Student Assistance (Public Interest Certificate Guidelines) Amendment Determination 2008

Administered by Department of Education, Employment and Workplace Relations

Legislation au F2008L02294 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Student Assistance (Public Interest Certificate Guidelines) Amendment Determination 2008

 

Summary

 

The Student Assistance (Public Interest Certificate Guidelines) Amendment Determination 2008 (‘the Determination’) is made under paragraphs 356(1)(a) and 356(1)(c) of the Student Assistance Act 1973 (‘the Act’).

 

The purpose of the Determination is to amend the Student Assistance (Public Interest Certificate Guidelines) 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 paragraph 355(1)(a) 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

 

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

 

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

 

Schedule 1

 

Amendments made in this Schedule insert two new sections to Part 2 of the Guidelines.

 

Item 1 deletes and replaces paragraph 6(1)(c) to reflect the new sections in the instrument so that for the purposes of Part 2, a public interest certificate may be given by the Secretary if that disclosure is for the purpose of section 7, 8, 9, 10, 11, 13, 14, 15, 15A, 15B or subsection 12(1) or 12(2). This reflects that Item 2 inserts new sections 15A and 15B to Part 2 of the Guidelines.

 

Item 2 inserts into Part 2 of the Guidelines new sections 15A (Establishment of Family Responsibilities Commission) and 15B (Matters of Relevance).

 

Subsection 15A(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 15A(1) is also subject to section 6 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 355(1)(a) of the Act would also specify who the disclosure can be made to in a given circumstance.

 

Subsection 15A(2) provides that in section 15A, the Family Responsibilities Commission means the Commission established by section 9 of the Family Responsibilities Commission Act 2008 (Qld).

 

Section 15B provides that protected information can be released where this is done for the purposes of policy development or facilitating the progress or resolution of a matter i.e. a matter not already covered by paragraph 15B(a) that is relevant to any department administering the Student Assistance Act 1973, the social security law or the family assistance law.  For example, protected information may be released under this section where the information is released for research purposes, including evaluation, monitoring and reporting, or statistical research in relation to any matter that is relevant to any department administering the Student Assistance Act 1973, the social security law or the family assistance law.

 

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 15B 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 15B is also subject to section 6 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 355(1)(a) of the Act would also specify who specifically the disclosure can be made to in a given circumstance.

 

 Consultation

 

This Determination amends the current Student Assistance (Public Interest Certificate Guidelines) Determination 2008 which applies to the disclosure of protected information under the Student Assistance Act 1973. 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 15A (Family Responsibilities Commission) and section 15B (Matters of Relevance) of this Determination.

 

 

Regulatory Analysis

 

This Determination does not require a Regulatory Impact Statement and/or a Business Cost Calculator Figure. These 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 Student Assistance (Public Interest Certificate Guidelines) Amendment Determination 2008, enacted under the Student Assistance Act 1973, aims to amend the Student Assistance (Public Interest Certificate Guidelines) Determination 2008, which specify the guidelines for the exercise of the power to disclose information if it is in the public interest to do so. This Determination was made by the Parliament of Australia to facilitate the disclosure of protected information under certain circumstances, particularly in support of the Family Responsibilities Commission (FRC) established under the Family Responsibilities Commission Act 2008 (Qld). The policy objective of the Determination is to support the FRC by enabling the disclosure of information necessary for its establishment and functioning, specifically to facilitate the Cape York Welfare Reform Trials. The Determination introduces new sections into the Guidelines to permit the disclosure of protected information for the establishment of the FRC and for matters of relevance to departments administering the Student Assistance Act 1973, social security law, or family assistance law. The amendments ensure that any disclosure to a person can only occur where that person has a sufficient interest in the information and it cannot be obtained from other sources.

Scope and Application

The Student Assistance (Public Interest Certificate Guidelines) Amendment Determination 2008 amends the existing guidelines for the disclosure of protected information under the Student Assistance Act 1973, which is administered by the Secretary of the Department of Education, Employment and Workplace Relations or their delegate. This Determination specifically targets the disclosure of information to support the Queensland Family Responsibilities Commission, which was established to oversee the Cape York Welfare Reform Trials. It introduces new provisions that allow for the disclosure of protected information to the Commission, provided that certain criteria are met, such as the necessity of the disclosure for the establishment or functioning of the Commission and the sufficiency of the interest of the person receiving the information. Additionally, the Determination introduces a new section allowing for the disclosure of information for matters of relevance to departments administering the Student Assistance Act 1973, social security law, or family assistance law, such as policy development and research, under specific conditions. This Amendment Determination applies to the Commonwealth jurisdiction and modifies the existing Student Assistance (Public Interest Certificate Guidelines) Determination 2008. The changes are aimed at facilitating the operations of the Family Responsibilities Commission by enabling the disclosure of necessary information for its functions. The Determination does not specify any exclusions or exemptions beyond the conditions outlined in the new sections. It also notes that subordinate instruments may further extend or restrict the application of these guidelines. The amendments do not impose any regulatory costs on businesses and are not expected to impact business activities or competition.

Key Provisions

The main sections of the Student Assistance (Public Interest Certificate Guidelines) Amendment Determination 2008 (F2008L02294) are concerned with the amendment of the Student Assistance (Public Interest Certificate Guidelines) Determination 2008. Section 2 specifies that the Determination will commence the day after it is registered. Section 3 states that the Student Assistance (Public Interest Certificate Guidelines) Determination 2008 is amended by Schedule 1 of the Determination. Schedule 1 includes two new sections (15A and 15B) to Part 2 of the Guidelines, which permit the disclosure of information for the establishment of the Queensland Family Responsibilities Commission and for matters of relevance to departments administering the Student Assistance Act 1973, the social security law, or the family assistance law. The Determination imposes obligations on the Secretary of the Department of Education, Employment and Workplace Relations, or their delegate, to disclose information if it is in the public interest to do so, in accordance with the Guidelines. Section 6 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 355(1)(a) of the Act would also specify who the disclosure can be made to in a given circumstance. Section 15A(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). Section 15B provides that protected information can be released where this is done for the purposes of policy development or facilitating the progress or resolution of a matter relevant to any department administering the Student Assistance Act 1973, the social security law, or the family assistance law. The Determination does not outline specific offences, penalties, or civil/criminal consequences for breach. However, it is important to note that the disclosure of protected information under paragraph 355(1)(a) 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. This means that any unauthorised disclosure of information could result in legal consequences, depending on the applicable legislation and the nature of the breach.

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Area of Law
Administrative Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Repeal & Amendment
Reporting & Disclosure Obligations
Enforcement Powers
Consultation Requirements
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Disclosure of information
Protected information

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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.