EXPLANATORY STATEMENT
Student Assistance (Public Interest Certificate Guidelines) Amendment Determination 2011 (No. 1)
Summary
The Student Assistance (Public Interest Certificate Guidelines) Amendment Determination 2011 (No. 1) (the Amendment Determination) is made by the Minister for Tertiary Education, Skills, Jobs and Workplace Relations under paragraph 356(1)(c) of the Student Assistance Act 1973 (the Act).
The purpose of the Amendment Determination is to amend the Student Assistance (Public Interest Certificate Guidelines) Determination 2011 (the Principal Determination) to correct a typographical error in subparagraph 9(1)(b)(i) of the Principal Determination.
Changes to the Principal Determination
The purpose of the Principal Determination is to establish guidelines for the Secretary to comply with in deciding whether to disclose information protected under the Act in the public interest. The Principal Determination aligns with similar instruments made under the Social Security (Administration) Act 1999 and the A New Tax System (Family Assistance) (Administration) Act 1999.
The Amendment Determination corrects a typographical error in the Principal Determination. Section 9 of the Principal Determination allows the Secretary to certify that disclosure of protected information is in the public interest if the disclosure is necessary for enforcement of certain laws. It was intended that amongst the disclosures permitted under section 9 were disclosures relating to offences against persons performing duties and functions, or who have acquired information, under the Act – that is “officers” as defined in subsection 3(1) of the Act. This was intended to be consistent with equivalent provisions in the similar determinations made under the Social Security (Administration) Act 1999 and the A New Tax System (Family Assistance) (Administration) Act 1999. Subparagraph 9(1)(b)(i) of the Principal Determination erroneously stated that disclosure was permitted if it related to “an offence or threatened offence: (i) against a Commonwealth”.
The Amendment Determination has the effect of replacing the words “a Commonwealth” with “an officer”. The term “officer” is defined in subsection 3(1) of the Act. Subparagraphs (ii) to (iv) already permit disclosure relating to offences or threatened offences against Commonwealth property or in certain premises.
Notes on Clauses
Part 1 – Preliminary
Part 1 sets out preliminary information about the Amendment Determination, namely, the name of the Amendment Determination (section 1), commencement (section 2) and amendment to the Principal Determination through Schedule 1 (section 3).
Schedule 1 - Amendment
Item 1 is a technical amendment to subparagraph 9(1)(b)(i) of the Principal Determination. Protected information can currently be released under the Student Assistance Act 1973 if an offence is committed against “a Commonwealth”. This was intended to be against an officer and this amendment corrects this error currently in the Principal Determination.
Consultation
The Amendment Determination corrects a typographical error in the Principal Determination. The correction to the Principal Determination aligns section 9 with similar provisions in instruments made under the Social Security (Administration) Act 1999 and the A New Tax System (Family Assistance) (Administration) Act 1999. As the amendment is minor and technical, the Department did not consider any consultation with third parties was necessary.
Regulatory Impact Statement
The Amendment Determination does not require a Regulatory Impact Statement (RIS) nor a Business Cost Calculator Figure. The Amendment Determination is not regulatory in nature, will not impact on business activity and will have no compliance costs or competition impact.