(xv) if the income stream was purchased before 20 September 2007—whether the income stream satisfies section 9A, 9B or 9BA of the 1991 Act, as those sections applied immediately before that date; and
(xvi) if the income stream was purchased on or after 20 September 2007—whether the income stream was purchased with funds resulting from the commutation of an asset‑test exempt income stream and whether it is eligible to retain its asset‑test exempt income stream status; and
(xvii) if the income stream is commuted—the date of commutation and the commuted amount; and
(xviii) if the income stream is a defined benefit income stream—the deductible amount for the year in which the notice is given and the method used to work out the tax free components of that deductible amount; and
(xix) if payments made under the income stream represent an amount for a child of the person—the number of children for which payment is made and the gross amount of each payment made under the income stream for each child; and
(xx) any other information required by the Minister in an instrument made under subsection (3A);
(k) for the purposes of Part 3C (schooling requirements), in relation to a schooling requirement child—any information relevant to the child’s past or present enrolment, or attendance, at school (within the meaning of that Part);
(l) for the purposes of Part 3C (schooling requirements), in relation to a person in respect of whom a compliance notice is in force—any information relevant to the person’s compliance with the notice.
(3) The Secretary may require information about a particular class of persons whether or not the Secretary is able to identify any of the persons in that class as being:
(a) persons:
(i) who have received; or
(ii) who are receiving; or
(iii) who have made claims for;
social security payments; or
(b) persons:
(i) who are the holders of concession cards; or
(ii) who have made claims for concession cards; or
(c) persons who have applied for financial supplement.
(3A) The Minister may, by legislative instrument, specify information required to be given in relation to an income stream received by a person.
(3B) Before making an instrument under subsection (3A), the Minister must consult the Information Commissioner in relation to matters that relate to the privacy functions (within the meaning of the Australian Information Commissioner Act 2010) and have regard to any submissions made by the Information Commissioner because of that consultation.
(4) Within 13 weeks after information is given in response to a requirement under subsection (1), the Secretary must decide which (if any) of the information is, or is likely to be, relevant to a matter referred to in subsection (1).
(5) If the Secretary decides, within the 13 week period, that some or all of the information given in response to the requirement is not, or is not likely to be, relevant to a matter referred to in subsection (1), the Secretary must ensure that any record of the irrelevant information is destroyed.
(6) If the Secretary has not made a decision under subsection (4) at the end of the 13 week period, the Secretary must ensure that any record of all or any part of the information is destroyed.
196 Written notice of requirement
(1) A requirement under this Division must be made by written notice given to the person of whom the requirement is made.
(2) The notice:
(a) may be given personally or by post or in any other manner approved by the Secretary; and
(b) must specify:
(ia) a description of the information or document to which the requirement relates; and
(i) how the person is to give the information or produce the document to which the requirement relates; and
(ii) the period within which the person is to give the information or produce the document to the Department; and
(iii) the officer (if any) to whom the information is to be given or the document is to be produced; and
(iv) that the notice is given under this section.
Note: The notice may describe the information or documents by class (see subsection 33(3AB) of the Acts Interpretation Act 1901).
(3) For the purposes of subparagraph (2)(b)(ii), the period must not end earlier than 14 days after the notice is given, unless the Secretary is satisfied that it is reasonable in the circumstances, for the purposes of the effective administration of the social security law, to specify a shorter period.
(4) The notice may require the person to give the information by appearing before a specified officer to answer questions.
(5) If the notice requires the person to appear before an officer, the notice must specify:
(a) a time and place at which the person is to appear; and
(b) that the person may be accompanied by a lawyer.
(6) For the purposes of subsection (5), the time must be at least 14 days after the notice is given, unless the Secretary is satisfied that it is reasonable in the circumstances, for the purposes of the effective administration of the social security law, to specify an earlier time.
197 Offence—failure to comply with requirement
(1) A person must not refuse or fail to comply with a requirement under this Division to give information or produce a document.
Penalty: Imprisonment for a term not exceeding 12 months.
(2) Subsection (1) applies only to the extent to which the person is capable of complying with the requirement.
(3) Subsection (1) does not apply if the person has a reasonable excuse.
197A Self‑incrimination
(1) A person is not excused from giving information, or producing a document, under this Division on the ground that the information, or production of the document, might tend to incriminate the person or expose the person to a penalty.
(2) However, in the case of an individual:
(a) the information given or document produced; and
(b) giving the information or producing the document; and
(c) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the document;
are not admissible in evidence against the individual in any criminal proceedings, other than:
(d) proceedings for an offence against subsection 197(1); or
(e) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Division; or
(f) proceedings for an offence against Division 145 of the Criminal Code; or
(g) proceedings for an offence against section 217 that relates:
(i) to this Division; and
(ii) to a contravention of subsection 212(1), 213(1), 214(1), 214(2) or 216(3).
197B Use of information in investigations etc.
Subject to subsection 197A(2), nothing in this Division prevents information given, or a document produced, under this Division by a person from being used in:
(a) an inquiry or investigation into a matter; or
(b) criminal proceedings.
198 Relationship with other laws
(1) Nothing contained in a law of a State or a Territory operates to prevent a person from:
(a) giving information; or
(b) producing a document; or
(c) giving evidence;
that the person is required to give or produce to the Department or an officer for the purposes of the social security law.
(2) This Division does not require a person to give information or produce a document to the extent that in doing so the person would contravene a law of the Commonwealth (other than a law of a Territory).
Division 2—End‑of‑employment statements
199 Request for end‑of‑employment statement
If a person’s employment (including employment under a contract for services) ceases, the person may request his or her former employer to give the person a statement, in accordance with a form approved by the Secretary, about that employment.
200 Offence—failure to give end‑of‑employment statement
(1) If a person makes a request under section 199, the former employer must comply with the request as soon as practicable.
Penalty: Imprisonment for a term not exceeding 12 months.
(2) Strict liability applies to the element of an offence against subsection (1) that a request is a request under section 199.
Division 3—Confidentiality
201 Operation of Division
Publishing reasons for ART decisions
(1A) Nothing in this Division prevents the ART from publishing in written or electronic form the reasons for a decision of the ART on ART review if the publication does not identify:
(a) a party to the review concerned (other than the Secretary); or
(b) a person (other than the Secretary) who is related to, or associated with, a party to the review concerned or is, or is alleged to be, in any other way concerned in the matter to which the review concerned relates; or
(c) a witness in the review concerned.
(1B) Without limiting subsection (1B), a publication of reasons for a decision of the ART is taken to identify a person if it contains any particulars of:
(a) the name, title, pseudonym or alias of the person; or
(b) the address of any premises at which the person resides or works, or the locality in which any such premises are situated; or
(c) the physical description or the style of dress of the person; or
(d) any employment or occupation engaged in, profession practised or calling pursued, by the person or any official or honorary position held by the person; or
(e) the relationship of the person to identified relatives of the person or the association of the person with identified friends or identified business, official or professional acquaintances of the person; or
(f) the recreational interests, or the political, philosophical or religious beliefs or interests, of the person; or
(g) any real or personal property in which the person has an interest or with which the person is otherwise associated;
and the particulars are sufficient to identify that person to a member of the public, or to a member of the section of the public to which the publication is disseminated, as the case requires.
(2) The provisions of this Division that relate to the disclosure of information do not affect the operation of the Freedom of Information Act 1982.
201A Definitions
In this Division:
officer means:
(a) a person who is or has been an officer within the meaning of subsection 23(1) of the 1991 Act; or
(b) a person who is or has been appointed or employed by the Commonwealth and who, as a result of that appointment or employment, may acquire or has acquired information concerning a person under the social security law; or
(c) a person who, although not appointed or employed by the Commonwealth, performs or did perform services for the Commonwealth and who, as a result of performing those services, may acquire or has acquired information concerning a person under the social security law.
taxation information means information (including protected information within the meaning of subsection 355‑30(1) in Schedule 1 to the Taxation Administration Act 1953 but not including a tax file number) that is held by a taxation officer.
taxation officer means the following:
(a) a person who is a taxation officer within the meaning of subsection 355‑30(2) in Schedule 1 to the Taxation Administration Act 1953;
(b) an entity covered by section 355‑15 in that Schedule.
202 Permitted obtaining of, making a record of, disclosure of or use of protected information
(1) A person may obtain protected information if the information is obtained for the purposes of:
(a) the social security law; or
(c) the Dental Benefits Act 2008; or
(d) the Family Homelessness Prevention and Early Intervention Pilot; or
(da) administering scholarships:
(i) provided for under Part 2‑2A of the Higher Education Support Act 2003 (Indigenous student assistance grants); and
(ii) specified by the Secretary under subsection (2DA) of this section for the purposes of this subparagraph; or
(e) administering Commonwealth scholarships payable under Part 2‑4 of the Higher Education Support Act 2003; or
(f) the Digital Switch‑over Household Assistance Program; or
(g) the Business Services Wage Assessment Tool Payment Scheme Act 2015; or
(h) the National Redress Scheme for Institutional Child Sexual Abuse Act 2018; or
(i) the scheme known as the Territories Stolen Generations Redress Scheme.
Note: For an example of obtaining protected information for the purposes of the social security law, see section 202A.
(2) A person may:
(a) make a record of protected information; or
(b) disclose such information to any person; or
(c) otherwise use such information;
if the record, disclosure or use made of the information by the person is made:
(d) for the purposes of the social security law or the Dental Benefits Act 2008; or
(daa) for the purposes of the family assistance law; or
(dab) for the purposes of the Paid Parental Leave Act 2010; or
(dac) for the purposes of the Student Assistance Act 1973; or
(dad) for the purposes of:
(i) the Child Support (Assessment) Act 1989; or
(ii) the Child Support (Registration and Collection) Act 1988; or
(dae) for the purposes of a centrelink program; or
(daf) for the purposes of a medicare program; or
(da) for the purposes of the Family Homelessness Prevention and Early Intervention Pilot; or
(daaa) for the purposes of the administration of scholarships:
(i) provided for under Part 2‑2A of the Higher Education Support Act 2003 (Indigenous student assistance grants); and
(ii) specified by the Secretary under subsection (2DA) of this section for the purposes of this subparagraph; or
(db) for the purposes of the administration of Commonwealth scholarships payable under Part 2‑4 of the Higher Education Support Act 2003; or
(dc) for the purposes of the Digital Switch‑over Household Assistance Program; or
(dd) for the purposes of the Business Services Wage Assessment Tool Payment Scheme Act 2015; or
(de) for the purposes of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018; or
(df) for the purposes of the scheme known as the Territories Stolen Generations Redress Scheme; or
(e) for the purpose for which the information was disclosed to the person under section 207 or 208 of this Act; or
(f) with the express or implied authorisation of the person to whom the information relates.
Note: For an example of a disclosure of, making a record of or the use of protected information for the purposes of the social security law, see section 202A.
(2AA) A person may use protected information to produce information in an aggregated form that does not disclose, either directly or indirectly, information about a particular person.
(2A) A person engaged (whether as an employee or otherwise) by a service organisation may:
(a) obtain protected information; or
(b) make a record of protected information; or
(c) disclose protected information to another person; or
(d) otherwise use protected information;
if the person believes, on reasonable grounds, that the obtaining, recording, disclosure or use that is proposed to be made of the information by the person is reasonably necessary for one or more of the purposes specified in subsection (2B).
(2B) The purposes for which the person may obtain, record, disclose or use protected information are as follows:
(a) facilitating access by a service recipient to a work‑related service provided by a service organisation;
(b) facilitating efficient and effective delivery of a work‑related service by a service organisation;
(c) facilitating efficient and effective performance of duties or exercise of functions relating to the provision of work‑related services by a service organisation;
(d) facilitating efficient and effective administration by the Commonwealth of one or more of the matters mentioned in paragraphs (a), (b) or (c) (for example, payments to service organisations by the Commonwealth);
(e) any other purpose determined by the Secretary under subsection (2E).
(2C) A person may:
(a) obtain protected information; or
(b) make a record of protected information; or
(c) disclose protected information to another person; or
(d) otherwise use protected information;
if the Secretary believes, on reasonable grounds, that the obtaining, recording, disclosure or use that is proposed to be made of the information by the person is reasonably necessary for one or more of the following purposes:
(e) research into matters of relevance to a Department that is administering any part of the social security law;
(f) statistical analysis of matters of relevance to a Department that is administering any part of the social security law;
(g) policy development.
(2D) In this section:
service organisation means:
(a) an Agency (within the meaning of the Public Service Act 1999); or
(b) another authority of the Commonwealth; or
(c) an organisation that performs services for the Commonwealth.
service recipient means a person:
(a) who is receiving a social security payment, benefit or allowance; or
(b) who has made a claim for a social security payment, benefit or allowance; or
(c) who has contacted the Department about the receipt of, or an existing or future claim for, a social security payment, benefit or allowance; or
(d) on whose behalf another person, with the person’s authority, has contacted the Department about any of the matters mentioned in paragraphs (a) to (c) relating to the person.
work‑related service means a service of the following kind:
(a) assessment of the capacity to work of a service recipient;
(b) assistance given to a service recipient with the purpose of preparing the service recipient to seek or undertake work;
(c) placement of a service recipient in a position of employment;
(d) a service of a kind determined by the Secretary under subsection (2E).
(2DA) The Secretary may, by legislative instrument, specify a scholarship for the purposes of subparagraph (1)(da)(ii) or (2)(daaa)(ii).
(2E) The Secretary may, by legislative instrument, determine either or both of the following: