(a) that a specified purpose that is related to a matter mentioned in paragraphs (2B)(a) to (d) is a purpose for which the person may obtain, record, disclose or use protected information under subsection (2A);
(b) services of a specified kind are work‑related services for the purposes of this section.
(3) The Minister may, by legislative instrument, specify additional purposes relating to other programs administered by the Department for which protected information may be obtained under subsection (1), or recorded, disclosed or otherwise used under subsection (2).
(5) For the purposes of subsection 12(1) of the Legislation Act 2003, an instrument does not commence until the end of the period in which it could be disallowed in either House of the Parliament.
Enrolment and attendance at school
(6) If protected information relates to a matter covered by subsection (7), a person may do any of the following:
(a) obtain the information;
(b) make a record of the information;
(c) disclose the information to a person responsible for the operation of the relevant school, or any other school;
(d) otherwise use the information.
(7) This subsection covers matters in relation to the following:
(a) the enrolment, or non‑enrolment, of a child at a school;
(b) a person whose child is, or is not, enrolled at a school;
(c) the attendance, or non‑attendance, of a child at a school;
(d) a person whose child is, or is not, attending a school;
(e) a person’s compliance with a compliance notice given to the person.
(8) If a person does something under subsection (6) for the purposes of Part 3C (schooling requirements), in subsection (6) or (7) of this section the following terms have the same meaning as in Part 3C (see section 124A):
(a) attendance (at a school);
(b) enrolment (at a school);
(c) person responsible (for the operation of a school).
BasicsCard bank accounts
(8A) If protected information relates to the establishment or ongoing maintenance of a BasicsCard bank account (within the meaning of section 123SB), a person may do any of the following:
(a) obtain the information;
(b) make a record of the information;
(c) disclose the information to a financial institution;
(d) otherwise use the information.
Welfare restricted bank accounts
(9) If protected information relates to the establishment or ongoing maintenance of a welfare restricted bank account (within the meaning of section 124PD as in force immediately before the day on which Part 2 of Schedule 1 to the Social Security (Administration) Amendment (Repeal of Cashless Debit Card and Other Measures) Act 2022 commences), a person may do any of the following:
(a) obtain the information;
(b) make a record of the information;
(c) disclose the information to a financial institution;
(d) otherwise use the information.
Note: In addition to the requirements of this section, information disclosed under this section must be dealt with in accordance with the Australian Privacy Principles.
202A Obtaining of, making a record of, disclosure of or use of protected information relating to taxation information
Disclosure to taxation officers for matching against taxation information
(1) A disclosure of protected information by an officer is made for the purposes of the social security law if:
(a) the disclosure is to a taxation officer; and
(b) the disclosure is for the purposes of a taxation officer matching that information against taxation information to facilitate the performance of functions, or the exercise of powers, under the social security law.
(2) The obtaining of, making of a record of or the use of protected information by an officer is for the purposes of the social security law if the obtaining of, making of the record of or the use of the protected information is in connection with a disclosure referred to in subsection (1).
Authorised collection of personal information that is taxation information
(3) The collection of personal information about a person is authorised by this Act for the purposes of the Privacy Act 1988 if:
(a) the personal information is taxation information; and
(b) the collection is from a taxation officer; and
(c) the collection is for the purposes of the social security law.
Obtaining of taxation information
(4) If an officer obtains personal information about a person in the circumstances referred to in subsection (3), then the officer has obtained the information under the social security law.
Interpretation
(5) This section does not limit section 202.
203 Offence—unauthorised obtaining of protected information
(1) If:
(a) a person intentionally obtains information; and
(b) the person is not authorised by or under the social security law to obtain the information; and
(c) the person knows or ought reasonably to know that the information is protected information;
the person commits an offence.
(2) An offence against subsection (1) is punishable on conviction by imprisonment for a term not exceeding 2 years.
(3) Strict liability applies to the element of an offence against subsection (1) that a person not authorised to do something is not authorised by or under the social security law to do that thing.
204 Offence—unauthorised making a record of, disclosure of or use of protected information
(1) If:
(a) a person intentionally:
(i) makes a record of; or
(ii) discloses to any other person; or
(iii) otherwise makes use of;
information; and
(b) the person is not authorised or required by or under the social security law or the family assistance law to make the record, disclosure or use of the information that is made by the person; and
(c) the person knows or ought reasonably to know that the information is protected information;
the person commits an offence.
(2) An offence against subsection (1) is punishable on conviction by imprisonment for a term not exceeding 2 years.
(3) Strict liability applies to the element of an offence against subsection (1) that a person not authorised or required to do something is not authorised or required by or under the social security law to do that thing.
204A Use of tax file numbers
(1) The Secretary may require the Commissioner of Taxation to provide the Secretary with information about people, including tax file numbers, that was contained in TFN declarations lodged with the Commissioner under Division 3 of Part VA of the Income Tax Assessment Act 1936.
(2) Information provided to the Secretary under a requirement made under subsection (1) may be used only for the following purposes:
(a) to detect cases in which amounts of social security payments under the social security law have been paid when they should not have been paid;
(b) to verify, in respect of persons who have made claims for social security payments under the social security law, the qualification of those persons for those payments;
(ba) to verify, in respect of persons who have made claims under the social security law for seniors health cards, or health care cards that are income‑tested for those persons, the qualification of those persons for those cards;
(c) to establish whether the rates at which social security payments under the social security law are being, or have been, paid are, or were, correct.
205 Offence—soliciting disclosure of protected information
(1) If:
(a) a person (the first person) solicits the disclosure of protected information from an officer or another person; and
(b) the disclosure would be in contravention of this Division; and
(c) the first person knows or ought reasonably to know that the information is protected information;
the first person commits an offence, whether or not any protected information is actually disclosed.
(2) An offence against subsection (1) is punishable on conviction by imprisonment for a term not exceeding 2 years.
(3) Strict liability applies to the element of an offence against subsection (1) that a contravention is a contravention of this Division.
206 Offence—offering to supply protected information
(1) A person who offers to supply (whether to a particular person or otherwise) information about another person, knowing the information to be protected information, commits an offence.
(2) A person who holds himself or herself out as being able to supply (whether to a particular person or otherwise) information about another person, knowing the information to be protected information, commits an offence.
(3) An offence against subsection (1) or (2) is punishable on conviction by imprisonment for a term not exceeding 2 years.
(4) Nothing in subsection (1) or (2) has the effect that an officer acting in the performance or exercise of his or her duties, functions or powers under the social security law commits an offence.
207 Protection of certain documents etc. from production to court etc.
An officer must not, except for the purposes of the social security law or the Royal Commissions Act 1902, be required:
(a) to produce any document in his or her possession; or
(b) to disclose any matter or thing of which he or she had notice;
because of the performance or exercise of his or her duties, functions or powers under the social security law to:
(c) a court; or
(d) a tribunal; or
(e) an authority; or
(f) a person;
having power to require the production of documents or the answering of questions.
208 Disclosure of information by Secretary
(1) Despite sections 204 and 207, the Secretary may:
(a) if the Secretary certifies that it is necessary in the public interest to do so in a particular case or class of cases—disclose information acquired by an officer in the performance of his or her functions or duties or in the exercise of his or her powers under the social security law to such persons and for such purposes as the Secretary determines; or
(b) disclose any such information:
(i) to the Secretary of a Department of State of the Commonwealth or to the head of an authority of the Commonwealth for the purposes of that Department or authority; or
(ii) to a person who is expressly or impliedly authorised by the person to whom the information relates to obtain it; or
(iii) to a competent authority or competent institution of a foreign country that is a party to a scheduled international social security agreement for any purpose relating to giving effect to that agreement.
(2) In giving certificates for the purposes of paragraph (1)(a), the Secretary must act in accordance with guidelines (if any) from time to time in force under section 209.
(3) In disclosing information under subparagraph (1)(b)(i), the Secretary must act in accordance with guidelines (if any) from time to time in force under section 209.
(3A) In spite of any other provision of this Part, the Secretary may disclose information of a kind referred to in paragraph (a) or (b) of the definition of protected information in subsection 23(1) of the 1991 Act to a person who is the payment nominee or correspondence nominee, within the meaning of Part 3A, of the person to whom the information relates (the principal) as if the nominee were the principal.
(4) If an expression used in subsection (1) in relation to a foreign country is defined in a scheduled international social security agreement to which that country is a party, the expression has the same meaning, when used in this section, in relation to that country as it has in the agreement.
(5) If:
(a) the Secretary or an officer is served with a summons or notice, or is otherwise subject to a requirement, under the Royal Commissions Act 1902; and
(b) in order to comply with the summons, notice or requirement, the Secretary or officer would be required to disclose information that is protected information;
then, despite sections 204 and 207 of this Act, the Secretary or officer must, subject to the Royal Commissions Act 1902, disclose that information. The information is taken to have been disclosed for the purposes of the Royal Commissions Act 1902 and of the Royal Commission concerned.
209 Guidelines for exercise of Secretary’s disclosure powers
The Minister may, by legislative instrument, make guidelines for the exercise of either or both of the following:
(a) the Secretary’s power to give certificates for the purposes of paragraph 208(1)(a);
(b) the Secretary’s power under subsection 208(1) to disclose information to a person referred to in subparagraph 208(1)(b)(i).
210 Officer’s declaration
An officer must make a declaration in a form approved by the Minister or the Secretary if required to do so by the Minister or the Secretary.
Part 6—Offences
Division 1—Preliminary
211 Application of Part
This Part extends to:
(a) acts, omissions, matters and things outside Australia, whether or not in a foreign country; and
(b) all persons, irrespective of their nationality, who are making, or have made, a claim for a social security payment under the social security law; and
(c) all persons, irrespective of their nationality, who are receiving, or have received, a payment of a social security payment under the social security law.
Division 2—Offences
212 False statement in connection with claim or hardship request
(1) A person contravenes this subsection if:
(a) the person makes a statement; and
(b) the statement is false or misleading; and
(c) the person is reckless as to whether the statement is false or misleading; and
(d) the statement is made in connection with, or in support of, the person’s or any other person’s:
(i) claim for a social security payment under the social security law; or
(ii) request under paragraph 1129(1)(d) of the 1991 Act that section 1129 of that Act apply to the person; or
(iii) request under paragraph 1131(1)(f) of the 1991 Act that section 1131 of that Act apply to the person.
(2) For the purposes of an offence against section 217 that relates to subsection (1) of this section, strict liability applies to the following elements of the offence:
(a) the element that a payment is a social security payment under the social security law;
(b) the element that a request is a request under paragraph 1129(1)(d) of the 1991 Act;
(c) the element that a request is a request under paragraph 1131(1)(f) of the 1991 Act;
213 False statement to deceive or affect rates
(1) A person contravenes this subsection if:
(a) the person makes a statement; and
(b) the statement is false or misleading; and
(c) the person is reckless as to whether the statement is false or misleading; and
(d) the person is reckless as to whether the statement:
(i) deceives, or might deceive, an officer doing duty in relation to the social security law; or
(ia) deceives, or might deceive, the Human Services Department; or
(ii) affects, or might affect, the rate of a social security payment under the social security law.
(2) For the purposes of an offence against section 217 that relates to subsection (1) of this section, strict liability applies to the following elements of the offence:
(a) the element that a duty is a duty in relation to the social security law;
(b) the element that a rate of payment is a rate of social security payment under the social security law.
214 False statement or document
(1) A person contravenes this subsection if:
(a) the person makes a statement to an officer or the Human Services Department; and
(b) the statement is false or misleading in any particular; and
(c) the person is reckless as to whether the statement is false or misleading in any particular.
(2) A person contravenes this subsection if:
(a) the person presents a document to an officer or the Human Services Department; and
(b) the document is false or misleading in any particular; and
(c) the person is reckless as to whether the document is false or misleading in any particular.
215 Obtaining payment that is not payable
(1) A person must not obtain:
(a) payment of a social security payment under the social security law; or
(b) payment of an instalment of a social security payment under the social security law;
knowing that the payment is:
(c) not payable at all; or
(d) only payable in part.
(2) For the purposes of an offence against section 217 that relates to subsection (1) of this section, strict liability applies to the following elements of the offence:
(a) the element that a payment is a social security payment under the social security law;
(b) the element that an instalment is an instalment of a social security payment under the social security law.
216 Payment obtained through fraud etc.
(1) A person contravenes this subsection if:
(a) the person obtains:
(i) payment of a social security payment under the social security law; or
(ii) payment of an instalment of a social security payment under the social security law; and
(b) the person does so:
(i) by means of impersonation; or
(ii) by means of a fraudulent device.
(2) For the purposes of an offence against section 217 that relates to subsection (1) of this section, strict liability applies to the following elements of the offence:
(a) the element that a payment is a social security payment under the social security law;
(b) the element that an instalment is an instalment of a social security payment under the social security law.
(3) A person contravenes this subsection if:
(a) the person makes a statement; and
(b) the statement is false or misleading; and
(c) the person is reckless as to whether the statement is false or misleading; and
(d) as a result the person obtains:
(i) payment of a social security payment under the social security law; or
(ii) payment of an instalment of a social security payment under the social security law.
(4) For the purposes of an offence against section 217 that relates to subsection (3) of this section, strict liability applies to the following elements of the offence:
(a) the element that a payment is a social security payment under the social security law;