Determination 2008 introduces amendments to the Social Security (Public Interest Certificate Guidelines) (DEEWR) Determination 2008, providing new guidelines for the disclosure of information in the public interest. The key operative sections of the Determination include the insertion of new sections 16A and 16B into Part 2 of the Guidelines (Schedule 1, Items 1 and 2). Section 16A allows for the disclosure of protected information to establish the Queensland Family Responsibilities Commission (FRC) and assist in its functions, while Section 16B permits the disclosure of information to facilitate the resolution of matters relevant to social security, family assistance, or student assistance law, where such matters are not already covered by specific provisions in the Guidelines. The Determination imposes several obligations on the parties it governs. Primarily, it mandates that any disclosure of protected information under the Guidelines must serve a specific purpose as outlined in the amended sections. For instance, the disclosure must be necessary for the establishment of the FRC or for facilitating the progress or resolution of matters relevant to social security or related laws. Furthermore, the Determination stipulates that such disclosures can only occur if the recipient has a sufficient interest in the information and if the information cannot be obtained from other sources (Section 7). A public interest certificate must be issued, specifying who the disclosure can be made to, under paragraph 208(1)(a) of the Social Security (Administration) Act 1999. Failure to comply with the provisions of the Determination may result in various consequences. The Guidelines do not specify explicit offences, penalties, or civil/criminal consequences for breach, but breaches may be subject to general provisions under the Social Security (Administration) Act 1999. Unauthorized disclosure of information could lead to legal action, including fines or other penalties as deemed appropriate by the courts. Additionally, non-compliance with the Determination might affect the operation and effectiveness of the Cape York Welfare Reform Trials by hindering the FRC's ability to make informed decisions based on the disclosed information. The new sections introduced by the Determination aim to support the FRC by ensuring that Centrelink provides necessary information to facilitate the Commission's operations. This includes determining who is a 'relevant person' for agency notices and whether they are 'welfare recipients' or 'community members', which is crucial for the FRC to hold valid conferences and make decisions. By ensuring that such disclosures are made in line with the new guidelines, the Determination seeks to maintain the integrity and effectiveness of the welfare reform trials in Cape York.

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Area of Law
Administrative Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Regulatory Standards
Reporting & Disclosure Obligations
Compliance Obligations
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Public Interest Certificate
Family Responsibilities Commission

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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.