{"id":"F2025L01194","name":"Family Assistance (Public Interest Certificate Guidelines) Determination 2025","slug":"family-assistance-public-interest-certificate-guidelines-determination-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":107243,"registerId":"commonwealth-F2025L01194-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1 Preliminary\n\n#### 1 Name\n\n This instrument is the Family Assistance (Public Interest Certificate Guidelines) Determination 2025.\n\n#### 2 Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

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Provisions

Commencement

Date/Details

Whole of instrument.

1 October 2025.

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n#### 3 Authority\n\n This instrument is made under paragraph 169(a) of the A New Tax System (Family Assistance) (Administration) Act 1999.\n\n#### 4 Definitions\n\n In this instrument:\n\n> Act means the A New Tax System (Family Assistance) (Administration) Act 1999.\n\n> Code of Conduct has the same meaning as in the Public Service Act 1999.\n\n> de-identified information means information that is no longer about an identifiable individual or an individual who is reasonably identifiable.\n\n> Department means the Department of Social Services.\n\n> family member has the same meaning as in the Social Security Act 1991.\n\n> Family Responsibilities Commission means the Commission established by section 9 of the Family Responsibilities Commission Act 2008 (Qld).\n\n> homeless young person means a person:\n\n1. who is under 18 years; and\n2. who has sought a family assistance payment on the ground of being a homeless person.\n\n> official has the same meaning as in section 13 of the Public Governance, Performance and Accountability Act 2013.\n\n> public interest certificate means a certificate, under paragraph 168(1)(a) of the Act, for the disclosure of information.\n\n> service organisation means:\n\n> (a) an agency (within the meaning of the Public Service Act 1999); or\n\n> (b) another authority of the Commonwealth; or\n\n> (c) an organisation that performs services for the Commonwealth.\n\n#### 5 Savings provision\n\nThe Family Assistance (Public Interest Certificate Guidelines) Determination 2015 continues in force in relation to public interest certificates made under and in accordance with that instrument.\n\n> Note: See section 13 of the Legislation Act 2003 and section 7 of the Acts Interpretation Act 1901.\n\n#### 6 Matters to which Secretary must have regard\n\n In certifying for the purposes of paragraph 168(1)(a) of the Act that a disclosure of information is necessary in the public interest, the Secretary must have regard to whether, on the information available to the Secretary:\n\n1. a person to whom the disclosure of information relates is, or may be, in a situation in which the person is subject to physical, psychological or emotional abuse; and\n2. the person may not be able to report information in relation to that situation or the person’s circumstances because of the person’s age or disability, or social, cultural, family or other circumstances.\n\n## Part 2 Guidelines – General\n\n#### 7 When public interest certificate may be given\n\n (1) The Secretary may certify for the purposes of paragraph 168(1)(a) of the Act that a disclosure of information is necessary in the public interest if the Secretary is satisfied that:\n\n the information cannot reasonably be obtained from a source other than the Department or Services Australia; and\n the disclosure is covered by a section in this Part; and\n if the information is not de‑identified information—the purpose of the relevant section in this Part could not be achieved by disclosing de‑identified information; and\n the person to whom the information will be disclosed either:\n\n1. has a genuine and legitimate interest in the information; or\n2. is a Minister covered by subsection (2) of this section.\n\n (2) This subsection covers the following Ministers:\n\n1. the Prime Minister;\n2. a Minister administering any part of:\n\n1. the social security law; or\n2. the family assistance law; or\n3. the Human Services (Centrelink) Act 1997; or\n4. the Human Services (Medicare) Act 1973.\n\n#### 8 Threat to life, health or safety\n\n For the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for the purposes of preventing, or lessening, a threat to the life, health or safety of a person.\n\n#### 9 Enforcement of laws\n\n For the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for one or more of the following purposes:\n\n1. investigating, prosecuting or preventing a breach of the criminal law of the Commonwealth or of a State or Territory that relates to an indictable offence punishable by imprisonment for a period of 2 years or more;\n2. investigating, prosecuting or preventing a breach of a law imposing a pecuniary penalty equivalent to 40 penalty units or more;\n3. preventing an act that may have a significant adverse effect on the public revenue;\n4. extraditing one or more persons to or from Australia, including the making of, or the consideration of whether to make or accept, a request for extradition;\n5. the provision, or the proposed provision, of international assistance in criminal matters by the Attorney‑General, or an officer of the Attorney‑General’s Department, to a foreign country;\n6. obtaining, or the proposed obtaining, of international assistance in criminal matters by the Attorney‑General, or an officer of the Attorney‑General’s Department, from a foreign country.\n\n#### 10 Protecting the Commonwealth\n\n For the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for the purposes of investigating, prosecuting or preventing an offence or threatened offence:\n\n against a Commonwealth official; or\n against property of the Commonwealth; or\n on premises of:\n\n the Department; or\n Services Australia; or\n a service organisation.\n\n#### 11 Proceeds of crime order\n\n1. For the purposes of paragraph 7(1)(b), this section covers a disclosure to a law enforcement officer that is necessary for the purposes of:\n\n1. making, or the proposed or possible making of, an order covered by subsection (2) of this section; or\n2. supporting or enforcing such an order.\n\n This subsection covers the following orders:\n\n an order under Division 3 of Part XIII (recovery of pecuniary penalties for dealings in narcotic goods) of the Customs Act 1901;\n an order under Part VI (proceeds of crime) of the Mutual Assistance in Criminal Matters Act 1987;\n an order under Part II (confiscation) or III (control of property liable to confiscation) of the Proceeds of Crime Act 1987;\n an order under Chapter 2 (the confiscation scheme) or Division 1 of Part 3‑1 of Chapter 3 (examination orders) of the Proceeds of Crime Act 2002;\n an order under a law of a State or Territory corresponding to a law mentioned in paragraph (c) or (d);\n an unexplained wealth order (within the meaning of the Proceeds of Crime Act 2002);\n a court order (including a declaration or direction) under a law of a State or Territory relating to unexplained wealth.\n\n#### 12 Mistake of fact\n\nFor the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for the purposes of correcting a mistake of fact in relation to the administration of a program of the Department if:\n\n the integrity of the program will be at risk if the mistake of fact is not corrected; or\n the mistake of fact relates to a matter that was, or will be, published (whether by, or with or without the consent of, the person to whom the information relates).\n\n#### 13 Ministerial briefing\n\nFor the purposes of paragraph 7(1)(b), this section covers a disclosure if the disclosure is necessary for the purposes of briefing a Minister covered by subsection 7(2):\n\n so that the Minister can:\n\n consider a complaint or issue raised by or on behalf of a person with the Minister (in writing or orally); and\n respond to that person in relation to the complaint or issue; or\n for a meeting or forum that the Minister is to attend; or\n in relation to issues raised or proposed to be raised publicly by or on behalf of the person to whom the information relates so that the Minister can respond by correcting a mistake of fact, a misleading perception or impression, or a misleading statement; or\n about an error or delay on the part of Services Australia; or\n about an instance of an anomalous or unusual operation of the family assistance law.\n\n#### 14 Missing person\n\nFor the purposes of paragraph 7(1)(b), this section covers a disclosure to a court, coronial inquiry, Royal Commission, department or any other authority of the Commonwealth or a State or Territory if:\n\n the information is about a reported missing person or another relevant person; and\n the disclosure is necessary for the purposes of:\n\n helping the court, coronial inquiry, Royal Commission, department or authority in relation to the missing person; or\n locating a person (including the missing person); and\n there is no reasonable ground to believe that the missing person would not want the information disclosed.\n\n#### 15 Establishing death of person or place where death is registered\n\n For the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for the purposes of establishing:\n\n the death of a person; or\n the place where the death of a person is registered.\n\n#### 16 Deceased person\n\n For the purposes of paragraph 7(1)(b), this section covers a disclosure if:\n\n the information is about a deceased person or another relevant person; and\n the disclosure is necessary for the purposes of helping:\n\n a court, coronial inquiry, Royal Commission, department, or other authority of the Commonwealth or a State or Territory in relation to the death of the person; or\n a person to locate a relative or beneficiary of the deceased person; or\n an individual or authority responsible for the administration of the estate of the deceased person in relation to the administration of the estate of the deceased person; and\n there is no reasonable ground to believe that the deceased person would not have wanted the information disclosed.\n\n#### 17 School enrolment and attendance\n\nFor the purposes of paragraph 7(1)(b), this section covers a disclosure if the disclosure is necessary to ensure a child who:\n\n is required to be enrolled in a school under a law of a State or Territory is enrolled; or\n is required to be attending a school under a law of a State or Territory is attending.\n\n#### 18 School infrastructure\n\nFor the purposes of paragraph 7(1)(b), this section covers a disclosure if the disclosure is necessary to plan for, meet or monitor infrastructure and resource needs in one or more schools.\n\n#### 19 Public housing administration\n\n For the purposes of paragraph 7(1)(b), this section covers a disclosure to a department or authority of a State or Territory or an agent or contracted service provider of a department or authority of a State or Territory, if:\n\n the information is about a resident, an applicant to become a tenant, or a tenant of public housing or other State or Territory managed housing; and\n subsection (2) of this section applies.\n\n This subsection applies if the disclosure is necessary for one or more of the following purposes:\n\n facilitating rent calculation or rent deduction in relation to public housing, or State or Territory managed housing; or\n facilitating the administration of an income confirmation service in relation to public housing or State or Territory managed housing to avoid mistakes, underpayments and overpayments of rent, pensions, benefits and allowances; or\n investigating or taking enforcement action in relation to public housing or State or Territory managed housing, including to assist with an investigation into:\n\n the misreporting of income by tenants of public housing or State or Territory managed housing; or\n the unauthorised occupation of public housing or State or Territory managed housing by any person.\n\n#### 20 Family Responsibilities Commission\n\nFor the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for the purposes of assisting in the performance of the functions, or the exercise of the powers, of the Family Responsibilities Commission.\n\n#### 21 Reparations\n\nFor the purposes of paragraph 7(1)(b), this section covers a disclosure to a department or any other authority of the Commonwealth, a State or Territory if the disclosure is necessary for the purposes of contacting the person in respect of their possible entitlement to compensation or other form of recompense in a reparation process.\n\n#### 22 Child protection agencies\n\n For the purposes of paragraph 7(1)(b), this section covers a disclosure to a child protection agency of a State or Territory if the disclosure is necessary for the purpose of contacting a parent or relative of a child in relation to the child.\n\n#### 23 Administration and enforcement of the National Law\n\n1. For the purposes of paragraph 7(1)(b), this section covers a disclosure to a Regulatory Authority or ACECQA for any purpose of the Regulatory Authority or ACECQA under, or in connection with, the National Law.\n2. In this section:\n\nACECQA means the Australian Children’s Education and Care Quality Authority established under the National Law.\n\nNational Law means the laws and regulations mentioned in subsection 161(1A) of the Act.\n\nRegulatory Authority has the same meaning as in the National Law.\n\n#### 24 Matters of relevance\n\n For the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for the purpose of facilitating the progress or resolution of matters of relevance to a department that is administering any part of the social security law or family assistance law.\n Without limiting subsection (1), a disclosure covered by that subsection includes a disclosure that is necessary for the purposes of facilitating the progress or resolution of a matter that relates to a program administered, or an activity undertaken, by the department if:\n\n the program or activity provides assistance or services to a class of persons; and\n that class of persons includes one or more persons receiving payments or entitlements under the social security law or family assistance law.\n\n#### 25 Research, statistical analysis and policy development – family assistance law and related purposes\n\nFor the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for the purposes of:\n\n1. research into (including evaluation or monitoring of, or reporting on) matters of relevance to a department that is administering any part of the social security law or family assistance law; or\n2. statistical analysis of those matters; or\n3. policy development in relation to those matters.\n\n#### 26 Research, statistical analysis and policy development – education and related purposes\n\nFor the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for the purposes of:\n\n1. research into (including evaluation or monitoring of, or reporting on) matters of relevance to a department (other than a department administering any part of the social security law and family assistance law) that is administering early childhood development, or preschool education policies and programs; or\n2. statistical analysis of those matters; or\n3. policy development in relation to those matters\n\n#### 27 APS Code of Conduct investigations\n\nFor the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for the purpose of:\n\n1. investigating suspected breaches of the Code of Conduct; and\n2. making a decision on whether the Code of Conduct has been breached.\n\n \n\n#### 28 Work health and safety\n\nFor the purposes of paragraph 7(1)(b), this section covers a disclosure that is reasonably necessary to assist a:\n\n1. Commonwealth agency (including Services Australia); or\n2. State agency; or\n3. Territory agency,\n\nto manage a potential or actual work health and safety risk to that agency at premises where Services Australia is present.\n\n \n\n## Part 3 Guidelines – homeless young persons\n\n#### 29 Definitions\n\n1. In this Part:\n\n> parent, in relation to a homeless young person, means:\n\n1. a natural parent, adoptive parent or relationship parent of the homeless young person with whom the homeless young person normally lived before becoming a homeless young person; or\n2. if a parent referred to in paragraph (a) is a member of a couple and normally lives with the other member of the couple — the other member of the couple; or\n3. any other person (other than the homeless young person’s partner) on whom the homeless young person was wholly or substantially dependent before becoming a homeless young person.\n\n#### 30 When public interest certificate may be given\n\nWithout limiting section 7, the Secretary may also certify for the purposes of paragraph 168(1)(a) of the Act that a disclosure of information is necessary in the public interest if the Secretary is satisfied that:\n\n1. the information cannot reasonably be obtained from a source other than the Department or Services Australia; and\n2. the Secretary is satisfied that the disclosure will not result in harm to the homeless young person; and\n3. the disclosure is covered by a section in this Part; and\n4. if the information is not de‑identified information—the purpose of the relevant section in this Part could not be achieved by disclosing de‑identified information.\n\n#### 31 State or Territory welfare authority\n\nFor the purposes of paragraph 30(c), this section covers a disclosure to a welfare authority of a State or Territory where the homeless young person to whom the information relates is:\n\n1. in the care of that authority in accordance with the law of the State or Territory; or\n2. under 15 years of age.\n\n#### 32 Abuse or violence\n\nFor the purposes of paragraph 30(c), this section covers a disclosure of information where:\n\n1. the information is about a family member of a homeless young person; and\n2. 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.\n\n#### 33 Reconciliation\n\nFor the purposes of paragraph 30(c), this section covers a disclosure of information that is necessary to facilitate reconciliation, or possible reconciliation, between a homeless young person and their parent or parents.\n\n#### 34 Assurance\n\nFor the purposes of paragraph 30(c), this section covers a disclosure if:\n\n1. a parent, or the parents, of a homeless young person has sought assurance that the homeless young person has been in contact with the Department or Services Australia; and\n2. the disclosure is necessary to inform the parent or parents whether the homeless young person has been in contact with the Department or Services Australia.","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is the Family Assistance (Public Interest Certificate Guidelines) Determination 2025.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

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Provisions

Commencement

Date/Details

Whole of instrument.

1 October 2025.

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under paragraph 169(a) of the A New Tax System (Family Assistance) (Administration) Act 1999.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n In this instrument:\n\n> Act means the A New Tax System (Family Assistance) (Administration) Act 1999.\n\n> Code of Conduct has the same meaning as in the Public Service Act 1999.\n\n> de-identified information means information that is no longer about an identifiable individual or an individual who is reasonably identifiable.\n\n> Department means the Department of Social Services.\n\n> family member has the same meaning as in the Social Security Act 1991.\n\n> Family Responsibilities Commission means the Commission established by section 9 of the Family Responsibilities Commission Act 2008 (Qld).\n\n> homeless young person means a person:\n\n1. who is under 18 years; and\n2. who has sought a family assistance payment on the ground of being a homeless person.\n\n> official has the same meaning as in section 13 of the Public Governance, Performance and Accountability Act 2013.\n\n> public interest certificate means a certificate, under paragraph 168(1)(a) of the Act, for the disclosure of information.\n\n> service organisation means:\n\n> (a) an agency (within the meaning of the Public Service Act 1999); or\n\n> (b) another authority of the Commonwealth; or\n\n> (c) an organisation that performs services for the Commonwealth.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Savings provision","content":"#### 5 Savings provision\n\nThe Family Assistance (Public Interest Certificate Guidelines) Determination 2015 continues in force in relation to public interest certificates made under and in accordance with that instrument.\n\n> Note: See section 13 of the Legislation Act 2003 and section 7 of the Acts Interpretation Act 1901.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Matters to which Secretary must have regard","content":"#### 6 Matters to which Secretary must have regard\n\n In certifying for the purposes of paragraph 168(1)(a) of the Act that a disclosure of information is necessary in the public interest, the Secretary must have regard to whether, on the information available to the Secretary:\n\n1. a person to whom the disclosure of information relates is, or may be, in a situation in which the person is subject to physical, psychological or emotional abuse; and\n2. the person may not be able to report information in relation to that situation or the person’s circumstances because of the person’s age or disability, or social, cultural, family or other circumstances.","sortOrder":6},{"sectionNumber":"Part 2","sectionType":"part","heading":"Guidelines — General","content":"## Part 1 Preliminary\n\n#### 1 Name\n\n This instrument is the Family Assistance (Public Interest Certificate Guidelines) Determination 2025.\n\n#### 2 Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

Whole of instrument.

1 October 2025.

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n#### 3 Authority\n\n This instrument is made under paragraph 169(a) of the A New Tax System (Family Assistance) (Administration) Act 1999.\n\n#### 4 Definitions\n\n In this instrument:\n\n> Act means the A New Tax System (Family Assistance) (Administration) Act 1999.\n\n> Code of Conduct has the same meaning as in the Public Service Act 1999.\n\n> de-identified information means information that is no longer about an identifiable individual or an individual who is reasonably identifiable.\n\n> Department means the Department of Social Services.\n\n> family member has the same meaning as in the Social Security Act 1991.\n\n> Family Responsibilities Commission means the Commission established by section 9 of the Family Responsibilities Commission Act 2008 (Qld).\n\n> homeless young person means a person:\n\n1. who is under 18 years; and\n2. who has sought a family assistance payment on the ground of being a homeless person.\n\n> official has the same meaning as in section 13 of the Public Governance, Performance and Accountability Act 2013.\n\n> public interest certificate means a certificate, under paragraph 168(1)(a) of the Act, for the disclosure of information.\n\n> service organisation means:\n\n> (a) an agency (within the meaning of the Public Service Act 1999); or\n\n> (b) another authority of the Commonwealth; or\n\n> (c) an organisation that performs services for the Commonwealth.\n\n#### 5 Savings provision\n\nThe Family Assistance (Public Interest Certificate Guidelines) Determination 2015 continues in force in relation to public interest certificates made under and in accordance with that instrument.\n\n> Note: See section 13 of the Legislation Act 2003 and section 7 of the Acts Interpretation Act 1901.\n\n#### 6 Matters to which Secretary must have regard\n\n In certifying for the purposes of paragraph 168(1)(a) of the Act that a disclosure of information is necessary in the public interest, the Secretary must have regard to whether, on the information available to the Secretary:\n\n1. a person to whom the disclosure of information relates is, or may be, in a situation in which the person is subject to physical, psychological or emotional abuse; and\n2. the person may not be able to report information in relation to that situation or the person’s circumstances because of the person’s age or disability, or social, cultural, family or other circumstances.\n\n## Part 2 Guidelines – General\n\n#### 7 When public interest certificate may be given\n\n (1) The Secretary may certify for the purposes of paragraph 168(1)(a) of the Act that a disclosure of information is necessary in the public interest if the Secretary is satisfied that:\n\n the information cannot reasonably be obtained from a source other than the Department or Services Australia; and\n the disclosure is covered by a section in this Part; and\n if the information is not de‑identified information—the purpose of the relevant section in this Part could not be achieved by disclosing de‑identified information; and\n the person to whom the information will be disclosed either:\n\n1. has a genuine and legitimate interest in the information; or\n2. is a Minister covered by subsection (2) of this section.\n\n (2) This subsection covers the following Ministers:\n\n1. the Prime Minister;\n2. a Minister administering any part of:\n\n1. the social security law; or\n2. the family assistance law; or\n3. the Human Services (Centrelink) Act 1997; or\n4. the Human Services (Medicare) Act 1973.\n\n#### 8 Threat to life, health or safety\n\n For the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for the purposes of preventing, or lessening, a threat to the life, health or safety of a person.\n\n#### 9 Enforcement of laws\n\n For the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for one or more of the following purposes:\n\n1. investigating, prosecuting or preventing a breach of the criminal law of the Commonwealth or of a State or Territory that relates to an indictable offence punishable by imprisonment for a period of 2 years or more;\n2. investigating, prosecuting or preventing a breach of a law imposing a pecuniary penalty equivalent to 40 penalty units or more;\n3. preventing an act that may have a significant adverse effect on the public revenue;\n4. extraditing one or more persons to or from Australia, including the making of, or the consideration of whether to make or accept, a request for extradition;\n5. the provision, or the proposed provision, of international assistance in criminal matters by the Attorney‑General, or an officer of the Attorney‑General’s Department, to a foreign country;\n6. obtaining, or the proposed obtaining, of international assistance in criminal matters by the Attorney‑General, or an officer of the Attorney‑General’s Department, from a foreign country.\n\n#### 10 Protecting the Commonwealth\n\n For the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for the purposes of investigating, prosecuting or preventing an offence or threatened offence:\n\n against a Commonwealth official; or\n against property of the Commonwealth; or\n on premises of:\n\n the Department; or\n Services Australia; or\n a service organisation.\n\n#### 11 Proceeds of crime order\n\n1. For the purposes of paragraph 7(1)(b), this section covers a disclosure to a law enforcement officer that is necessary for the purposes of:\n\n1. making, or the proposed or possible making of, an order covered by subsection (2) of this section; or\n2. supporting or enforcing such an order.\n\n This subsection covers the following orders:\n\n an order under Division 3 of Part XIII (recovery of pecuniary penalties for dealings in narcotic goods) of the Customs Act 1901;\n an order under Part VI (proceeds of crime) of the Mutual Assistance in Criminal Matters Act 1987;\n an order under Part II (confiscation) or III (control of property liable to confiscation) of the Proceeds of Crime Act 1987;\n an order under Chapter 2 (the confiscation scheme) or Division 1 of Part 3‑1 of Chapter 3 (examination orders) of the Proceeds of Crime Act 2002;\n an order under a law of a State or Territory corresponding to a law mentioned in paragraph (c) or (d);\n an unexplained wealth order (within the meaning of the Proceeds of Crime Act 2002);\n a court order (including a declaration or direction) under a law of a State or Territory relating to unexplained wealth.\n\n#### 12 Mistake of fact\n\nFor the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for the purposes of correcting a mistake of fact in relation to the administration of a program of the Department if:\n\n the integrity of the program will be at risk if the mistake of fact is not corrected; or\n the mistake of fact relates to a matter that was, or will be, published (whether by, or with or without the consent of, the person to whom the information relates).\n\n#### 13 Ministerial briefing\n\nFor the purposes of paragraph 7(1)(b), this section covers a disclosure if the disclosure is necessary for the purposes of briefing a Minister covered by subsection 7(2):\n\n so that the Minister can:\n\n consider a complaint or issue raised by or on behalf of a person with the Minister (in writing or orally); and\n respond to that person in relation to the complaint or issue; or\n for a meeting or forum that the Minister is to attend; or\n in relation to issues raised or proposed to be raised publicly by or on behalf of the person to whom the information relates so that the Minister can respond by correcting a mistake of fact, a misleading perception or impression, or a misleading statement; or\n about an error or delay on the part of Services Australia; or\n about an instance of an anomalous or unusual operation of the family assistance law.\n\n#### 14 Missing person\n\nFor the purposes of paragraph 7(1)(b), this section covers a disclosure to a court, coronial inquiry, Royal Commission, department or any other authority of the Commonwealth or a State or Territory if:\n\n the information is about a reported missing person or another relevant person; and\n the disclosure is necessary for the purposes of:\n\n helping the court, coronial inquiry, Royal Commission, department or authority in relation to the missing person; or\n locating a person (including the missing person); and\n there is no reasonable ground to believe that the missing person would not want the information disclosed.\n\n#### 15 Establishing death of person or place where death is registered\n\n For the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for the purposes of establishing:\n\n the death of a person; or\n the place where the death of a person is registered.\n\n#### 16 Deceased person\n\n For the purposes of paragraph 7(1)(b), this section covers a disclosure if:\n\n the information is about a deceased person or another relevant person; and\n the disclosure is necessary for the purposes of helping:\n\n a court, coronial inquiry, Royal Commission, department, or other authority of the Commonwealth or a State or Territory in relation to the death of the person; or\n a person to locate a relative or beneficiary of the deceased person; or\n an individual or authority responsible for the administration of the estate of the deceased person in relation to the administration of the estate of the deceased person; and\n there is no reasonable ground to believe that the deceased person would not have wanted the information disclosed.\n\n#### 17 School enrolment and attendance\n\nFor the purposes of paragraph 7(1)(b), this section covers a disclosure if the disclosure is necessary to ensure a child who:\n\n is required to be enrolled in a school under a law of a State or Territory is enrolled; or\n is required to be attending a school under a law of a State or Territory is attending.\n\n#### 18 School infrastructure\n\nFor the purposes of paragraph 7(1)(b), this section covers a disclosure if the disclosure is necessary to plan for, meet or monitor infrastructure and resource needs in one or more schools.\n\n#### 19 Public housing administration\n\n For the purposes of paragraph 7(1)(b), this section covers a disclosure to a department or authority of a State or Territory or an agent or contracted service provider of a department or authority of a State or Territory, if:\n\n the information is about a resident, an applicant to become a tenant, or a tenant of public housing or other State or Territory managed housing; and\n subsection (2) of this section applies.\n\n This subsection applies if the disclosure is necessary for one or more of the following purposes:\n\n facilitating rent calculation or rent deduction in relation to public housing, or State or Territory managed housing; or\n facilitating the administration of an income confirmation service in relation to public housing or State or Territory managed housing to avoid mistakes, underpayments and overpayments of rent, pensions, benefits and allowances; or\n investigating or taking enforcement action in relation to public housing or State or Territory managed housing, including to assist with an investigation into:\n\n the misreporting of income by tenants of public housing or State or Territory managed housing; or\n the unauthorised occupation of public housing or State or Territory managed housing by any person.\n\n#### 20 Family Responsibilities Commission\n\nFor the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for the purposes of assisting in the performance of the functions, or the exercise of the powers, of the Family Responsibilities Commission.\n\n#### 21 Reparations\n\nFor the purposes of paragraph 7(1)(b), this section covers a disclosure to a department or any other authority of the Commonwealth, a State or Territory if the disclosure is necessary for the purposes of contacting the person in respect of their possible entitlement to compensation or other form of recompense in a reparation process.\n\n#### 22 Child protection agencies\n\n For the purposes of paragraph 7(1)(b), this section covers a disclosure to a child protection agency of a State or Territory if the disclosure is necessary for the purpose of contacting a parent or relative of a child in relation to the child.\n\n#### 23 Administration and enforcement of the National Law\n\n1. For the purposes of paragraph 7(1)(b), this section covers a disclosure to a Regulatory Authority or ACECQA for any purpose of the Regulatory Authority or ACECQA under, or in connection with, the National Law.\n2. In this section:\n\nACECQA means the Australian Children’s Education and Care Quality Authority established under the National Law.\n\nNational Law means the laws and regulations mentioned in subsection 161(1A) of the Act.\n\nRegulatory Authority has the same meaning as in the National Law.\n\n#### 24 Matters of relevance\n\n For the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for the purpose of facilitating the progress or resolution of matters of relevance to a department that is administering any part of the social security law or family assistance law.\n Without limiting subsection (1), a disclosure covered by that subsection includes a disclosure that is necessary for the purposes of facilitating the progress or resolution of a matter that relates to a program administered, or an activity undertaken, by the department if:\n\n the program or activity provides assistance or services to a class of persons; and\n that class of persons includes one or more persons receiving payments or entitlements under the social security law or family assistance law.\n\n#### 25 Research, statistical analysis and policy development – family assistance law and related purposes\n\nFor the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for the purposes of:\n\n1. research into (including evaluation or monitoring of, or reporting on) matters of relevance to a department that is administering any part of the social security law or family assistance law; or\n2. statistical analysis of those matters; or\n3. policy development in relation to those matters.\n\n#### 26 Research, statistical analysis and policy development – education and related purposes\n\nFor the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for the purposes of:\n\n1. research into (including evaluation or monitoring of, or reporting on) matters of relevance to a department (other than a department administering any part of the social security law and family assistance law) that is administering early childhood development, or preschool education policies and programs; or\n2. statistical analysis of those matters; or\n3. policy development in relation to those matters\n\n#### 27 APS Code of Conduct investigations\n\nFor the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for the purpose of:\n\n1. investigating suspected breaches of the Code of Conduct; and\n2. making a decision on whether the Code of Conduct has been breached.\n\n \n\n#### 28 Work health and safety\n\nFor the purposes of paragraph 7(1)(b), this section covers a disclosure that is reasonably necessary to assist a:\n\n1. Commonwealth agency (including Services Australia); or\n2. State agency; or\n3. Territory agency,\n\nto manage a potential or actual work health and safety risk to that agency at premises where Services Australia is present.\n\n \n\n## Part 3 Guidelines – homeless young persons\n\n#### 29 Definitions\n\n1. In this Part:\n\n> parent, in relation to a homeless young person, means:\n\n1. a natural parent, adoptive parent or relationship parent of the homeless young person with whom the homeless young person normally lived before becoming a homeless young person; or\n2. if a parent referred to in paragraph (a) is a member of a couple and normally lives with the other member of the couple — the other member of the couple; or\n3. any other person (other than the homeless young person’s partner) on whom the homeless young person was wholly or substantially dependent before becoming a homeless young person.\n\n#### 30 When public interest certificate may be given\n\nWithout limiting section 7, the Secretary may also certify for the purposes of paragraph 168(1)(a) of the Act that a disclosure of information is necessary in the public interest if the Secretary is satisfied that:\n\n1. the information cannot reasonably be obtained from a source other than the Department or Services Australia; and\n2. the Secretary is satisfied that the disclosure will not result in harm to the homeless young person; and\n3. the disclosure is covered by a section in this Part; and\n4. if the information is not de‑identified information—the purpose of the relevant section in this Part could not be achieved by disclosing de‑identified information.\n\n#### 31 State or Territory welfare authority\n\nFor the purposes of paragraph 30(c), this section covers a disclosure to a welfare authority of a State or Territory where the homeless young person to whom the information relates is:\n\n1. in the care of that authority in accordance with the law of the State or Territory; or\n2. under 15 years of age.\n\n#### 32 Abuse or violence\n\nFor the purposes of paragraph 30(c), this section covers a disclosure of information where:\n\n1. the information is about a family member of a homeless young person; and\n2. 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.\n\n#### 33 Reconciliation\n\nFor the purposes of paragraph 30(c), this section covers a disclosure of information that is necessary to facilitate reconciliation, or possible reconciliation, between a homeless young person and their parent or parents.\n\n#### 34 Assurance\n\nFor the purposes of paragraph 30(c), this section covers a disclosure if:\n\n1. a parent, or the parents, of a homeless young person has sought assurance that the homeless young person has been in contact with the Department or Services Australia; and\n2. the disclosure is necessary to inform the parent or parents whether the homeless young person has been in contact with the Department or Services Australia.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"When public interest certificate may be given","content":"#### 7 When public interest certificate may be given\n\n (1) The Secretary may certify for the purposes of paragraph 168(1)(a) of the Act that a disclosure of information is necessary in the public interest if the Secretary is satisfied that:\n\n the information cannot reasonably be obtained from a source other than the Department or Services Australia; and\n the disclosure is covered by a section in this Part; and\n if the information is not de‑identified information—the purpose of the relevant section in this Part could not be achieved by disclosing de‑identified information; and\n the person to whom the information will be disclosed either:\n\n1. has a genuine and legitimate interest in the information; or\n2. is a Minister covered by subsection (2) of this section.\n\n (2) This subsection covers the following Ministers:\n\n1. the Prime Minister;\n2. a Minister administering any part of:\n\n1. the social security law; or\n2. the family assistance law; or\n3. the Human Services (Centrelink) Act 1997; or\n4. the Human Services (Medicare) Act 1973.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Threat to life, health or safety","content":"#### 8 Threat to life, health or safety\n\n For the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for the purposes of preventing, or lessening, a threat to the life, health or safety of a person.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Enforcement of laws","content":"#### 9 Enforcement of laws\n\n For the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for one or more of the following purposes:\n\n1. investigating, prosecuting or preventing a breach of the criminal law of the Commonwealth or of a State or Territory that relates to an indictable offence punishable by imprisonment for a period of 2 years or more;\n2. investigating, prosecuting or preventing a breach of a law imposing a pecuniary penalty equivalent to 40 penalty units or more;\n3. preventing an act that may have a significant adverse effect on the public revenue;\n4. extraditing one or more persons to or from Australia, including the making of, or the consideration of whether to make or accept, a request for extradition;\n5. the provision, or the proposed provision, of international assistance in criminal matters by the Attorney‑General, or an officer of the Attorney‑General’s Department, to a foreign country;\n6. obtaining, or the proposed obtaining, of international assistance in criminal matters by the Attorney‑General, or an officer of the Attorney‑General’s Department, from a foreign country.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Protecting the Commonwealth","content":"#### 10 Protecting the Commonwealth\n\n For the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for the purposes of investigating, prosecuting or preventing an offence or threatened offence:\n\n against a Commonwealth official; or\n against property of the Commonwealth; or\n on premises of:\n\n the Department; or\n Services Australia; or\n a service organisation.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Proceeds of crime order","content":"#### 11 Proceeds of crime order\n\n1. For the purposes of paragraph 7(1)(b), this section covers a disclosure to a law enforcement officer that is necessary for the purposes of:\n\n1. making, or the proposed or possible making of, an order covered by subsection (2) of this section; or\n2. supporting or enforcing such an order.\n\n This subsection covers the following orders:\n\n an order under Division 3 of Part XIII (recovery of pecuniary penalties for dealings in narcotic goods) of the Customs Act 1901;\n an order under Part VI (proceeds of crime) of the Mutual Assistance in Criminal Matters Act 1987;\n an order under Part II (confiscation) or III (control of property liable to confiscation) of the Proceeds of Crime Act 1987;\n an order under Chapter 2 (the confiscation scheme) or Division 1 of Part 3‑1 of Chapter 3 (examination orders) of the Proceeds of Crime Act 2002;\n an order under a law of a State or Territory corresponding to a law mentioned in paragraph (c) or (d);\n an unexplained wealth order (within the meaning of the Proceeds of Crime Act 2002);\n a court order (including a declaration or direction) under a law of a State or Territory relating to unexplained wealth.","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Mistake of fact","content":"#### 12 Mistake of fact\n\nFor the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for the purposes of correcting a mistake of fact in relation to the administration of a program of the Department if:\n\n the integrity of the program will be at risk if the mistake of fact is not corrected; or\n the mistake of fact relates to a matter that was, or will be, published (whether by, or with or without the consent of, the person to whom the information relates).","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Ministerial briefing","content":"#### 13 Ministerial briefing\n\nFor the purposes of paragraph 7(1)(b), this section covers a disclosure if the disclosure is necessary for the purposes of briefing a Minister covered by subsection 7(2):\n\n so that the Minister can:\n\n consider a complaint or issue raised by or on behalf of a person with the Minister (in writing or orally); and\n respond to that person in relation to the complaint or issue; or\n for a meeting or forum that the Minister is to attend; or\n in relation to issues raised or proposed to be raised publicly by or on behalf of the person to whom the information relates so that the Minister can respond by correcting a mistake of fact, a misleading perception or impression, or a misleading statement; or\n about an error or delay on the part of Services Australia; or\n about an instance of an anomalous or unusual operation of the family assistance law.","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Missing person","content":"#### 14 Missing person\n\nFor the purposes of paragraph 7(1)(b), this section covers a disclosure to a court, coronial inquiry, Royal Commission, department or any other authority of the Commonwealth or a State or Territory if:\n\n the information is about a reported missing person or another relevant person; and\n the disclosure is necessary for the purposes of:\n\n helping the court, coronial inquiry, Royal Commission, department or authority in relation to the missing person; or\n locating a person (including the missing person); and\n there is no reasonable ground to believe that the missing person would not want the information disclosed.","sortOrder":15},{"sectionNumber":"15","sectionType":"section","heading":"Establishing death of person or place where death is registered","content":"#### 15 Establishing death of person or place where death is registered\n\n For the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for the purposes of establishing:\n\n the death of a person; or\n the place where the death of a person is registered.","sortOrder":16},{"sectionNumber":"16","sectionType":"section","heading":"Deceased person","content":"#### 16 Deceased person\n\n For the purposes of paragraph 7(1)(b), this section covers a disclosure if:\n\n the information is about a deceased person or another relevant person; and\n the disclosure is necessary for the purposes of helping:\n\n a court, coronial inquiry, Royal Commission, department, or other authority of the Commonwealth or a State or Territory in relation to the death of the person; or\n a person to locate a relative or beneficiary of the deceased person; or\n an individual or authority responsible for the administration of the estate of the deceased person in relation to the administration of the estate of the deceased person; and\n there is no reasonable ground to believe that the deceased person would not have wanted the information disclosed.","sortOrder":17},{"sectionNumber":"17","sectionType":"section","heading":"School enrolment and attendance","content":"#### 17 School enrolment and attendance\n\nFor the purposes of paragraph 7(1)(b), this section covers a disclosure if the disclosure is necessary to ensure a child who:\n\n is required to be enrolled in a school under a law of a State or Territory is enrolled; or\n is required to be attending a school under a law of a State or Territory is attending.","sortOrder":18},{"sectionNumber":"18","sectionType":"section","heading":"School infrastructure","content":"#### 18 School infrastructure\n\nFor the purposes of paragraph 7(1)(b), this section covers a disclosure if the disclosure is necessary to plan for, meet or monitor infrastructure and resource needs in one or more schools.","sortOrder":19},{"sectionNumber":"19","sectionType":"section","heading":"Public housing administration","content":"#### 19 Public housing administration\n\n For the purposes of paragraph 7(1)(b), this section covers a disclosure to a department or authority of a State or Territory or an agent or contracted service provider of a department or authority of a State or Territory, if:\n\n the information is about a resident, an applicant to become a tenant, or a tenant of public housing or other State or Territory managed housing; and\n subsection (2) of this section applies.\n\n This subsection applies if the disclosure is necessary for one or more of the following purposes:\n\n facilitating rent calculation or rent deduction in relation to public housing, or State or Territory managed housing; or\n facilitating the administration of an income confirmation service in relation to public housing or State or Territory managed housing to avoid mistakes, underpayments and overpayments of rent, pensions, benefits and allowances; or\n investigating or taking enforcement action in relation to public housing or State or Territory managed housing, including to assist with an investigation into:\n\n the misreporting of income by tenants of public housing or State or Territory managed housing; or\n the unauthorised occupation of public housing or State or Territory managed housing by any person.","sortOrder":20},{"sectionNumber":"20","sectionType":"section","heading":"Family Responsibilities Commission","content":"#### 20 Family Responsibilities Commission\n\nFor the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for the purposes of assisting in the performance of the functions, or the exercise of the powers, of the Family Responsibilities Commission.","sortOrder":21},{"sectionNumber":"21","sectionType":"section","heading":"Reparations","content":"#### 21 Reparations\n\nFor the purposes of paragraph 7(1)(b), this section covers a disclosure to a department or any other authority of the Commonwealth, a State or Territory if the disclosure is necessary for the purposes of contacting the person in respect of their possible entitlement to compensation or other form of recompense in a reparation process.","sortOrder":22},{"sectionNumber":"22","sectionType":"section","heading":"Child protection agencies","content":"#### 22 Child protection agencies\n\n For the purposes of paragraph 7(1)(b), this section covers a disclosure to a child protection agency of a State or Territory if the disclosure is necessary for the purpose of contacting a parent or relative of a child in relation to the child.","sortOrder":23},{"sectionNumber":"23","sectionType":"section","heading":"Administration and enforcement of the National Law","content":"#### 23 Administration and enforcement of the National Law\n\n1. For the purposes of paragraph 7(1)(b), this section covers a disclosure to a Regulatory Authority or ACECQA for any purpose of the Regulatory Authority or ACECQA under, or in connection with, the National Law.\n2. In this section:\n\nACECQA means the Australian Children’s Education and Care Quality Authority established under the National Law.\n\nNational Law means the laws and regulations mentioned in subsection 161(1A) of the Act.\n\nRegulatory Authority has the same meaning as in the National Law.","sortOrder":24},{"sectionNumber":"24","sectionType":"section","heading":"Matters of relevance","content":"#### 24 Matters of relevance\n\n For the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for the purpose of facilitating the progress or resolution of matters of relevance to a department that is administering any part of the social security law or family assistance law.\n Without limiting subsection (1), a disclosure covered by that subsection includes a disclosure that is necessary for the purposes of facilitating the progress or resolution of a matter that relates to a program administered, or an activity undertaken, by the department if:\n\n the program or activity provides assistance or services to a class of persons; and\n that class of persons includes one or more persons receiving payments or entitlements under the social security law or family assistance law.","sortOrder":25},{"sectionNumber":"25","sectionType":"section","heading":"Research, statistical analysis and policy development — family assistance law and related purposes","content":"#### 25 Research, statistical analysis and policy development – family assistance law and related purposes\n\nFor the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for the purposes of:\n\n1. research into (including evaluation or monitoring of, or reporting on) matters of relevance to a department that is administering any part of the social security law or family assistance law; or\n2. statistical analysis of those matters; or\n3. policy development in relation to those matters.","sortOrder":26},{"sectionNumber":"26","sectionType":"section","heading":"Research, statistical analysis and policy development — education and related purposes","content":"#### 26 Research, statistical analysis and policy development – education and related purposes\n\nFor the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for the purposes of:\n\n1. research into (including evaluation or monitoring of, or reporting on) matters of relevance to a department (other than a department administering any part of the social security law and family assistance law) that is administering early childhood development, or preschool education policies and programs; or\n2. statistical analysis of those matters; or\n3. policy development in relation to those matters","sortOrder":27},{"sectionNumber":"27","sectionType":"section","heading":"APS Code of Conduct investigations","content":"#### 27 APS Code of Conduct investigations\n\nFor the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for the purpose of:\n\n1. investigating suspected breaches of the Code of Conduct; and\n2. making a decision on whether the Code of Conduct has been breached.","sortOrder":28},{"sectionNumber":"28","sectionType":"section","heading":"Work health and safety","content":"#### 28 Work health and safety\n\nFor the purposes of paragraph 7(1)(b), this section covers a disclosure that is reasonably necessary to assist a:\n\n1. Commonwealth agency (including Services Australia); or\n2. State agency; or\n3. Territory agency,\n\nto manage a potential or actual work health and safety risk to that agency at premises where Services Australia is present.","sortOrder":29},{"sectionNumber":"Part 3","sectionType":"part","heading":"Guidelines — homeless young persons","content":"## Part 1 Preliminary\n\n#### 1 Name\n\n This instrument is the Family Assistance (Public Interest Certificate Guidelines) Determination 2025.\n\n#### 2 Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

Whole of instrument.

1 October 2025.

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n#### 3 Authority\n\n This instrument is made under paragraph 169(a) of the A New Tax System (Family Assistance) (Administration) Act 1999.\n\n#### 4 Definitions\n\n In this instrument:\n\n> Act means the A New Tax System (Family Assistance) (Administration) Act 1999.\n\n> Code of Conduct has the same meaning as in the Public Service Act 1999.\n\n> de-identified information means information that is no longer about an identifiable individual or an individual who is reasonably identifiable.\n\n> Department means the Department of Social Services.\n\n> family member has the same meaning as in the Social Security Act 1991.\n\n> Family Responsibilities Commission means the Commission established by section 9 of the Family Responsibilities Commission Act 2008 (Qld).\n\n> homeless young person means a person:\n\n1. who is under 18 years; and\n2. who has sought a family assistance payment on the ground of being a homeless person.\n\n> official has the same meaning as in section 13 of the Public Governance, Performance and Accountability Act 2013.\n\n> public interest certificate means a certificate, under paragraph 168(1)(a) of the Act, for the disclosure of information.\n\n> service organisation means:\n\n> (a) an agency (within the meaning of the Public Service Act 1999); or\n\n> (b) another authority of the Commonwealth; or\n\n> (c) an organisation that performs services for the Commonwealth.\n\n#### 5 Savings provision\n\nThe Family Assistance (Public Interest Certificate Guidelines) Determination 2015 continues in force in relation to public interest certificates made under and in accordance with that instrument.\n\n> Note: See section 13 of the Legislation Act 2003 and section 7 of the Acts Interpretation Act 1901.\n\n#### 6 Matters to which Secretary must have regard\n\n In certifying for the purposes of paragraph 168(1)(a) of the Act that a disclosure of information is necessary in the public interest, the Secretary must have regard to whether, on the information available to the Secretary:\n\n1. a person to whom the disclosure of information relates is, or may be, in a situation in which the person is subject to physical, psychological or emotional abuse; and\n2. the person may not be able to report information in relation to that situation or the person’s circumstances because of the person’s age or disability, or social, cultural, family or other circumstances.\n\n## Part 2 Guidelines – General\n\n#### 7 When public interest certificate may be given\n\n (1) The Secretary may certify for the purposes of paragraph 168(1)(a) of the Act that a disclosure of information is necessary in the public interest if the Secretary is satisfied that:\n\n the information cannot reasonably be obtained from a source other than the Department or Services Australia; and\n the disclosure is covered by a section in this Part; and\n if the information is not de‑identified information—the purpose of the relevant section in this Part could not be achieved by disclosing de‑identified information; and\n the person to whom the information will be disclosed either:\n\n1. has a genuine and legitimate interest in the information; or\n2. is a Minister covered by subsection (2) of this section.\n\n (2) This subsection covers the following Ministers:\n\n1. the Prime Minister;\n2. a Minister administering any part of:\n\n1. the social security law; or\n2. the family assistance law; or\n3. the Human Services (Centrelink) Act 1997; or\n4. the Human Services (Medicare) Act 1973.\n\n#### 8 Threat to life, health or safety\n\n For the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for the purposes of preventing, or lessening, a threat to the life, health or safety of a person.\n\n#### 9 Enforcement of laws\n\n For the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for one or more of the following purposes:\n\n1. investigating, prosecuting or preventing a breach of the criminal law of the Commonwealth or of a State or Territory that relates to an indictable offence punishable by imprisonment for a period of 2 years or more;\n2. investigating, prosecuting or preventing a breach of a law imposing a pecuniary penalty equivalent to 40 penalty units or more;\n3. preventing an act that may have a significant adverse effect on the public revenue;\n4. extraditing one or more persons to or from Australia, including the making of, or the consideration of whether to make or accept, a request for extradition;\n5. the provision, or the proposed provision, of international assistance in criminal matters by the Attorney‑General, or an officer of the Attorney‑General’s Department, to a foreign country;\n6. obtaining, or the proposed obtaining, of international assistance in criminal matters by the Attorney‑General, or an officer of the Attorney‑General’s Department, from a foreign country.\n\n#### 10 Protecting the Commonwealth\n\n For the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for the purposes of investigating, prosecuting or preventing an offence or threatened offence:\n\n against a Commonwealth official; or\n against property of the Commonwealth; or\n on premises of:\n\n the Department; or\n Services Australia; or\n a service organisation.\n\n#### 11 Proceeds of crime order\n\n1. For the purposes of paragraph 7(1)(b), this section covers a disclosure to a law enforcement officer that is necessary for the purposes of:\n\n1. making, or the proposed or possible making of, an order covered by subsection (2) of this section; or\n2. supporting or enforcing such an order.\n\n This subsection covers the following orders:\n\n an order under Division 3 of Part XIII (recovery of pecuniary penalties for dealings in narcotic goods) of the Customs Act 1901;\n an order under Part VI (proceeds of crime) of the Mutual Assistance in Criminal Matters Act 1987;\n an order under Part II (confiscation) or III (control of property liable to confiscation) of the Proceeds of Crime Act 1987;\n an order under Chapter 2 (the confiscation scheme) or Division 1 of Part 3‑1 of Chapter 3 (examination orders) of the Proceeds of Crime Act 2002;\n an order under a law of a State or Territory corresponding to a law mentioned in paragraph (c) or (d);\n an unexplained wealth order (within the meaning of the Proceeds of Crime Act 2002);\n a court order (including a declaration or direction) under a law of a State or Territory relating to unexplained wealth.\n\n#### 12 Mistake of fact\n\nFor the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for the purposes of correcting a mistake of fact in relation to the administration of a program of the Department if:\n\n the integrity of the program will be at risk if the mistake of fact is not corrected; or\n the mistake of fact relates to a matter that was, or will be, published (whether by, or with or without the consent of, the person to whom the information relates).\n\n#### 13 Ministerial briefing\n\nFor the purposes of paragraph 7(1)(b), this section covers a disclosure if the disclosure is necessary for the purposes of briefing a Minister covered by subsection 7(2):\n\n so that the Minister can:\n\n consider a complaint or issue raised by or on behalf of a person with the Minister (in writing or orally); and\n respond to that person in relation to the complaint or issue; or\n for a meeting or forum that the Minister is to attend; or\n in relation to issues raised or proposed to be raised publicly by or on behalf of the person to whom the information relates so that the Minister can respond by correcting a mistake of fact, a misleading perception or impression, or a misleading statement; or\n about an error or delay on the part of Services Australia; or\n about an instance of an anomalous or unusual operation of the family assistance law.\n\n#### 14 Missing person\n\nFor the purposes of paragraph 7(1)(b), this section covers a disclosure to a court, coronial inquiry, Royal Commission, department or any other authority of the Commonwealth or a State or Territory if:\n\n the information is about a reported missing person or another relevant person; and\n the disclosure is necessary for the purposes of:\n\n helping the court, coronial inquiry, Royal Commission, department or authority in relation to the missing person; or\n locating a person (including the missing person); and\n there is no reasonable ground to believe that the missing person would not want the information disclosed.\n\n#### 15 Establishing death of person or place where death is registered\n\n For the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for the purposes of establishing:\n\n the death of a person; or\n the place where the death of a person is registered.\n\n#### 16 Deceased person\n\n For the purposes of paragraph 7(1)(b), this section covers a disclosure if:\n\n the information is about a deceased person or another relevant person; and\n the disclosure is necessary for the purposes of helping:\n\n a court, coronial inquiry, Royal Commission, department, or other authority of the Commonwealth or a State or Territory in relation to the death of the person; or\n a person to locate a relative or beneficiary of the deceased person; or\n an individual or authority responsible for the administration of the estate of the deceased person in relation to the administration of the estate of the deceased person; and\n there is no reasonable ground to believe that the deceased person would not have wanted the information disclosed.\n\n#### 17 School enrolment and attendance\n\nFor the purposes of paragraph 7(1)(b), this section covers a disclosure if the disclosure is necessary to ensure a child who:\n\n is required to be enrolled in a school under a law of a State or Territory is enrolled; or\n is required to be attending a school under a law of a State or Territory is attending.\n\n#### 18 School infrastructure\n\nFor the purposes of paragraph 7(1)(b), this section covers a disclosure if the disclosure is necessary to plan for, meet or monitor infrastructure and resource needs in one or more schools.\n\n#### 19 Public housing administration\n\n For the purposes of paragraph 7(1)(b), this section covers a disclosure to a department or authority of a State or Territory or an agent or contracted service provider of a department or authority of a State or Territory, if:\n\n the information is about a resident, an applicant to become a tenant, or a tenant of public housing or other State or Territory managed housing; and\n subsection (2) of this section applies.\n\n This subsection applies if the disclosure is necessary for one or more of the following purposes:\n\n facilitating rent calculation or rent deduction in relation to public housing, or State or Territory managed housing; or\n facilitating the administration of an income confirmation service in relation to public housing or State or Territory managed housing to avoid mistakes, underpayments and overpayments of rent, pensions, benefits and allowances; or\n investigating or taking enforcement action in relation to public housing or State or Territory managed housing, including to assist with an investigation into:\n\n the misreporting of income by tenants of public housing or State or Territory managed housing; or\n the unauthorised occupation of public housing or State or Territory managed housing by any person.\n\n#### 20 Family Responsibilities Commission\n\nFor the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for the purposes of assisting in the performance of the functions, or the exercise of the powers, of the Family Responsibilities Commission.\n\n#### 21 Reparations\n\nFor the purposes of paragraph 7(1)(b), this section covers a disclosure to a department or any other authority of the Commonwealth, a State or Territory if the disclosure is necessary for the purposes of contacting the person in respect of their possible entitlement to compensation or other form of recompense in a reparation process.\n\n#### 22 Child protection agencies\n\n For the purposes of paragraph 7(1)(b), this section covers a disclosure to a child protection agency of a State or Territory if the disclosure is necessary for the purpose of contacting a parent or relative of a child in relation to the child.\n\n#### 23 Administration and enforcement of the National Law\n\n1. For the purposes of paragraph 7(1)(b), this section covers a disclosure to a Regulatory Authority or ACECQA for any purpose of the Regulatory Authority or ACECQA under, or in connection with, the National Law.\n2. In this section:\n\nACECQA means the Australian Children’s Education and Care Quality Authority established under the National Law.\n\nNational Law means the laws and regulations mentioned in subsection 161(1A) of the Act.\n\nRegulatory Authority has the same meaning as in the National Law.\n\n#### 24 Matters of relevance\n\n For the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for the purpose of facilitating the progress or resolution of matters of relevance to a department that is administering any part of the social security law or family assistance law.\n Without limiting subsection (1), a disclosure covered by that subsection includes a disclosure that is necessary for the purposes of facilitating the progress or resolution of a matter that relates to a program administered, or an activity undertaken, by the department if:\n\n the program or activity provides assistance or services to a class of persons; and\n that class of persons includes one or more persons receiving payments or entitlements under the social security law or family assistance law.\n\n#### 25 Research, statistical analysis and policy development – family assistance law and related purposes\n\nFor the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for the purposes of:\n\n1. research into (including evaluation or monitoring of, or reporting on) matters of relevance to a department that is administering any part of the social security law or family assistance law; or\n2. statistical analysis of those matters; or\n3. policy development in relation to those matters.\n\n#### 26 Research, statistical analysis and policy development – education and related purposes\n\nFor the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for the purposes of:\n\n1. research into (including evaluation or monitoring of, or reporting on) matters of relevance to a department (other than a department administering any part of the social security law and family assistance law) that is administering early childhood development, or preschool education policies and programs; or\n2. statistical analysis of those matters; or\n3. policy development in relation to those matters\n\n#### 27 APS Code of Conduct investigations\n\nFor the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for the purpose of:\n\n1. investigating suspected breaches of the Code of Conduct; and\n2. making a decision on whether the Code of Conduct has been breached.\n\n \n\n#### 28 Work health and safety\n\nFor the purposes of paragraph 7(1)(b), this section covers a disclosure that is reasonably necessary to assist a:\n\n1. Commonwealth agency (including Services Australia); or\n2. State agency; or\n3. Territory agency,\n\nto manage a potential or actual work health and safety risk to that agency at premises where Services Australia is present.\n\n \n\n## Part 3 Guidelines – homeless young persons\n\n#### 29 Definitions\n\n1. In this Part:\n\n> parent, in relation to a homeless young person, means:\n\n1. a natural parent, adoptive parent or relationship parent of the homeless young person with whom the homeless young person normally lived before becoming a homeless young person; or\n2. if a parent referred to in paragraph (a) is a member of a couple and normally lives with the other member of the couple — the other member of the couple; or\n3. any other person (other than the homeless young person’s partner) on whom the homeless young person was wholly or substantially dependent before becoming a homeless young person.\n\n#### 30 When public interest certificate may be given\n\nWithout limiting section 7, the Secretary may also certify for the purposes of paragraph 168(1)(a) of the Act that a disclosure of information is necessary in the public interest if the Secretary is satisfied that:\n\n1. the information cannot reasonably be obtained from a source other than the Department or Services Australia; and\n2. the Secretary is satisfied that the disclosure will not result in harm to the homeless young person; and\n3. the disclosure is covered by a section in this Part; and\n4. if the information is not de‑identified information—the purpose of the relevant section in this Part could not be achieved by disclosing de‑identified information.\n\n#### 31 State or Territory welfare authority\n\nFor the purposes of paragraph 30(c), this section covers a disclosure to a welfare authority of a State or Territory where the homeless young person to whom the information relates is:\n\n1. in the care of that authority in accordance with the law of the State or Territory; or\n2. under 15 years of age.\n\n#### 32 Abuse or violence\n\nFor the purposes of paragraph 30(c), this section covers a disclosure of information where:\n\n1. the information is about a family member of a homeless young person; and\n2. 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.\n\n#### 33 Reconciliation\n\nFor the purposes of paragraph 30(c), this section covers a disclosure of information that is necessary to facilitate reconciliation, or possible reconciliation, between a homeless young person and their parent or parents.\n\n#### 34 Assurance\n\nFor the purposes of paragraph 30(c), this section covers a disclosure if:\n\n1. a parent, or the parents, of a homeless young person has sought assurance that the homeless young person has been in contact with the Department or Services Australia; and\n2. the disclosure is necessary to inform the parent or parents whether the homeless young person has been in contact with the Department or Services Australia.","sortOrder":30},{"sectionNumber":"29","sectionType":"section","heading":"Definitions","content":"#### 29 Definitions\n\n1. In this Part:\n\n> parent, in relation to a homeless young person, means:\n\n1. a natural parent, adoptive parent or relationship parent of the homeless young person with whom the homeless young person normally lived before becoming a homeless young person; or\n2. if a parent referred to in paragraph (a) is a member of a couple and normally lives with the other member of the couple — the other member of the couple; or\n3. any other person (other than the homeless young person’s partner) on whom the homeless young person was wholly or substantially dependent before becoming a homeless young person.","sortOrder":31},{"sectionNumber":"30","sectionType":"section","heading":"When public interest certificate may be given","content":"#### 30 When public interest certificate may be given\n\nWithout limiting section 7, the Secretary may also certify for the purposes of paragraph 168(1)(a) of the Act that a disclosure of information is necessary in the public interest if the Secretary is satisfied that:\n\n1. the information cannot reasonably be obtained from a source other than the Department or Services Australia; and\n2. the Secretary is satisfied that the disclosure will not result in harm to the homeless young person; and\n3. the disclosure is covered by a section in this Part; and\n4. if the information is not de‑identified information—the purpose of the relevant section in this Part could not be achieved by disclosing de‑identified information.","sortOrder":32},{"sectionNumber":"31","sectionType":"section","heading":"State or Territory welfare authority","content":"#### 31 State or Territory welfare authority\n\nFor the purposes of paragraph 30(c), this section covers a disclosure to a welfare authority of a State or Territory where the homeless young person to whom the information relates is:\n\n1. in the care of that authority in accordance with the law of the State or Territory; or\n2. under 15 years of age.","sortOrder":33},{"sectionNumber":"32","sectionType":"section","heading":"Abuse or violence","content":"#### 32 Abuse or violence\n\nFor the purposes of paragraph 30(c), this section covers a disclosure of information where:\n\n1. the information is about a family member of a homeless young person; and\n2. 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.","sortOrder":34},{"sectionNumber":"33","sectionType":"section","heading":"Reconciliation","content":"#### 33 Reconciliation\n\nFor the purposes of paragraph 30(c), this section covers a disclosure of information that is necessary to facilitate reconciliation, or possible reconciliation, between a homeless young person and their parent or parents.","sortOrder":35},{"sectionNumber":"34","sectionType":"section","heading":"Assurance","content":"#### 34 Assurance\n\nFor the purposes of paragraph 30(c), this section covers a disclosure if:\n\n1. a parent, or the parents, of a homeless young person has sought assurance that the homeless young person has been in contact with the Department or Services Australia; and\n2. the disclosure is necessary to inform the parent or parents whether the homeless young person has been in contact with the Department or Services Australia.","sortOrder":36}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The instrument maintains the same scope as its 2015 predecessor. It continues to serve the original purpose of implementing paragraph 169(a) of the Family Assistance (Administration) Act 1999 by specifying public interest disclosure guidelines. While it adds new specific purposes (e.g., work health and safety at section 28, National Law administration at section 23), these represent evolutionary expansion within the existing framework rather than a fundamental shift in scope. The structure remains a comprehensive code for public interest certificates."},"complexity_factors":["22 distinct disclosure purposes across Parts 2 and 3, each with specific conditions","Nested conditional logic: section 7(1) requires 4 cumulative conditions plus alignment with specific purpose sections","Cross-references to 6 external Acts (Social Security Act 1991, Public Service Act 1999, Family Responsibilities Commission Act 2008 (Qld), Public Governance, Performance and Accountability Act 2013, Proceeds of Crime Act 2002, Customs Act 1901)","Dual-track structure: general guidelines (Part 2) and special homeless youth provisions (Part 3) with overlapping but distinct requirements","Defined terms include incorporated definitions from other legislation (e.g., 'family member', 'official', 'Code of Conduct')","Savings provision preserving 2015 instrument for existing certificates creates temporal complexity","De-identification requirements create conditional exceptions within exceptions"],"plain_english_summary":"This instrument lets the Secretary issue “public interest certificates” permitting disclosure of otherwise‑private family assistance information to other agencies when the public benefit outweighs privacy and the data can’t reasonably be obtained elsewhere. It affects families receiving payments, various government bodies, and includes extra safeguards for homeless young people under 18 to avoid harm. It aims to balance privacy with practical needs—helping vulnerable people and enabling law‑enforcement, safety, housing and policy functions—and updates earlier 2015 rules."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Compared to the instrument that it replaces in part (the 2015 guidelines preserved by s 5), this 2025 Determination codifies a detailed, itemised list of permitted disclosure purposes and adds a separate, explicit Part for \"homeless young persons\" with a non‑harm test and parental‑definition rules (Part 3, ss 29–34). It also explicitly lists a broad set of recipients (Ministers, Commonwealth/State/Territory agencies, regulatory authorities under the National Law, service organisations, law enforcement, ACECQA, Family Responsibilities Commission). Those features make the document more granular and broaden the operational bases for disclosure (more enumerated purposes and clearer cross‑agency pathways) than a generic, high‑level guideline would. The net effect is an expansion of the practical scope for lawful disclosures (subject to the Secretary’s satisfaction and the de‑identification tests), while also adding targeted safeguards for a particular vulnerable cohort (homeless young persons). See ss 5, 6, 7 and Part 3 (ss 29–34)."},"complexity_factors":["~12 defined terms in s 4 (Act, Code of Conduct, de‑identified information, Department, family member, Family Responsibilities Commission, homeless young person, official, public interest certificate, service organisation, etc.)","Multiple subjective satisfactions: repeated tests where the Secretary must be \"satisfied\" (s 7, s 30) and recipient must have a \"genuine and legitimate interest\" (s 7(1)(d))","Numerous enumerated permitted purposes: ~21 discrete purpose sections in Part 2 (ss 8–28) with different recipient sets and conditions","Separate Part 3 with tailored tests and definitions for \"homeless young persons\" (ss 29–34) adding conditional safeguards (non‑harm test at s 30(2))","Cross‑references to multiple external Acts and instruments (the Act; Public Service Act 1999; Public Governance, Performance and Accountability Act 2013; Customs Act 1901; Proceeds of Crime Act 1987; Mutual Assistance in Criminal Matters Act 1987; Proceeds of Crime Act 2002; National Law and ACECQA)","De‑identification conditionality: repeated requirement to prefer de‑identified data unless it defeats the purpose (s 7(1)(c); mirrored in s 30(4))","Discretion compounded by broad recipient categories: Ministers, Commonwealth/State/Territory agencies, regulatory authorities, contracted service organisations (s 7(2), s 4, Part 2 lists)","Nested conditions for particular purposes (e.g. public housing disclosures require both recipient type and particular purposes such as rent calculation, income confirmation, or enforcement — s 19)","Savings provision preserving an earlier instrument (s 5) which requires readers to track which certificate relied on which guideline set","Document text as provided includes substantial duplication/repetition of the same provisions, increasing cognitive load for readers and risk of inconsistency in published versions"],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- It sets out the **rules and tests** the Secretary of the Department of Social Services must apply when issuing a *public interest certificate* under paragraph 168(1)(a) of the A New Tax System (Family Assistance) (Administration) Act 1999 (the Act). A public interest certificate lets the Department or Services Australia disclose family‑assistance-related information to other bodies even though that information would otherwise be protected. (See: sections 3, 4, 7.)\n\n- The instrument lists specific categories of purposes and recipients for which the Secretary may certify that disclosure is \"necessary in the public interest\" (Part 2, sections 8–28). It also creates a focused set of rules and safeguards for information about \"homeless young persons\" (Part 3, sections 29–34).\n\n- It preserves the earlier 2015 guidelines for any public interest certificates made under that earlier instrument (s 5). The instrument takes effect whole on 1 October 2025 (Commencement table).\n\n**Who it affects**\n\n- The Secretary of the Department of Social Services, who decides whether to issue a certificate (s 6, s 7).\n- Department staff and Services Australia staff who hold family assistance information (definitions in s 4).\n- Recipients of disclosed information listed in the instrument: Commonwealth agencies, State/Territory departments and authorities (including welfare and child protection agencies), law enforcement officers, courts and inquiries, ACECQA and regulatory authorities under the National Law, the Family Responsibilities Commission, and contracted service organisations (see sections 8–28 and Part 3).\n- Individuals whose family assistance records are disclosed — including specific protections for children and for \"homeless young persons\" under Part 3.\n\n**Key legal tests and constraints (how disclosure is authorised)**\n\n- The Secretary must be satisfied that the information cannot reasonably be obtained elsewhere (outside the Department or Services Australia) and that the disclosure is covered by one of the specified sections (s 7(1)(a)–(b)).\n- If the information can be de‑identified, de‑identified data must be used unless that would defeat the purpose (s 7(1)(c)).\n- The recipient must have a \"genuine and legitimate interest\" in the information or be a specified Minister (s 7(1)(d)). Ministers listed include the Prime Minister and Ministers administering social security/family assistance/Human Services/Medicare laws (s 7(2)).\n- The Secretary must have regard to indicators of abuse or vulnerability and whether the person could report their circumstances (s 6). For homeless young persons, an additional condition requires the Secretary to be satisfied that disclosure will not result in harm to the young person (s 30(2)).\n\n**Purposes for which disclosure may be certified (selected examples)**\n\n- Preventing or lessening threats to life, health or safety (s 8).\n- Law enforcement, extradition and international mutual assistance in criminal matters (s 9, s 11).\n- Protecting Commonwealth staff, property or premises (s 10).\n- Correcting a mistake of fact that threatens a program’s integrity or concerns published matters (s 12).\n- Ministerial briefings, responses to complaints, and correcting public misstatements (s 13).\n- Helping locate missing persons, establishing death, or assisting with deceased estate administration (ss 14–16).\n- Ensuring school enrolment/attendance and planning school infrastructure (ss 17–18).\n- Facilitating public housing administration and income confirmation services, including enforcement investigations related to public housing (s 19).\n- Assisting the Family Responsibilities Commission (s 20), contacting people about reparations (s 21), and supporting child protection agencies (s 22).\n- Research, statistical analysis and policy development related to family assistance or early childhood/preschool purposes (ss 25–26).\n- APS Code of Conduct investigations and work health & safety risks where Services Australia is present (ss 27–28).\n\nPart 3 adds specific disclosure bases and safeguards for information about homeless young persons: who counts as a parent, permitted recipients (including State/Territory welfare authorities), and limits requiring no expected harm and the use of de‑identification where possible (ss 29–34).\n\n**Official purpose-claims and a brief test against practical trade-offs**\n\n- Claimed purposes: the instrument is framed to let the Department share information with other agencies for public safety, law enforcement, program integrity, service delivery, policy and research, and child/welfare needs (see ss 8–28 and Part 3).\n\n- Costs and trade-offs to watch:\n - Privacy risk: the instrument allows identifiable personal data to be shared across many recipients unless de‑identification is feasible (s 7(1)(c)). That raises disclosure risk for many individuals when the Secretary exercises discretion to certify necessity.\n - High administrative discretion: recurring tests are subjective (Secretary must be \"satisfied\"; recipient must have a \"genuine and legitimate interest\") and will require internal procedures, legal advice, and recordkeeping to justify each certificate (ss 6–7).\n - Implementation cost: agencies receiving data must have secure handling and often new contractual or systems arrangements (s 4 definition of \"service organisation\", and the lists of recipients in ss 8–28). There will be compliance, oversight and operational costs for both Commonwealth and State/Territory entities.\n - Risk of mission creep: the instrument enumerates many permitted purposes (research, enforcement, housing, education, ministerial briefings, etc.), which concentrates clear benefits on recipient agencies and law enforcement while distributing privacy risks across many individuals.\n - Safeguards for vulnerable people: the instrument requires the Secretary to consider abuse and vulnerability (s 6) and imposes a non‑harm test for homeless young persons (s 30(2)), but operationalising those judgments will be fact‑sensitive and may be resource‑intensive.\n\n**Who pays and who decides**\n\n- The Secretary of the Department of Social Services decides whether a public interest certificate may be issued (s 7). The practical costs fall on the Department, Services Australia (to identify and provide information), recipient agencies (to secure and use the data), and ultimately on individuals whose data are disclosed (privacy and potential harm risks).\n\n**Immediate implementation risks**\n\n- Need for detailed internal guidance and governance to ensure consistent application of subjective tests (\"satisfied\", \"genuine and legitimate interest\").\n- Recordkeeping and transparency demands to defend certificates and manage privacy complaints or review.\n- Coordination with States/Territories and non‑Commonwealth organisations (contractual, IT and legal compatibility).\n\n**Standout sections to read first if you work with or are regulated by this instrument**\n\n- Section 7 (general certification tests), Section 6 (vulnerability considerations), Part 2 (ss 8–28: permitted categories/purposes), and Part 3 (ss 29–34: homeless young persons safeguards). See savings provision at s 5 for transitional arrangements with the 2015 guidelines."}},"importantCases":[],"_links":{"self":"/api/acts/family-assistance-public-interest-certificate-guidelines-determination-2025","history":"/api/acts/family-assistance-public-interest-certificate-guidelines-determination-2025/history","analysis":"/api/acts/family-assistance-public-interest-certificate-guidelines-determination-2025/analysis","conflicts":"/api/acts/family-assistance-public-interest-certificate-guidelines-determination-2025/conflicts","importantCases":"/api/acts/family-assistance-public-interest-certificate-guidelines-determination-2025/important-cases","documents":"/api/acts/family-assistance-public-interest-certificate-guidelines-determination-2025/documents"}}