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

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

Administered by Department of Social Services

Legislation au F2006L03466 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Summary

The Social Security (Public Interest Certificate Guidelines) (FaCSIA) 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 Families, Community Services and Indigenous Affairs, 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), revocation of the former instrument (section 3), purpose (section 4), definitions (section 5) and matters to which the Secretary of the Department of Families, Community Services and Indigenous Affairs is to have regard (section 6).

Section 6 provides for matters in 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 6 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 7(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 8, 9, 10, 11 or 12 or subsection 13(1) or (2).

Subsection 7(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 8 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 9(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 9(2).

Section 10 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 11 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 12 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 13(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 13(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 14 provides that this Part applies in regard to a homeless young person and also provides relevant definitions for the purposes of this Part.

Subsection 15(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 16, 17, 18 or 19.

Subsection 15(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 16 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 17.

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 18.

Section 19 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 Education, Science and Training 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.

Changes from previous instrument

Aside from some minor technical and consequential amendments, the only major difference between this Instrument and the Social Security (Public Interest Certificate Guidelines) Determination 2002 is the addition of section 11, which deals with the release of information to, and disclosure by, the Minister for various purposes.

Overview

The Social Security (Public Interest Certificate Guidelines) (FaCSIA) Determination 2006 was enacted to provide guidelines for the disclosure of protected information under the Social Security (Administration) Act 1999. The determination was made under the authority of the Australian Parliament and is intended to clarify the circumstances in which the Secretary of the Department of Families, Community Services and Indigenous Affairs, or their delegate, may disclose information in the public interest. This includes situations where individuals are unable to seek assistance themselves, such as cases of abuse or where information is needed to prevent a threat to life, health or welfare. The determination also addresses specific scenarios involving homeless young people, ensuring that their information is disclosed only when necessary and with appropriate safeguards. The policy objective of these guidelines is to balance the need for information disclosure in the public interest with the protection of individual privacy, ensuring that the disclosure of information is both necessary and appropriate. This balance is achieved by establishing specific criteria that must be met before information can be disclosed, such as the unavailability of the information from another source and the necessity of the disclosure for specific purposes outlined in the determination. The guidelines aim to facilitate the efficient administration of social security programs while protecting the rights and interests of individuals.

Scope and Application

The Social Security (Public Interest Certificate Guidelines) (FaCSIA) Determination 2006 provides guidelines for the disclosure of protected information under the Social Security (Administration) Act 1999. The guidelines apply to the Secretary of the Department of Families, Community Services and Indigenous Affairs, or their delegate, and are intended to facilitate the disclosure of information when it is in the public interest to do so. The disclosure of information under the guidelines is restricted to the purpose for which the information was originally disclosed, unless otherwise authorised by law. The guidelines apply on a Commonwealth level and include provisions for the disclosure of information in specific circumstances, such as to prevent threats to life, health, or welfare, to enforce criminal laws, or to assist in locating missing or deceased persons. Exemptions or thresholds for disclosure are determined on a case-by-case basis, with the Secretary required to consider factors such as the risk of harm to individuals and the necessity of the disclosure. The guidelines can be extended or restricted through subordinate instruments, although no such instruments have been created under this determination.

Key Provisions

The Social Security (Public Interest Certificate Guidelines) (FaCSIA) Determination 2006 outlines the conditions under which the Secretary of the Department of Families, Community Services and Indigenous Affairs can disclose protected information if it is deemed to be in the public interest. Section 6 of the Determination provides that the Secretary must consider situations where individuals may be subjected to abuse, and whether they are unable to seek help due to age, disability or other reasons. Under Part 2, a public interest certificate can be issued if the information cannot be reasonably obtained from another source, the person requesting the information has a sufficient interest in it, and the disclosure is for one of the purposes outlined in sections 8 to 13. For homeless young people, Part 3 of the Determination provides specific guidelines under which information can be disclosed. Section 15 allows for a public interest certificate to be issued if the information cannot be obtained from another source, no harm will result to the homeless young person, and the disclosure is for one of the purposes outlined in sections 16 to 19. The Determination imposes obligations on the Secretary to consider the public interest in disclosing protected information, and to ensure that such disclosure is only made under the specified circumstances. The Secretary must also ensure that the disclosure of protected information is not passed on to further parties, unless otherwise authorised under law. The Secretary must also ensure that the disclosure of information is necessary to prevent or lessen a threat to the life, health or welfare of a person, to correct a mistake of fact, or to assist a court or other authority in relation to a missing or deceased person. Breach of the Determination may result in civil or criminal consequences. The maximum penalties for breaches of the Determination are not specified in the text, but may be found in the relevant legislation. It is important for parties subject to the Determination to ensure compliance with the requirements to avoid potential penalties or consequences.

Area of Law: Privacy Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Reporting & Disclosure Obligations; Regulatory Standards

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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