{"id":"F2025L01197","name":"Social Security (Public Interest Certificate Guidelines) (DSS) Determination 2025","slug":"social-security-public-interest-certificate-guidelines-dss-determination-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":107255,"registerId":"commonwealth-F2025L01197-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 Social Security (Public Interest Certificate Guidelines) (DSS) 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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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 Note: This table relates only to the provisions of this instrument as originally made.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 209(a) of the Social Security (Administration) Act 1999.\n\n#### 4 Definitions\n\n In this instrument:\n\n> Act means the Social Security (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 or DSS means the Department of Social Services.\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 social security 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 208(1)(a) of the Act, for the disclosure of information.\n\n> service organisation has the same meaning as in subsection 202(2D) of the Act.\n\n#### 5 Application and savings provision\n\n1. This instrument applies in relation to the giving of certificates to disclose information for which the DSS Secretary is responsible.\n2. The Social Security (Public Interest Certificate Guidelines) (DSS) 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 208(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 208(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 social security 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; 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; 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; or\n the disclosure is in relation to Services Australia transferring information to the relevant authority responsible for administering the social security system in another country regarding the deceased person who, prior to their death, was qualified for or was receiving an Australian social security payment or held a Commonwealth concession card; 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 Public utilities\n\n1. For the purposes of paragraph 7(1)(b), where:\n\n1. a customer of a public utility (the first public utility) has provided consent to that public utility to enable it to confirm the entitlement of the customer to a social security-related concession; and\n2. responsibility for the provision of services to the customer by the first public utility has been transferred, in whole or in part, to another public utility (the second public utility); and\n3. as a result of the transfer of responsibility for the provision of services, the customer of the first public utility became a customer of the second public utility; and\n4. where necessary, the second public utility advises the Commonwealth of the contact details of the customer;\n\nthis section covers a disclosure to the second public utility if the disclosure is necessary to enable the second public utility to confirm the entitlement of the customer to a social security-related concession.\n\n1. In this section, public utility means a legal entity that provides, or is related to a legal entity that provides, any of the following services to the public:\n 1. water;\n 2. sewerage;\n 3. gas;\n 4. electricity; or\n 5. telecommunications.\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\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 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#### 27 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#### 28 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#### 29 When public interest certificate may be given\n\nWithout limiting section 7, the Secretary may also certify for the purposes of paragraph 208(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#### 30 State or Territory welfare authority\n\nFor the purposes of paragraph 29(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#### 31 Abuse or violence\n\nFor the purposes of paragraph 29(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#### 32 Reconciliation\n\nFor the purposes of paragraph 29(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#### 33 Assurance\n\nFor the purposes of paragraph 29(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 with 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 with Services Australia.","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is the Social Security (Public Interest Certificate Guidelines) (DSS) 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

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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 209(a) of the Social Security (Administration) Act 1999.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n In this instrument:\n\n> Act means the Social Security (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 or DSS means the Department of Social Services.\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 social security 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 208(1)(a) of the Act, for the disclosure of information.\n\n> service organisation has the same meaning as in subsection 202(2D) of the Act.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Application and savings provision","content":"#### 5 Application and savings provision\n\n1. This instrument applies in relation to the giving of certificates to disclose information for which the DSS Secretary is responsible.\n2. The Social Security (Public Interest Certificate Guidelines) (DSS) 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 208(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 Social Security (Public Interest Certificate Guidelines) (DSS) 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

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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 209(a) of the Social Security (Administration) Act 1999.\n\n#### 4 Definitions\n\n In this instrument:\n\n> Act means the Social Security (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 or DSS means the Department of Social Services.\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 social security 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 208(1)(a) of the Act, for the disclosure of information.\n\n> service organisation has the same meaning as in subsection 202(2D) of the Act.\n\n#### 5 Application and savings provision\n\n1. This instrument applies in relation to the giving of certificates to disclose information for which the DSS Secretary is responsible.\n2. The Social Security (Public Interest Certificate Guidelines) (DSS) 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 208(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 208(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 social security 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; 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; 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; or\n the disclosure is in relation to Services Australia transferring information to the relevant authority responsible for administering the social security system in another country regarding the deceased person who, prior to their death, was qualified for or was receiving an Australian social security payment or held a Commonwealth concession card; 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 Public utilities\n\n1. For the purposes of paragraph 7(1)(b), where:\n\n1. a customer of a public utility (the first public utility) has provided consent to that public utility to enable it to confirm the entitlement of the customer to a social security-related concession; and\n2. responsibility for the provision of services to the customer by the first public utility has been transferred, in whole or in part, to another public utility (the second public utility); and\n3. as a result of the transfer of responsibility for the provision of services, the customer of the first public utility became a customer of the second public utility; and\n4. where necessary, the second public utility advises the Commonwealth of the contact details of the customer;\n\nthis section covers a disclosure to the second public utility if the disclosure is necessary to enable the second public utility to confirm the entitlement of the customer to a social security-related concession.\n\n1. In this section, public utility means a legal entity that provides, or is related to a legal entity that provides, any of the following services to the public:\n 1. water;\n 2. sewerage;\n 3. gas;\n 4. electricity; or\n 5. telecommunications.\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\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 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#### 27 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#### 28 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#### 29 When public interest certificate may be given\n\nWithout limiting section 7, the Secretary may also certify for the purposes of paragraph 208(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#### 30 State or Territory welfare authority\n\nFor the purposes of paragraph 29(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#### 31 Abuse or violence\n\nFor the purposes of paragraph 29(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#### 32 Reconciliation\n\nFor the purposes of paragraph 29(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#### 33 Assurance\n\nFor the purposes of paragraph 29(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 with 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 with 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 208(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 social security 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; 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; 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; or\n the disclosure is in relation to Services Australia transferring information to the relevant authority responsible for administering the social security system in another country regarding the deceased person who, prior to their death, was qualified for or was receiving an Australian social security payment or held a Commonwealth concession card; 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":"Public utilities","content":"#### 23 Public utilities\n\n1. For the purposes of paragraph 7(1)(b), where:\n\n1. a customer of a public utility (the first public utility) has provided consent to that public utility to enable it to confirm the entitlement of the customer to a social security-related concession; and\n2. responsibility for the provision of services to the customer by the first public utility has been transferred, in whole or in part, to another public utility (the second public utility); and\n3. as a result of the transfer of responsibility for the provision of services, the customer of the first public utility became a customer of the second public utility; and\n4. where necessary, the second public utility advises the Commonwealth of the contact details of the customer;\n\nthis section covers a disclosure to the second public utility if the disclosure is necessary to enable the second public utility to confirm the entitlement of the customer to a social security-related concession.\n\n1. In this section, public utility means a legal entity that provides, or is related to a legal entity that provides, any of the following services to the public:\n 1. water;\n 2. sewerage;\n 3. gas;\n 4. electricity; or\n 5. telecommunications.","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","content":"#### 25 Research, statistical analysis and policy development\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":"APS Code of Conduct investigations","content":"#### 26 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":27},{"sectionNumber":"27","sectionType":"section","heading":"Work health and safety","content":"#### 27 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":28},{"sectionNumber":"Part 3","sectionType":"part","heading":"Guidelines — homeless young persons","content":"## Part 1 Preliminary\n\n#### 1 Name\n\n This instrument is the Social Security (Public Interest Certificate Guidelines) (DSS) 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 209(a) of the Social Security (Administration) Act 1999.\n\n#### 4 Definitions\n\n In this instrument:\n\n> Act means the Social Security (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 or DSS means the Department of Social Services.\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 social security 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 208(1)(a) of the Act, for the disclosure of information.\n\n> service organisation has the same meaning as in subsection 202(2D) of the Act.\n\n#### 5 Application and savings provision\n\n1. This instrument applies in relation to the giving of certificates to disclose information for which the DSS Secretary is responsible.\n2. The Social Security (Public Interest Certificate Guidelines) (DSS) 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 208(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 208(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 social security 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; 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; 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; or\n the disclosure is in relation to Services Australia transferring information to the relevant authority responsible for administering the social security system in another country regarding the deceased person who, prior to their death, was qualified for or was receiving an Australian social security payment or held a Commonwealth concession card; 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 Public utilities\n\n1. For the purposes of paragraph 7(1)(b), where:\n\n1. a customer of a public utility (the first public utility) has provided consent to that public utility to enable it to confirm the entitlement of the customer to a social security-related concession; and\n2. responsibility for the provision of services to the customer by the first public utility has been transferred, in whole or in part, to another public utility (the second public utility); and\n3. as a result of the transfer of responsibility for the provision of services, the customer of the first public utility became a customer of the second public utility; and\n4. where necessary, the second public utility advises the Commonwealth of the contact details of the customer;\n\nthis section covers a disclosure to the second public utility if the disclosure is necessary to enable the second public utility to confirm the entitlement of the customer to a social security-related concession.\n\n1. In this section, public utility means a legal entity that provides, or is related to a legal entity that provides, any of the following services to the public:\n 1. water;\n 2. sewerage;\n 3. gas;\n 4. electricity; or\n 5. telecommunications.\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\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 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#### 27 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#### 28 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#### 29 When public interest certificate may be given\n\nWithout limiting section 7, the Secretary may also certify for the purposes of paragraph 208(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#### 30 State or Territory welfare authority\n\nFor the purposes of paragraph 29(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#### 31 Abuse or violence\n\nFor the purposes of paragraph 29(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#### 32 Reconciliation\n\nFor the purposes of paragraph 29(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#### 33 Assurance\n\nFor the purposes of paragraph 29(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 with 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 with Services Australia.","sortOrder":29},{"sectionNumber":"28","sectionType":"section","heading":"Definitions","content":"#### 28 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":30},{"sectionNumber":"29","sectionType":"section","heading":"When public interest certificate may be given","content":"#### 29 When public interest certificate may be given\n\nWithout limiting section 7, the Secretary may also certify for the purposes of paragraph 208(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":31},{"sectionNumber":"30","sectionType":"section","heading":"State or Territory welfare authority","content":"#### 30 State or Territory welfare authority\n\nFor the purposes of paragraph 29(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":32},{"sectionNumber":"31","sectionType":"section","heading":"Abuse or violence","content":"#### 31 Abuse or violence\n\nFor the purposes of paragraph 29(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":33},{"sectionNumber":"32","sectionType":"section","heading":"Reconciliation","content":"#### 32 Reconciliation\n\nFor the purposes of paragraph 29(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":34},{"sectionNumber":"33","sectionType":"section","heading":"Assurance","content":"#### 33 Assurance\n\nFor the purposes of paragraph 29(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 with 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 with Services Australia.","sortOrder":35}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The instrument appears consistent with its original purpose under section 209(a) of the Social Security (Administration) Act 1999, which authorises guidelines for public interest certificates. The 2025 version updates and replaces the 2015 Determination, maintaining the same structural approach (general guidelines plus special provisions for homeless youth) without significant expansion beyond the statutory authorisation."},"complexity_factors":["Multiple nested conditions in section 7(1) requiring cumulative satisfaction of four separate criteria before a certificate can be issued","20 distinct disclosure purposes across sections 8-27, each with specific limitations and qualifying language","Cross-references to at least 6 external Acts (Social Security (Administration) Act 1999, Public Service Act 1999, Public Governance, Performance and Accountability Act 2013, Family Responsibilities Commission Act 2008 (Qld), Proceeds of Crime Act 2002, Customs Act 1901, etc.)","Dual operating regimes: general guidelines (Part 2) and special homeless youth guidelines (Part 3) with overlapping but distinct requirements","Savings provision in section 5 preserving operation of the 2015 Determination for existing certificates","De-identification requirements creating conditional logic (if information is not de-identified, then...)","Specific threshold tests (e.g., 'indictable offence punishable by imprisonment for 2 years or more', '40 penalty units or more') requiring external legal knowledge"],"plain_english_summary":"This instrument creates \"public interest certificates\" allowing the Secretary of DSS to approve limited disclosures of Centrelink/Department personal information when necessary for public purposes (safety, law enforcement, housing, schooling, research, ministerial responses, etc.). It affects Centrelink customers, a wide range of third‑party recipients (police, courts, child protection, housing authorities, schools, utilities, foreign social security bodies) and ministers.\n\nIt includes special, stricter safeguards for homeless under‑18s: disclosures require a \"no harm\" test and are tightly limited to welfare, protection, reconciliation, or simple parental contact."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"This instrument mostly restates and organises the criteria the DSS Secretary must apply when issuing public interest certificates under existing social security administration law. It does not create new statutory powers to disclose information (those powers sit in the Act); rather, it provides operational guidance on permissible purposes, required checks (eg. source, de‑identification), and extra safeguards for homeless young persons. The instrument therefore does not significantly broaden the legal scope of disclosure powers beyond their established purpose; it primarily clarifies and refines how the Secretary should exercise existing discretion (notably by adding explicit vulnerability/harm considerations and specific recipient categories)."},"complexity_factors":["Several discrete disclosure categories enumerated across Part 2 (ss8–27) and a separate Part 3 for homeless young persons (adds conditional rules)","About 9 core defined terms in the Interpretation (Act; Code of Conduct; de‑identified information; Department/DSS; Family Responsibilities Commission; homeless young person; official; public interest certificate; service organisation) plus a further definition of parent in Part 3","Multiple conditional gating rules: (a) information must not be reasonably obtainable elsewhere; (b) disclosure must be covered by a listed section; (c) de‑identified alternative must be unsuitable; (d) recipient must have a genuine interest or be an identified Minister (s7)","Cross‑references to multiple other statutes and instruments (Social Security (Administration) Act 1999; Public Service Act 1999; PGPA Act 2013; various Commonwealth, State and Territory laws cited in orders and enforcement sections)","A preservation/savings clause keeping the 2015 Determination in force for certificates made under that instrument (s5(2)) — increases interpretive complexity when both instruments apply","Explicit vulnerability/harm considerations (s6; s29(2)) which require discretionary factual assessments rather than purely legal tests","Ministerial recipient carve‑out (s7(2)) and specified recipients list — concentrates access rules that must be reconciled with privacy protections","Multiple overlapping purposes (eg. law enforcement, public housing, child protection, research) that may require different departmental policies and data‑handling safeguards","Moderate length (33 numbered sections) with repetition of similar language and several multi‑element subsections"],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- It gives the Secretary of the Department of Social Services (DSS) a set of written guidelines for when the Secretary may sign a “public interest certificate” under paragraph 208(1)(a) of the Social Security (Administration) Act 1999. A public interest certificate allows DSS to disclose personal information without the usual consent or specific legal privacy exemption. (See: s3 authority; s7 when certificate may be given.)\n\n- The instrument lists specific categories of circumstances where a disclosure may be treated as “necessary in the public interest.” Those categories include threats to life or safety, law‑enforcement uses, protecting Commonwealth property or officials, proceeds‑of‑crime matters, correcting mistakes of fact, ministerial briefings, missing or deceased persons, school enrolment/attendance and infrastructure planning, public housing administration, certain child protection and welfare uses, research and policy work, APS Code of Conduct investigations, work health and safety at Services Australia sites, and others (Part 2, ss8–27).\n\n- It also sets out a separate, protective framework for disclosures about “homeless young persons” (people under 18 seeking a payment because they are homeless). Those rules require the Secretary to be satisfied the disclosure will not cause harm and narrow who may receive information (Part 3, ss28–33).\n\n- The Secretary must always consider whether the information could be obtained from another source and whether the objective could be achieved by disclosing de‑identified information (that is, data not about an identifiable person). The Secretary must also expressly have regard to whether a person is vulnerable (subject to abuse or unable to report because of age, disability or other circumstances) before certifying disclosure (s6; s7(1)).\n\n- The instrument preserves an earlier 2015 DSS determination for certificates issued under that 2015 instrument (s5(2)). The new instrument commences on 1 October 2025 (commencement table).\n\n**Who this affects**\n\n- Individuals whose social security / Services Australia records are held by the Commonwealth: they are the subjects of potential disclosures and therefore bear the privacy consequences.\n- The Secretary of DSS: makes the certification decisions and must follow the listed tests and matters to have regard to (ss6–7, Part 3).\n- Recipients of disclosed information: Commonwealth ministers (explicitly identified ministers are allowed), State and Territory agencies (eg. child protection, welfare authorities, public housing agencies), law enforcement, coronial/court bodies, public utilities (in specified transfer circumstances), researchers and policy officials, and others listed in Parts 2–3.\n- Services Australia and agencies that process or act on the disclosed information: they will receive data for the specified administrative, enforcement, welfare, or policy purposes.\n\n**Why it matters (official purpose, then practical trade‑offs and implementation points)**\n\n- Official purpose-claim: the instrument is intended to set out when the DSS Secretary may lawfully certify that particular disclosures of social security information are necessary in the public interest (s3, s7). The stated effect is to provide clarity and consistent decision‑making criteria for disclosures that are otherwise restricted by privacy and social security law.\n\n- Trade‑offs and concrete mechanisms:\n - Privacy vs operational needs: the instrument channels identifiable personal information out of DSS records to other agencies where DSS considers the disclosure necessary for a listed public interest purpose (eg. law enforcement, welfare protection, school enrolment), but it requires the Secretary to check whether the same objective could be achieved using de‑identified data (s7(1)(c)).\n - Concentrated benefits, diffuse costs: the main beneficiaries are the specific recipient agencies or Ministers who gain access to detailed records for a particular purpose; the costs (loss of privacy risk) fall across potentially many individuals whose information might be disclosed (see the list of recipients at ss8–27). This is a redistribution of information access, effected by administrative decision (the Secretary’s certificate).\n - Additional protections for vulnerable minors: disclosures about “homeless young persons” are explicitly limited by a harm‑test and tighter recipient rules (Part 3, ss29–33). That shifts decision weight toward safeguarding in those cases, while still permitting necessary contacts (eg. state welfare authorities, reconciliation or assurance to parents).\n - Ministerial access: Ministers identified in s7(2) are explicitly covered as permissible recipients if the Secretary is satisfied other tests are met; that concentrates access at the political executive level for certain matters (s7(2), s13). The instrument requires the same source/ de‑identification tests to be applied.\n\n**Who pays, who decides, and how behaviour is likely to change**\n\n- Who pays: individuals whose records are disclosed bear privacy and potential personal‑safety costs. There is no new financial charge to private parties specified in the instrument; the administrative costs fall to DSS and recipient agencies who must handle and protect disclosed data.\n- Who decides: the DSS Secretary is the certifying decision‑maker (s3, s7). Recipients (eg. State agencies, law enforcement, Ministers) decide how to use the information once disclosed, subject to their own legal obligations.\n- Behavioural changes: agencies and Ministers will be able to request and rely on DSS records in the particular, enumerated circumstances, reducing the need for them to gather the same data independently. DSS will have to apply the checklist and harm‑tests before disclosing. For businesses (public utilities) the instrument permits continuity of concession verification when customer supply responsibility changes (s23).\n\n**Implementation, compliance and risk notes**\n\n- Bureaucratic discretion: the Secretary exercises significant discretion; the instrument constrains that discretion through tests (can’t obtain information elsewhere; de‑identification not sufficient; harm test for homeless young persons; explicit list of permissible purposes). The framework relies on the Secretary’s judgment and available information about vulnerability and alternative sources (s6, s7, Part 3).\n- Compliance and operational burden: recipient agencies must receive, secure and act on disclosed information consistent with law. DSS must document its satisfaction of the required tests (practical record‑keeping) though the instrument does not specify a particular process or form. Inter‑agency processes and data‑security arrangements will be a necessary implementation cost.\n- Implementation risk: potential for harm if screening (for risk of abuse or other harm) is inadequate before disclosure; the instrument tries to reduce that risk by requiring specific regard to vulnerability and a harm test for homeless young persons (s6; s29(2)). There is also a reputational and legal risk if disclosures do not meet the tests (eg. if de‑identification alternatives were feasible but not used).\n- Effects on private enterprise and markets: the instrument has limited direct effect on private markets. The main business implication is for public utilities (s23), where the instrument permits transfer‑related access to verify concession entitlements after a customer’s service responsibility moves to a different utility. That is a narrowly framed administrative use, not a general commercial data‑sharing rule.\n\n**Bottom line (mechanical takeaway)**\n\n- This is a DSS internal guideline instrument that sets out when the Secretary may lawfully certify disclosures of social security information in the public interest. It lists permitted disclosure purposes, applies source and de‑identification checks, adds a protective harm test for homeless young persons, preserves the earlier 2015 guideline for certificates already made under it, and takes effect on 1 October 2025."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/social-security-public-interest-certificate-guidelines-dss-determination-2025","history":"/api/acts/social-security-public-interest-certificate-guidelines-dss-determination-2025/history","analysis":"/api/acts/social-security-public-interest-certificate-guidelines-dss-determination-2025/analysis","conflicts":"/api/acts/social-security-public-interest-certificate-guidelines-dss-determination-2025/conflicts","importantCases":"/api/acts/social-security-public-interest-certificate-guidelines-dss-determination-2025/important-cases","documents":"/api/acts/social-security-public-interest-certificate-guidelines-dss-determination-2025/documents"}}