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Social Security (Public Interest Certificate Guidelines) (DEST) Determination 2006

Social Security (Public Interest Certificate Guidelines) (DEST) Determination 2006

Administered by Department of Education, Employment and Workplace Relations

Legislation au F2006L03601 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Summary

The Social Security (Public Interest Certificate Guidelines) (DEST) Determination 2006 (the Guidelines) are made under paragraph 209(1)(a)(i) of the Social Security (Administration) Act 1999 (the Act).

The purpose of the Guidelines is to specify guidelines for the exercise of the power of the Secretary of the Department of Education, Science and Training, or the Secretary’s delegate, to disclose information if it is in the public interest to do so.

Subsection 209(2) of the Act makes the Guidelines a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. This means that the Guidelines are a legislative instrument because of paragraph 6(d) of the Legislative Instruments Act 2003.

The disclosure of protected information to a person, under paragraph 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

Part 1 sets out preliminary information about the Determination, namely, the name of the determination (section 1), commencement (section 2), purpose (section 3), definitions (section 4) and matters to which the Secretary of the Department of Education, Science and Training is to have regard (section 5).

Section 5 provides for matters to which the Secretary must have regard, in the giving of a public interest certificate. The Secretary must have regard to any situation in which a person (to whom the information relates) is, or may be, subject to physical, psychological or emotional abuse. In such a situation, the Secretary must also have regard to whether the person may be unable to give notice of his or her circumstances because of age, disability or social, cultural, family or other reasons. Section 5 is intended to emphasise the importance of the release of protected information where individuals are not in a position to seek assistance themselves.

Part 2—Guidelines—public interest certificate (general)

Part 2 sets out how the release of protected information can generally occur under subparagraph 208(1)(a)(i) of the Act for the purposes of the social security law.

Subsection 6(1) provides that, for the purposes of Part 2, a public interest certificate may be given by the Secretary if:

the information cannot reasonably be obtained from another source;
the disclosure is to a person who has sufficient interest in the information; and
that disclosure is for the purpose of section 7, 8, 9, 10 or 11 or subsection 12(1) or (2).

Subsection 6(2) specifies that a person will have a sufficient interest in the relevant information if the person either has a genuine and legitimate interest in the information or the person is a Minister.

Section 7 permits disclosure of protected information to prevent, or lessen, a threat to the life, health or welfare of a person. This reflects the terms of Information Privacy Principle (IPP) 11(1)(c) in section 14 of the Privacy Act 1988.

Subsection 8(1) permits disclosure of protected information if the disclosure is necessary:

for the enforcement of a criminal law in relation to an indictable offence punishable by imprisonment of 2 years or more, or
for the enforcement of a law imposing a pecuniary penalty equivalent to at least 40 penalty units, or
to prevent an act that may have a significant adverse effect on the public revenue.

In general terms, this reflects the terms of IPP 11(1)(e) in section 14 of the Privacy Act 1988. Alternatively, the disclosure must relate to an offence or a threatened offence against a Commonwealth employee or Commonwealth property, or in departmental or Centrelink premises.

The terms “criminal law” and “penalty units” are defined at subsection 8(2).

Section 9 permits disclosure of protected information to correct a mistake of fact in relation to the administration of a program of the relevant department where either the integrity of the program is at risk if the mistake of fact is not corrected or the mistake of fact relates to a matter that has been, or will be, published.

Section 10 allows the disclosure of information if the disclosure is necessary:

to enable a Minister to consider complaints or issues by, or on behalf of a person, and respond to that person accordingly;
to brief a Minister for a meeting or forum that he or she is to attend;
to brief a Minister in relation to issues raised, or proposed to be raised by or on behalf of a person so that the Minister can respond by correcting a mistake of fact, a misleading perception or impression, a misleading statement or an incorrectly held opinion;
to brief a Minister about a Centrelink error or delay; or
to brief a Minister about an anomalous or unusual operation of the social security law.

Section 11 allows disclosure of protected information which is necessary to assist a court, coronial enquiry, Royal Commission, department or any other authority of a State or Territory in relation to the whereabouts of a missing person or to locate a person (including a missing person). However, disclosure will only be possible if there is no reasonable ground to believe that the missing person would not want the information disclosed.

Subsection 12(1) allows disclosure of protected information which is necessary to assist a court, coronial enquiry, Royal Commission, department or any other authority of a State or Territory in relation to a deceased person, to locate a relative or beneficiary of the deceased person, or in relation to the administration of the estate of the deceased person. However, disclosure will only be possible if there is no reasonable ground to believe that the deceased person would not have wanted the information disclosed. Subsection 12(2) provides that the relevant information may also be disclosed if the information is to establish the death of the person or the place where the death of the person is registered.

Part 3—Guidelines—public interest certificate (homeless young person)

Part 3 sets out how the release of protected information can occur under subparagraph 208(1)(a)(i) of the Act in relation to homeless young people for the purposes of a social security payment.

Section 13 provides that this Part applies in regard to a homeless young person and also provides relevant definitions for the purposes of this Part.

Subsection 14(1) provides that for the purposes of Part 3, a public interest certificate may be given by the Secretary if:

the information cannot be obtained from another source;
the Secretary is satisfied that no harm will result to the homeless young person if information is disclosed; and
the Secretary is satisfied that the disclosure is for the purpose of section 15, 16, 17 or 18.

Subsection 14(2) provides that for the purposes of Part 3, a public interest certificate may be given by the Secretary if:

the information cannot be obtained from another source;
the disclosure is to a welfare authority of a State or Territory;
the homeless young person, to whom the information relates, is either in the care of a welfare authority of a State or Territory or is under 15 years of age; and
the Secretary is satisfied that no harm will result to the homeless young person if information is disclosed.

Section 15 permits disclosure of protected information to an appropriate authority if the information is about a family member of a homeless young person and the Secretary is satisfied that the homeless young person or a family member of the homeless young person has been subjected to abuse or violence.

Disclosure of information to verify a circumstance by which a homeless young person under the age of 15 years may qualify for a social security payment is sanctioned by section 16.

In the case of a reconciliation, or possible reconciliation, between the homeless young person and his or her parent or parents, disclosure of information to facilitate such a reconciliation may be made under section 17.

Section 18 allows for disclosure of information about a homeless young person to a parent, or parents of the homeless young person but only to assure the parent, or parents (but only where the parent or parents have sought such an assurance), that the homeless young person has been in contact with the Department or Centrelink.

Consultation

The Department of Families, Community Services and Indigenous Affairs and the Department of Employment and Workplace Relations were consulted in the making of this Determination, to ensure a co‑ordinated approach in respect of payments under the Act for which they have responsibility. The Department of Human Services was also consulted in relation to service delivery issues.

Regulation impact statement

There was no requirement to prepare a Regulation Impact Statement in regard to the Guidelines, as they are of a minor or machinery nature and do not substantially alter existing arrangements.

Overview

The Social Security (Public Interest Certificate Guidelines) (DEST) Determination 2006 was enacted to provide guidelines for the disclosure of protected information under the Social Security (Administration) Act 1999. This legislation, enacted by the Parliament of Australia, was designed to address the need for a structured approach to disclosing information that is deemed to be in the public interest. The primary objective of this determination is to ensure that information can be shared when necessary for significant purposes such as preventing harm, enforcing criminal laws, correcting administrative errors, or assisting in legal proceedings, while maintaining the privacy and protection of individuals' information. The guidelines are a legislative instrument that mandates the Secretary of the Department of Education, Science and Training to consider specific factors before issuing a public interest certificate, ensuring that the disclosure of information is justified and serves a legitimate purpose.

Scope and Application

The Social Security (Public Interest Certificate Guidelines) (DEST) Determination 2006 is a legislative instrument created to provide guidelines for the Secretary of the Department of Education, Science and Training, or their delegate, when disclosing information that is deemed to be in the public interest under the Social Security (Administration) Act 1999. This instrument applies to the disclosure of protected information concerning individuals, with a focus on vulnerable individuals such as those subjected to abuse, homeless young people, and others who may be unable to seek assistance themselves. The Guidelines apply on a national level, reflecting the jurisdictional reach of the Commonwealth of Australia. The disclosure of information under these guidelines is restricted and does not permit further dissemination of the information unless authorised by other laws. The Guidelines are subject to disallowance and the Secretary must consider specific matters, such as the risk of harm or abuse, when determining whether to issue a public interest certificate. The Guidelines specify circumstances in which a public interest certificate may be issued, including situations where information cannot reasonably be obtained from another source, and where disclosure is necessary to prevent threats to life, health, or welfare, to enforce criminal law or public revenue laws, to correct mistakes in social security program administration, to assist in briefing Ministers, or to locate missing or deceased persons. For homeless young people, additional conditions apply, such as ensuring no harm will result from disclosure and considering the age and care status of the young person. The Guidelines also address disclosure to facilitate family reconciliations and to assure parents of contact with relevant authorities. The instrument does not require a Regulation Impact Statement as it is of minor or machinery nature and does not significantly alter existing arrangements.

Key Provisions

The Social Security (Public Interest Certificate Guidelines) (DEST) Determination 2006 provides guidelines under section 209(1)(a)(i) of the Social Security (Administration) Act 1999 for the Secretary of the Department of Education, Science and Training, or their delegate, to disclose protected information if it is in the public interest to do so. The Guidelines are a legislative instrument made under the Legislative Instruments Act 2003 and can be disallowed under section 46A of the Acts Interpretation Act 1901. Section 5 of the Guidelines directs the Secretary to consider situations where a person to whom the information relates is or may be subject to abuse, and whether the person may be unable to seek assistance due to age, disability, or other reasons. Disclosure of protected information is permitted under specific circumstances, such as preventing a threat to life, health or welfare (section 7), enforcing criminal law (section 8), correcting a mistake of fact (section 9), briefing a Minister (section 10), assisting in locating a missing person (section 11), and assisting in matters relating to a deceased person (section 12). The Guidelines also cover the disclosure of information in relation to homeless young people (Part 3), such as disclosing information to an appropriate authority if a homeless young person or their family member has been subjected to abuse or violence (section 15), verifying circumstances for social security payment (section 16), facilitating reconciliation between a homeless young person and their parent (section 17), and assuring a parent that their child has been in contact with the Department or Centrelink (section 18). The Guidelines impose specific obligations on the Secretary, such as considering whether a person is or may be subject to abuse and whether they are unable to seek assistance, and ensuring that disclosure of protected information is only made if it is in the public interest and cannot reasonably be obtained from another source. The Secretary must also consider the purpose of the disclosure and whether it aligns with the outlined purposes in the Guidelines. Additionally, the Secretary must ensure that disclosure does not result in harm to a homeless young person, unless specific conditions are met (Part 3, section 14). The Secretary must also ensure that the disclosure is to a person who has a sufficient interest in the information, which is defined as having a genuine and legitimate interest or being a Minister. There are no explicit offences or penalties mentioned within the Guidelines themselves. However, any breach of the Social Security (Administration) Act 1999, which the Guidelines support, could result in civil or criminal penalties as prescribed by the Act. The penalties for breaches of the Act can include fines and imprisonment, depending on the nature and severity of the offence. For example, offences under the Privacy Act 1988, which the Guidelines align with in some instances, can attract significant penalties, including fines of up to $210,000 for individuals and $1,050,000 for bodies corporate. The specific penalties for breaches related to the disclosure of protected information under the Guidelines would be governed by the relevant provisions of the Social Security (Administration) Act 1999 and any associated regulations or legislative instruments.

Area of Law: Social Security Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Reporting & Disclosure Obligations; Enforcement Powers; Prohibited Conduct

Interactions

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.

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