Student Assistance (Public Interest Certificate Guidelines) Determination 2025

Student Assistance (Public Interest Certificate Guidelines) Determination 2025 | Zoe

Deep Dive

5,108 words · generated 13/06/2026

What it does

This instrument, the Student Assistance (Public Interest Certificate Guidelines) Determination 2025, sets out the Secretary of the Department of Social Services’ guidelines for issuing public interest certificates under paragraph 355(1)(a) of the Student Assistance Act 1973. Mechanically, it:

Commences in full on 1 October 2025 (Commencement table, s2).
Is made under paragraph 356(a) of the Student Assistance Act 1973 (s3).
Defines key terms used in the guidelines, including Act, Department, de-identified information, public interest certificate, service organisation, homeless young person, and references to the Code of Conduct and other statutory terms (s4).
Prescribes the statutory criteria the Secretary must consider before certifying that disclosure of information held by the Department or Services Australia is “necessary in the public interest” under paragraph 355(1)(a) of the Act. The core certification conditions are in section 7 and in Part 3 for homeless young persons (ss7, 29). Primary conditions include that the information cannot reasonably be obtained elsewhere, the disclosure is covered by one of the specific sections of the Determination, de-identification is not an adequate alternative where relevant, and the recipient either has a genuine and legitimate interest or is a listed Minister (s7(1)).
Lists specific categories of authorised purposes and recipients. Part 2 contains general purpose sections that cover threats to life, law enforcement and proceeds of crime matters, protecting the Commonwealth, Ministerial briefing, missing and deceased persons, school enrolment and infrastructure, public housing administration, Family Responsibilities Commission assistance, reparations, child protection, public utilities (in a transfer context), matters of relevance to Department programs, research and policy development, APS Code of Conduct investigations, and work health and safety (ss8-27).
Adds specialised safeguards for disclosures about homeless young persons in Part 3. Those include an additional requirement that the Secretary be satisfied the disclosure will not result in harm to the homeless young person, and a narrower set of disclosure purposes including contacts with state welfare authorities, abuse or violence matters, reconciliation, and parental assurance (ss28-33).
Carries forward the pre-existing 2015 Determination for certificates made under that earlier instrument (s5).

The instrument does not itself create criminal offences or specify penalties for misuse. It is procedural and directional, establishing the scope and criteria for lawful disclosures from Departmental or Services Australia holdings pursuant to the Student Assistance Act 1973.

Main concepts

The Determination operationalises the phrase “necessary in the public interest” in paragraph 355(1)(a) of the Act by setting objective gating conditions and enumerated disclosure purposes. Core concepts are:

Public interest certificate: defined here as the certificate under paragraph 355(1)(a) of the Act (s4). The Determination does not replicate the enabling text of paragraph 355(1)(a); rather it specifies when the Secretary may certify for that purpose (s7).
Necessity and exclusivity of source: the Secretary must be satisfied the information cannot reasonably be obtained from a source other than the Department or Services Australia before issuing a certificate (s7(1)(a); s29(1) for homeless young persons). This places an express threshold on the Secretary’s decision to certify.
De-identification as first best: where possible, the Determination requires that the purpose could not be achieved by disclosing de-identified information before authorising identified personal information to be released (s7(1)(c); s29(4)).
Recipient legitimacy: the recipient must have a “genuine and legitimate interest in the information” unless they are a Minister listed in s7(2) (s7(1)(d)). The Determination sets out a non-exhaustive list of acceptable recipient types for each authorised purpose (see ss8-27 and Part 3).
Enumerated purposes: the Determination limits the scope of permissible disclosures to specific purposes such as preventing threats to life, enforcing criminal or pecuniary-penalty laws (with thresholds for seriousness), supporting proceeds of crime orders, public housing administration tasks, school enrolment monitoring, research and policy development, and a series of administrative and welfare purposes (ss8-27).
Special protection for vulnerable persons: s6 requires the Secretary, when certifying, to have regard to whether the person to whom the information relates is in a situation of abuse and whether they may not be able to report the circumstances because of age, disability, social, cultural, family or other circumstances (s6). Part 3 adds safeguards specific to homeless young persons, including an affirmative satisfaction that the disclosure will not result in harm (s29(2)).
Defined operational recipients: “service organisation” is defined to include Commonwealth agencies, other Commonwealth authorities, or organisations that perform services for the Commonwealth (s4). The public utilities section defines “public utility” by service type and conditions for disclosure where a customer has consented to the first utility and responsibility transfers to a second utility (s23).

Who it affects

Primary actors and affected groups under the Determination are:

Individuals whose information is held by the Department of Social Services or Services Australia. These persons bear the principal privacy and informational cost from any disclosure authorised under a public interest certificate. The instrument offers special protective treatment for “homeless young persons”, defined as persons under 18 who have sought student assistance or a social security payment on the ground of being homeless (s4; Pt 3).
The Secretary of the Department of Social Services. The Secretary is the decision maker who must be satisfied of the statutory conditions before issuing a certificate, and must “have regard” to specific vulnerability matters when making decisions (s6; s7; s29).
Ministers listed in s7(2) (the Prime Minister and Ministers administering any part of the Act, the social security law, the family assistance law, the Human Services (Centrelink) Act 1997, or the Human Services (Medicare) Act 1973). These Ministers are an explicit recipient class that may receive information even if they are not assessed as having a “genuine and legitimate interest” (s7(1)(d)(2); s7(2)).
Commonwealth agencies, State and Territory departments and authorities, law enforcement officers, courts, coronial inquiries, Royal Commissions, child protection agencies, the Family Responsibilities Commission, and other listed authorities. The Determination enumerates numerous recipients for specific purposes (ss8-27; Pt 3).
Service organisations and contracted providers of State or Territory housing authorities. Where disclosure is to an agent or contracted provider of a State or Territory department, s19 permits information sharing for public housing administration purposes, including facilitating rent calculation or investigating unauthorised occupation (s19).
Public utilities (as defined in s23) in a narrow transfer-of-responsibility situation. That provision affects utilities when a customer’s service responsibility moves from one utility to another and the customer has previously consented to the first utility confirming entitlement to concession (s23).
Departmental and Services Australia operational staff responsible for preparing and disclosing information. Although the Determination does not detail internal procedures, it places decision obligations on the Secretary that will cascade to officials who must gather information to support the Secretary’s satisfaction (s7; s6; s29).
Researchers, statisticians and policy teams who may receive de‑identified or, where necessary, identified data for research, statistical analysis and policy development (s25). The Determination allows disclosures for these purposes subject to the de-identification check.

Key duties and rights

Duties

Secretary’s certification duty: The Secretary must be satisfied of the statutory preconditions before certifying a disclosure is necessary in the public interest (s7(1); s29 for homeless young persons). Those preconditions include that the information cannot reasonably be obtained elsewhere (s7(1)(a); s29(1)), that the disclosure is covered by a section in the Determination (s7(1)(b); s29(3)), and that de-identification is insufficient where the information is not already de-identified (s7(1)(c); s29(4)).
Consideration of vulnerability: When certifying, the Secretary must have regard to whether the person is or may be subject to physical, psychological or emotional abuse and whether limitations on reporting exist because of age, disability or other circumstances (s6). This obligation alters the Secretary’s duty from a simple check of purpose to an assessment of likely harm or reporting capability.
Additional homeless young person caution: For disclosures about homeless young persons, beyond the s7 tests the Secretary must be satisfied that the disclosure will not result in harm to the homeless young person (s29(2)).
Purpose limitation: Disclosures must be linked to a specific permitted section of the Determination. Each section constrains the permissible recipient and the purpose of disclosure, for example s9 restricts enforcement-related disclosures to particular criminal or pecuniary penalty thresholds, and s19 constrains public housing disclosures to rent calculation, income confirmation, or investigations into misreporting or unauthorised occupation.
De-identification first approach: The Secretary must consider whether the objective can be achieved by disclosing de‑identified information before releasing identified data (s7(1)(c); s29(4)).

Rights

Recipient eligibility: The Determination confers a statutory path for listed recipients to receive information lawfully if the Secretary certifies (ss8-27; Pt 3). Ministers in s7(2) are explicitly accepted recipients (s7(1)(d)(2); s7(2)). Other recipients must meet the “genuine and legitimate interest” test unless the specific section names them.
Continued operation of prior instrument: Certificates already made under the 2015 Determination continue under that instrument (s5). This preserves existing certified disclosures made under the 2015 instrument.
Narrow substantive constraints: The Determination sets concrete, enumerated purposes for disclosure, which limits, in form, the domains in which the Department may disclose. For example, s11 lists the types of proceeds of crime orders that may receive assistance, and s23 sets conditions for public utilities.

Penalties and enforcement

The Determination itself does not create any penalty provisions nor does it set out an internal enforcement regime for breaches of the guidelines. The instrument is an administrative determination that specifies when the Secretary may certify disclosures under paragraph 355(1)(a) of the Student Assistance Act 1973, but it contains no provisions about sanctions, audits, or penalties for improper disclosure.

Consequences and enforcement pathways that are implicit or external to the text

Underlying statutory framework: The Determination operates under the Student Assistance Act 1973 (s3). The Act, and other referenced laws such as the Social Security Act 1991, the Public Service Act 1999, the Public Governance, Performance and Accountability Act 2013, and the Human Services Acts, will supply the broader legal context for confidentiality, misuse of information, and possible penalties. The Determination itself does not state those penalties or enforcement mechanisms.
Administrative accountability: The Secretary is the decision maker for certification. The Determination requires the Secretary to have regard to specified matters (s6), and to be satisfied of enumerated conditions before issuing certificates (s7; s29). Misapplication of those requirements could give rise to administrative review remedies under general administrative law, for example judicial review of an administrative decision, but the Determination does not itself set review procedures or appeal rights.
Operational safeguards absent in the instrument: The Determination does not specify recordkeeping standards, publication of certifications, oversight mechanisms, or reporting obligations. In practice, enforcement of compliance with the Determination would depend on the Department’s internal governance, the application of the Code of Conduct where relevant (the instrument defines Code of Conduct per the Public Service Act 1999, s4), and the interaction with external laws that criminalise misuse of official information or breach statutory confidentiality obligations. The Determination does not itself create or reference investigatory or penalty provisions for recipients who misuse disclosed information.

Implications for practitioners

Where breaches of confidentiality, misuse of information, or procedural non-compliance occur, enforcement action or penalties would need to be traced to the enabling statutes or other general laws rather than to this Determination. The instrument should be treated as setting the parameters of lawful disclosure; enforcement and sanctions will be governed by the broader statutory and regulatory regime that applies to Departmental records, Services Australia data, and the recipients of disclosed information.

How it interacts with other laws

The Determination expressly situates itself within a network of Commonwealth Acts and State or Territory laws by reference and practical cross-use. The instrument both relies on and prescribes interactions with those laws as follows:

Statutory basis and internal references

Enabling provision: The Determination is made under paragraph 356(a) of the Student Assistance Act 1973 (s3). It implements paragraph 355(1)(a) of that Act by setting out guidelines for when the Secretary may certify that disclosure is necessary in the public interest.
Continuity with prior instrument: The Determination preserves the continued operation of the Student Assistance (Public Interest Certificate Guidelines) Determination 2015 in relation to certificates made under that earlier instrument (s5). That creates a transition path for existing certified disclosures.

Cross-references to other Commonwealth statutes and concepts

Public Service and governance provisions: The Determination uses statutory terms defined in the Public Service Act 1999 (Code of Conduct), and the Public Governance, Performance and Accountability Act 2013 (definition of official) (s4). Those Acts therefore shape duties and potential disciplinary or governance consequences outside this Determination.
Social security and family assistance statutes: The Determination repeatedly links to the social security law and the family assistance law, both in the list of Ministers in s7(2) and in the types of matters for which disclosures may be given (for example, s24 covers matters of relevance to a department administering any part of the Act, social security law or family assistance law). Practically, this means disclosures may be used to administer benefits, confirm entitlements, or address anomalous operations of those laws (s13).
Law enforcement and mutual assistance: Sections 9 and 11 permit disclosures for enforcement, extradition, mutual legal assistance, and to support specified proceeds of crime orders, citing named Commonwealth statutes such as the Customs Act 1901, the Mutual Assistance in Criminal Matters Act 1987, the Proceeds of Crime Act 1987, and the Proceeds of Crime Act 2002 (s11). These references identify the legal instruments where corresponding court or executive orders may arise.
State and Territory laws: The Determination authorises disclosures to State and Territory departments and agencies in multiple contexts, including public housing administration (s19), child protection agencies (s22), state welfare authorities for homeless young persons (s30), and coronial inquiries or courts for missing or deceased persons (ss14, 16). Those disclosures are permitted where necessary to perform statutory functions in State or Territory law.

Amendment history

The Determination contains minimal internal amendment history within its text. Key points available from the instrument itself are:

Commencement: The instrument expressly commences in full on 1 October 2025 (s2, Commencement table). The table includes a note that it reflects the instrument as originally made and will not be amended in that published table to show later amendments (s2(1) note).
Savings: Section 5 provides a specific savings provision preserving the continuing force of the Student Assistance (Public Interest Certificate Guidelines) Determination 2015 in relation to public interest certificates already made under that instrument. That means certificates issued under the 2015 Determination remain valid under the 2015 instrument for those matters (s5). The instrument cites s13 of the Legislation Act 2003 and s7 of the Acts Interpretation Act 1901 as relevant interpretive aids (s5 note).
Repetition in the published text: The text provided repeatedly reproduces certain provisions in multiple places. That repetition does not indicate substantive amendment history in the instrument itself, but rather duplication in the supplied text. The formal commencement and savings clauses are the only explicit temporal or transitional provisions contained in the Determination.

What is not in the instrument

The Determination does not include a schedule of prior amendments, nor does it record previous versions other than the explicit savings clause for the 2015 Determination (s5).
There are no sunset clauses or staged commencements for particular provisions; the commencement table states the whole instrument commences on 1 October 2025 (s2).
There is no in-instrument record of subsequent amendments, legislative history or ministerial statements. Any later amendments would need to be traced through official Commonwealth legislative repositories.

Practical note for advisers

Because the instrument preserves the 2015 Determination for existing certificates (s5), practitioners should check whether particular disclosures were authorised under the 2015 instrument and, if so, what terms applied at the time of certification. New disclosures after commencement will be governed by the 2025 Determination.
For audit and compliance, agencies should record whether certificates were issued under the 2015 Determination or under the 2025 Determination, given the savings clause (s5) preserves the operation of earlier certificates.

Litigation history

The Determination contains no narrative of litigation history within its text. The instrument does not reference any judicial decisions, appeals, or legal challenges relating to either the 2025 Determination itself or to the prior 2015 Determination. Consequently, within the four corners of the document:

There are no named cases or judicial interpretations recorded.
The instrument does not report any proceedings, findings, or declaratory judgments concerning its provisions or application.

Implications of absence of reported litigation in the instrument

Lack of authoritative judicial interpretation: Because the Determination itself contains no litigation history, the statutory phrases it uses (for example “genuine and legitimate interest”, “cannot reasonably be obtained from a source other than the Department or Services Australia”, or the Secretary’s satisfaction that disclosure will not result in harm) are not interpreted within the instrument. Those interpretive questions remain matters for administrative practice or, if challenged, for courts to resolve in future litigation.
Administrative discretion and potential review: The instrument vests a considerable evaluative role in the Secretary. Decisions made under it will be administrative in nature. In the absence of established case law specific to this Determination, parties affected by a certificate may, in principle, consider administrative law avenues if dissatisfied. The Determination does not set procedural avenues or appeal mechanisms for subjects of disclosure.
Practical caution for legal advisers: Because judicial guidance specific to the 2025 Determination is not recorded in the instrument, practitioners should document the factual and legal basis for certifications, apply the conditions in ss6, 7 and 29 diligently, and consider that novel questions of statutory interpretation may require external legal advice or may be subject to judicial review in future proceedings.

For readers seeking litigation specifically about this Determination, nothing is recorded in the instrument itself. Any litigation history must be sought in court databases, administrative law reports, or government records external to this Determination.

Gotchas

This Determination contains several features and textual choices that can trap practitioners if not closely attended to. Key “gotchas” grounded in the text:

The “genuine and legitimate interest” test is unstated and subjective. Section 7(1)(d)(1) requires the person to whom information will be disclosed to have a genuine and legitimate interest, but the Determination does not define those terms or provide objective criteria for assessing them. Practitioners should not assume a fixed set of circumstances will automatically satisfy the test; the Secretary’s own satisfaction is required (s7(1)).
Ministers listed in s7(2) bypass the genuine and legitimate interest test. Paragraph 7(1)(d)(2) and s7(2) list the Prime Minister and Ministers administering specified Commonwealth Acts. Those Ministers are explicitly treated differently to other recipients. Confirm recipient status early in the process because the statutory pathway varies.
De-identification requirement is an explicit gatekeeper. Sections 7(1)(c) and 29(4) require that, where the information is not de-identified, the purpose could not be achieved by disclosing de‑identified information before releasing identified data. This creates an operational burden to assess de-identifiability and to document why de-identification is insufficient.
“Cannot reasonably be obtained from a source other than the Department or Services Australia” is a fact-sensitive threshold. Sections 7(1)(a) and 29(1) require this satisfaction. The Determination does not prescribe how the Secretary must ascertain or document attempts to obtain information from other sources. Practitioners should expect to supply contemporaneous evidence showing why other sources were not available or adequate.
Narrow definition of “homeless young person”. Part 3 defines this class as under 18 and who has sought student assistance or a social security payment on the ground of being a homeless person (s4; Pt 3). This excludes adults and young people who have not sought such benefits. The stronger protective tests in Part 3 are therefore inapplicable outside that defined cohort.
Parental disclosures to parents of homeless young persons can be authorised subject to non-harm. Sections 32 and 33 allow reconciliation-related disclosures and parental assurance contacts where the Secretary is satisfied the disclosure will not result in harm (s29(2), ss32-33). Practitioners must not assume parental status alone authorises disclosure; the non-harm satisfaction is explicit.
Public utilities disclosure requires pre-existing consent to the first utility and a transfer of responsibility. Section 23 has several conjunctive conditions, including that the customer has previously given consent to the first utility to confirm entitlement to a concession and that responsibility for service provision transfers to the second utility. These prerequisites must all be present before the Department can disclose (s23).

How to comply

For Departmental decision makers, Services Australia officials, and legal or compliance advisers, compliance requires procedural discipline tied to the tests the Determination sets out. The following practical compliance checklist is grounded in the instrument’s language.

Pre-certification steps

Confirm statutory authority and scope
- Verify the disclosure is intended to be made under paragraph 355(1)(a) of the Student Assistance Act 1973 and that the Secretary’s certification is the appropriate mechanism (s3; s7(1)).
Identify the applicable section of the Determination
- Determine which specific section authorises disclosure (ss8-27, or Pt 3 for homeless young persons). A disclosure must be “covered by a section in this Part” (s7(1)(b); s29(3)).
Check alternative sources and de-identification
- Record why the information “cannot reasonably be obtained from a source other than the Department or Services Australia” (s7(1)(a); s29(1)).
- Assess if the purpose can be achieved by disclosing de‑identified information; if so, do not disclose identified information (s7(1)(c); s29(4)). Document the technical basis for any claim that de-identification would be insufficient.
Confirm recipient eligibility and interest
- Ascertain whether the intended recipient has a “genuine and legitimate interest” (s7(1)(d)(1)), or is a Minister covered by s7(2) (s7(1)(d)(2); s7(2)). If the recipient is a service organisation or agent, ensure it meets the definition in s4.
For homeless young persons, add harm assessment
- If the subject is a homeless young person as defined in s4, the Secretary must be satisfied the disclosure will not result in harm (s29(2)). Document the harm assessment and the factual basis for the Secretary’s satisfaction.
Verify purpose-specific conditions
- For example, for enforcement requests ensure the criminal or pecuniary penalty thresholds in s9 are met. For public utilities, confirm prior consent to the first utility and transfer of responsibility has occurred (s23). For public housing disclosures, ensure the purpose fits the list in s19(2).

Certification and records

Prepare a written certification for the Secretary
- The Secretary’s certification should state how each statutory precondition is satisfied: source exclusivity, de-identification feasibility, recipient legitimacy, coverage by a specific section, and for homeless young persons, non-harm satisfaction (ss6, 7, 29).

Part 1

Preliminary

Part 1 Preliminary

1 Name

This instrument is the Student Assistance (Public Interest Certificate Guidelines) Determination 2025.

2 Commencement

(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.

<table cellspacing="0" cellpadding="0" style="margin-left:5.35pt; border-collapse:collapse"><thead><tr><td colspan="3" style="width:407.5pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Commencement information</span></p></td></tr><tr><td style="width:95.65pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 1</span></p></td><td style="width:209pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 2</span></p></td><td style="width:81.45pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 3</span></p></td></tr><tr><td style="width:95.65pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Provisions</span></p></td><td style="width:209pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Commencement</span></p></td><td style="width:81.45pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Date/Details</span></p></td></tr></thead><tbody><tr><td style="width:95.65pt; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>Whole of instrument.</span></p></td><td style="width:209pt; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1 October 2025.</span></p></td><td style="width:81.45pt; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span></span></p></td></tr></tbody></table>

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.

(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.

3 Authority

This instrument is made under paragraph 356(a) of the Student Assistance Act 1973.

4 Definitions

In this instrument:

Act means the Student Assistance Act 1973.

Code of Conduct has the same meaning as in the Public Service Act 1999.

de-identified information means information that is no longer about an identifiable individual or an individual who is reasonably identifiable.

Department means the Department of Social Services.

family member has the same meaning as in the Social Security Act 1991.

Family Responsibilities Commission means the Commission established by section 9 of the Family Responsibilities Commission Act 2008 (Qld).

homeless young person means a person:

who is under 18 years; and
who has sought a student assistance benefit or social security payment on the ground of being a homeless person.

official has the same meaning as in section 13 of the Public Governance, Performance and Accountability Act 2013.

public interest certificate means a certificate, under paragraph 355(1)(a) of the Act, for the disclosure of information.

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.

social security payment has the same meaning as in the Social Security Act 1991.

5 Savings provision

The Student Assistance (Public Interest Certificate Guidelines) Determination 2015 continues in force in relation to public interest certificates made under and in accordance with that instrument.

Note: See section 13 of the Legislation Act 2003 and section 7 of the Acts Interpretation Act 1901.

6 Matters to which Secretary must have regard

In certifying for the purposes of paragraph 355(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:

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
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.

Part 2 Guidelines – General

7 When public interest certificate may be given

(1) The Secretary may certify for the purposes of paragraph 355(1)(a) of the Act that a disclosure of information is necessary in the public interest if the Secretary is satisfied that:

the information cannot reasonably be obtained from a source other than the Department or Services Australia; and
the disclosure is covered by a section in this Part; and
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
the person to whom the information will be disclosed either:

has a genuine and legitimate interest in the information; or
is a Minister covered by subsection (2) of this section.

(2) This subsection covers the following Ministers:

the Prime Minister;
a Minister administering any part of:
the Act; or
the social security law; or
the family assistance law; or
the Human Services (Centrelink) Act 1997; or
the Human Services (Medicare) Act 1973.

8 Threat to life, health or safety

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.

9 Enforcement of laws

For the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for one or more of the following purposes:

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;
investigating, prosecuting or preventing a breach of a law imposing a pecuniary penalty equivalent to 40 penalty units or more;
preventing an act that may have a significant adverse effect on the public revenue;
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;
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;
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.

10 Protecting the Commonwealth

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:

against a Commonwealth official; or against property of the Commonwealth; or on premises of:

the Department; or
Services Australia; or
a service organisation.

11 Proceeds of crime order

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:
making, or the proposed or possible making of, an order covered by subsection (2) of this section; or
supporting or enforcing such an order.

This subsection covers the following orders:

an order under Division 3 of Part XIII (recovery of pecuniary penalties for dealings in narcotic goods) of the Customs Act 1901; an order under Part VI (proceeds of crime) of the Mutual Assistance in Criminal Matters Act 1987; an order under Part II (confiscation) or III (control of property liable to confiscation) of the Proceeds of Crime Act 1987; 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; an order under a law of a State or Territory corresponding to a law mentioned in paragraph (c) or (d); an unexplained wealth order (within the meaning of the Proceeds of Crime Act 2002); a court order (including a declaration or direction) under a law of a State or Territory relating to unexplained wealth.

12 Mistake of fact

For 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:

the integrity of the program will be at risk if the mistake of fact is not corrected; or
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).

13 Ministerial briefing

For 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):

so that the Minister can:

    consider a complaint or issue raised by or on behalf of a person with the Minister (in writing or orally); and
    respond to that person in relation to the complaint or issue; or
for a meeting or forum that the Minister is to attend; or
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
about an error or delay on the part of Services Australia; or
about an instance of an anomalous or unusual operation of the Act, the social security law or the family assistance law.

14 Missing person

For 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:

the information is about a reported missing person or another relevant person; and
the disclosure is necessary for the purposes of:

    helping the court, coronial inquiry, Royal Commission, department or authority in relation to the missing person; or
    locating a person (including the missing person); and
there is no reasonable ground to believe that the missing person would not want the information disclosed.

15 Establishing death of person or place where death is registered

For the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for the purposes of establishing:

the death of a person; or
the place where the death of a person is registered.

16 Deceased person

For the purposes of paragraph 7(1)(b), this section covers a disclosure if:

the information is about a deceased person or another relevant person; and
the disclosure is necessary for the purposes of helping:

    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
    a person to locate a relative or beneficiary of the deceased person; or
    an individual or authority responsible for the administration of the estate of the deceased person in relation to the administration of the estate of the deceased person; and
there is no reasonable ground to believe that the deceased person would not have wanted the information disclosed.

17 School enrolment and attendance

For the purposes of paragraph 7(1)(b), this section covers a disclosure if the disclosure is necessary to ensure a child who:

is required to be enrolled in a school under a law of a State or Territory is enrolled; or
is required to be attending a school under a law of a State or Territory is attending.

18 School infrastructure

For 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.

19 Public housing administration

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:

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
subsection (2) of this section applies.

This subsection applies if the disclosure is necessary for one or more of the following purposes:

facilitating rent calculation or rent deduction in relation to public housing, or State or Territory managed housing; or
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
investigating or taking enforcement action in relation to public housing or State or Territory managed housing, including to assist with an investigation into:

    the misreporting of income by tenants of public housing or State or Territory managed housing; or
    the unauthorised occupation of public housing or State or Territory managed housing by any person.

20 Family Responsibilities Commission

For 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.

21 Reparations

For 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.

22 Child protection agencies

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.

23 Public utilities

For the purposes of paragraph 7(1)(b), where:
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
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
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
where necessary, the second public utility advises the Commonwealth of the contact details of the customer;

this 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.

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:
1. water;
2. sewerage;
3. gas;
4. electricity; or
5. telecommunications.

24 Matters of relevance

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 Act, social security law or family assistance law.
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:

    the program or activity provides assistance or services to a class of persons; and
    that class of persons includes one or more persons receiving student assistance benefits or payments or entitlements under the social security law or family assistance law.

25 Research, statistical analysis and policy development

For the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for the purposes of:

research into (including evaluation or monitoring of, or reporting on) matters of relevance to a department that is administering any part of the Act, social security law or family assistance law; or
statistical analysis of those matters; or
policy development in relation to those matters.

26 APS Code of Conduct investigations

For the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for the purpose of:

investigating suspected breaches of the Code of Conduct; and
making a decision on whether the Code of Conduct has been breached.

27 Work health and safety

For the purposes of paragraph 7(1)(b), this section covers a disclosure that is reasonably necessary to assist a:

Commonwealth agency (including Services Australia); or
State agency; or
Territory agency,

to manage a potential or actual work health and safety risk to that agency at premises where Services Australia is present.

Part 3 Guidelines – homeless young persons

28 Definitions

In this Part:

parent, in relation to a homeless young person, means:

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
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
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.

29 When public interest certificate may be given

Without limiting section 7, the Secretary may also certify for the purposes of paragraph 355(1)(a) of the Act that a disclosure of information is necessary in the public interest if the Secretary is satisfied that:

the information cannot reasonably be obtained from a source other than the Department or Services Australia; and
the Secretary is satisfied that the disclosure will not result in harm to the homeless young person; and
the disclosure is covered by a section in this Part; and
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.

30 State or Territory welfare authority

For 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:

in the care of that authority in accordance with the law of the State or Territory; or
under 15 years of age.

31 Abuse or violence

For the purposes of paragraph 29(c), this section covers a disclosure of information where:

the information is about a family member of a homeless young person; and
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.

32 Reconciliation

For 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.

33 Assurance

For the purposes of paragraph 29(c), this section covers a disclosure if:

a parent, or the parents, of a homeless young person has sought assurance that the homeless young person has been in contact with the Department or Services Australia; and
the disclosure is necessary to inform the parent or parents whether the homeless young person has been in contact with the Department or Services Australia.

Name

1 Name

This instrument is the Student Assistance (Public Interest Certificate Guidelines) Determination 2025.

Commencement

2 Commencement

<table cellspacing="0" cellpadding="0" style="margin-left:5.35pt; border-collapse:collapse"><thead><tr><td colspan="3" style="width:407.5pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Commencement information</span></p></td></tr><tr><td style="width:95.65pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 1</span></p></td><td style="width:209pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 2</span></p></td><td style="width:81.45pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 3</span></p></td></tr><tr><td style="width:95.65pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Provisions</span></p></td><td style="width:209pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Commencement</span></p></td><td style="width:81.45pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Date/Details</span></p></td></tr></thead><tbody><tr><td style="width:95.65pt; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>Whole of instrument.</span></p></td><td style="width:209pt; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1 October 2025.</span></p></td><td style="width:81.45pt; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span></span></p></td></tr></tbody></table>

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.

Authority

3 Authority

This instrument is made under paragraph 356(a) of the Student Assistance Act 1973.

Definitions

4 Definitions

In this instrument:

Act means the Student Assistance Act 1973.

Code of Conduct has the same meaning as in the Public Service Act 1999.

de-identified information means information that is no longer about an identifiable individual or an individual who is reasonably identifiable.

Department means the Department of Social Services.

family member has the same meaning as in the Social Security Act 1991.

Family Responsibilities Commission means the Commission established by section 9 of the Family Responsibilities Commission Act 2008 (Qld).

homeless young person means a person:

who is under 18 years; and
who has sought a student assistance benefit or social security payment on the ground of being a homeless person.

official has the same meaning as in section 13 of the Public Governance, Performance and Accountability Act 2013.

public interest certificate means a certificate, under paragraph 355(1)(a) of the Act, for the disclosure of information.

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.

social security payment has the same meaning as in the Social Security Act 1991.

Savings provision

5 Savings provision

The Student Assistance (Public Interest Certificate Guidelines) Determination 2015 continues in force in relation to public interest certificates made under and in accordance with that instrument.

Note: See section 13 of the Legislation Act 2003 and section 7 of the Acts Interpretation Act 1901.

Matters to which Secretary must have regard

6 Matters to which Secretary must have regard

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
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.

Part 2

Guidelines — General

Part 1 Preliminary

1 Name

This instrument is the Student Assistance (Public Interest Certificate Guidelines) Determination 2025.

2 Commencement

<table cellspacing="0" cellpadding="0" style="margin-left:5.35pt; border-collapse:collapse"><thead><tr><td colspan="3" style="width:407.5pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Commencement information</span></p></td></tr><tr><td style="width:95.65pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 1</span></p></td><td style="width:209pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 2</span></p></td><td style="width:81.45pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 3</span></p></td></tr><tr><td style="width:95.65pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Provisions</span></p></td><td style="width:209pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Commencement</span></p></td><td style="width:81.45pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Date/Details</span></p></td></tr></thead><tbody><tr><td style="width:95.65pt; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>Whole of instrument.</span></p></td><td style="width:209pt; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1 October 2025.</span></p></td><td style="width:81.45pt; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span></span></p></td></tr></tbody></table>

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.

3 Authority

This instrument is made under paragraph 356(a) of the Student Assistance Act 1973.

4 Definitions

In this instrument:

Act means the Student Assistance Act 1973.

Code of Conduct has the same meaning as in the Public Service Act 1999.

de-identified information means information that is no longer about an identifiable individual or an individual who is reasonably identifiable.

Department means the Department of Social Services.

family member has the same meaning as in the Social Security Act 1991.

Family Responsibilities Commission means the Commission established by section 9 of the Family Responsibilities Commission Act 2008 (Qld).

homeless young person means a person:

who is under 18 years; and
who has sought a student assistance benefit or social security payment on the ground of being a homeless person.

official has the same meaning as in section 13 of the Public Governance, Performance and Accountability Act 2013.

public interest certificate means a certificate, under paragraph 355(1)(a) of the Act, for the disclosure of information.

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.

social security payment has the same meaning as in the Social Security Act 1991.

5 Savings provision

The Student Assistance (Public Interest Certificate Guidelines) Determination 2015 continues in force in relation to public interest certificates made under and in accordance with that instrument.

Note: See section 13 of the Legislation Act 2003 and section 7 of the Acts Interpretation Act 1901.

6 Matters to which Secretary must have regard

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
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.

Part 2 Guidelines – General

7 When public interest certificate may be given

(1) The Secretary may certify for the purposes of paragraph 355(1)(a) of the Act that a disclosure of information is necessary in the public interest if the Secretary is satisfied that:

the information cannot reasonably be obtained from a source other than the Department or Services Australia; and
the disclosure is covered by a section in this Part; and
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
the person to whom the information will be disclosed either:

has a genuine and legitimate interest in the information; or
is a Minister covered by subsection (2) of this section.

(2) This subsection covers the following Ministers:

the Prime Minister;
a Minister administering any part of:
the Act; or
the social security law; or
the family assistance law; or
the Human Services (Centrelink) Act 1997; or
the Human Services (Medicare) Act 1973.

8 Threat to life, health or safety

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.

9 Enforcement of laws

For the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for one or more of the following purposes:

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;
investigating, prosecuting or preventing a breach of a law imposing a pecuniary penalty equivalent to 40 penalty units or more;
preventing an act that may have a significant adverse effect on the public revenue;
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;
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;
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.

10 Protecting the Commonwealth

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:

against a Commonwealth official; or against property of the Commonwealth; or on premises of:

the Department; or
Services Australia; or
a service organisation.

11 Proceeds of crime order

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:
making, or the proposed or possible making of, an order covered by subsection (2) of this section; or
supporting or enforcing such an order.

This subsection covers the following orders:

an order under Division 3 of Part XIII (recovery of pecuniary penalties for dealings in narcotic goods) of the Customs Act 1901; an order under Part VI (proceeds of crime) of the Mutual Assistance in Criminal Matters Act 1987; an order under Part II (confiscation) or III (control of property liable to confiscation) of the Proceeds of Crime Act 1987; 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; an order under a law of a State or Territory corresponding to a law mentioned in paragraph (c) or (d); an unexplained wealth order (within the meaning of the Proceeds of Crime Act 2002); a court order (including a declaration or direction) under a law of a State or Territory relating to unexplained wealth.

12 Mistake of fact

the integrity of the program will be at risk if the mistake of fact is not corrected; or
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).

13 Ministerial briefing

For 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):

so that the Minister can:

    consider a complaint or issue raised by or on behalf of a person with the Minister (in writing or orally); and
    respond to that person in relation to the complaint or issue; or
for a meeting or forum that the Minister is to attend; or
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
about an error or delay on the part of Services Australia; or
about an instance of an anomalous or unusual operation of the Act, the social security law or the family assistance law.

14 Missing person

the information is about a reported missing person or another relevant person; and
the disclosure is necessary for the purposes of:

    helping the court, coronial inquiry, Royal Commission, department or authority in relation to the missing person; or
    locating a person (including the missing person); and
there is no reasonable ground to believe that the missing person would not want the information disclosed.

15 Establishing death of person or place where death is registered

For the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for the purposes of establishing:

the death of a person; or
the place where the death of a person is registered.

16 Deceased person

For the purposes of paragraph 7(1)(b), this section covers a disclosure if:

the information is about a deceased person or another relevant person; and
the disclosure is necessary for the purposes of helping:

    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
    a person to locate a relative or beneficiary of the deceased person; or
    an individual or authority responsible for the administration of the estate of the deceased person in relation to the administration of the estate of the deceased person; and
there is no reasonable ground to believe that the deceased person would not have wanted the information disclosed.

17 School enrolment and attendance

For the purposes of paragraph 7(1)(b), this section covers a disclosure if the disclosure is necessary to ensure a child who:

is required to be enrolled in a school under a law of a State or Territory is enrolled; or
is required to be attending a school under a law of a State or Territory is attending.

18 School infrastructure

For 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.

19 Public housing administration

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:

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
subsection (2) of this section applies.

This subsection applies if the disclosure is necessary for one or more of the following purposes:

facilitating rent calculation or rent deduction in relation to public housing, or State or Territory managed housing; or
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
investigating or taking enforcement action in relation to public housing or State or Territory managed housing, including to assist with an investigation into:

    the misreporting of income by tenants of public housing or State or Territory managed housing; or
    the unauthorised occupation of public housing or State or Territory managed housing by any person.

20 Family Responsibilities Commission

21 Reparations

22 Child protection agencies

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.

23 Public utilities

For the purposes of paragraph 7(1)(b), where:
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
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
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
where necessary, the second public utility advises the Commonwealth of the contact details of the customer;

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:
1. water;
2. sewerage;
3. gas;
4. electricity; or
5. telecommunications.

24 Matters of relevance

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 Act, social security law or family assistance law.
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:

    the program or activity provides assistance or services to a class of persons; and
    that class of persons includes one or more persons receiving student assistance benefits or payments or entitlements under the social security law or family assistance law.

25 Research, statistical analysis and policy development

For the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for the purposes of:

research into (including evaluation or monitoring of, or reporting on) matters of relevance to a department that is administering any part of the Act, social security law or family assistance law; or
statistical analysis of those matters; or
policy development in relation to those matters.

26 APS Code of Conduct investigations

For the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for the purpose of:

investigating suspected breaches of the Code of Conduct; and
making a decision on whether the Code of Conduct has been breached.

27 Work health and safety

For the purposes of paragraph 7(1)(b), this section covers a disclosure that is reasonably necessary to assist a:

Commonwealth agency (including Services Australia); or
State agency; or
Territory agency,

to manage a potential or actual work health and safety risk to that agency at premises where Services Australia is present.

Part 3 Guidelines – homeless young persons

28 Definitions

In this Part:

parent, in relation to a homeless young person, means:

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
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
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.

29 When public interest certificate may be given

the information cannot reasonably be obtained from a source other than the Department or Services Australia; and
the Secretary is satisfied that the disclosure will not result in harm to the homeless young person; and
the disclosure is covered by a section in this Part; and
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.

30 State or Territory welfare authority

For 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:

in the care of that authority in accordance with the law of the State or Territory; or
under 15 years of age.

31 Abuse or violence

For the purposes of paragraph 29(c), this section covers a disclosure of information where:

the information is about a family member of a homeless young person; and
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.

32 Reconciliation

33 Assurance

For the purposes of paragraph 29(c), this section covers a disclosure if:

a parent, or the parents, of a homeless young person has sought assurance that the homeless young person has been in contact with the Department or Services Australia; and
the disclosure is necessary to inform the parent or parents whether the homeless young person has been in contact with the Department or Services Australia.

When public interest certificate may be given

7 When public interest certificate may be given

(1) The Secretary may certify for the purposes of paragraph 355(1)(a) of the Act that a disclosure of information is necessary in the public interest if the Secretary is satisfied that:

the information cannot reasonably be obtained from a source other than the Department or Services Australia; and
the disclosure is covered by a section in this Part; and
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
the person to whom the information will be disclosed either:

has a genuine and legitimate interest in the information; or
is a Minister covered by subsection (2) of this section.

(2) This subsection covers the following Ministers:

the Prime Minister;
a Minister administering any part of:
the Act; or
the social security law; or
the family assistance law; or
the Human Services (Centrelink) Act 1997; or
the Human Services (Medicare) Act 1973.

Threat to life, health or safety

8 Threat to life, health or safety

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.

Enforcement of laws

9 Enforcement of laws

For the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for one or more of the following purposes:

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;
investigating, prosecuting or preventing a breach of a law imposing a pecuniary penalty equivalent to 40 penalty units or more;
preventing an act that may have a significant adverse effect on the public revenue;
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;
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;
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.

Protecting the Commonwealth

10 Protecting the Commonwealth

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:

against a Commonwealth official; or against property of the Commonwealth; or on premises of:

the Department; or
Services Australia; or
a service organisation.

Proceeds of crime order

11 Proceeds of crime order

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:
making, or the proposed or possible making of, an order covered by subsection (2) of this section; or
supporting or enforcing such an order.

This subsection covers the following orders:

an order under Division 3 of Part XIII (recovery of pecuniary penalties for dealings in narcotic goods) of the Customs Act 1901; an order under Part VI (proceeds of crime) of the Mutual Assistance in Criminal Matters Act 1987; an order under Part II (confiscation) or III (control of property liable to confiscation) of the Proceeds of Crime Act 1987; 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; an order under a law of a State or Territory corresponding to a law mentioned in paragraph (c) or (d); an unexplained wealth order (within the meaning of the Proceeds of Crime Act 2002); a court order (including a declaration or direction) under a law of a State or Territory relating to unexplained wealth.

Mistake of fact

12 Mistake of fact

the integrity of the program will be at risk if the mistake of fact is not corrected; or
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).

Ministerial briefing

13 Ministerial briefing

For 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):

so that the Minister can:

    consider a complaint or issue raised by or on behalf of a person with the Minister (in writing or orally); and
    respond to that person in relation to the complaint or issue; or
for a meeting or forum that the Minister is to attend; or
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
about an error or delay on the part of Services Australia; or
about an instance of an anomalous or unusual operation of the Act, the social security law or the family assistance law.

Missing person

14 Missing person

the information is about a reported missing person or another relevant person; and
the disclosure is necessary for the purposes of:

    helping the court, coronial inquiry, Royal Commission, department or authority in relation to the missing person; or
    locating a person (including the missing person); and
there is no reasonable ground to believe that the missing person would not want the information disclosed.

Establishing death of person or place where death is registered

15 Establishing death of person or place where death is registered

For the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for the purposes of establishing:

the death of a person; or
the place where the death of a person is registered.

Deceased person

16 Deceased person

For the purposes of paragraph 7(1)(b), this section covers a disclosure if:

the information is about a deceased person or another relevant person; and
the disclosure is necessary for the purposes of helping:

    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
    a person to locate a relative or beneficiary of the deceased person; or
    an individual or authority responsible for the administration of the estate of the deceased person in relation to the administration of the estate of the deceased person; and
there is no reasonable ground to believe that the deceased person would not have wanted the information disclosed.

School enrolment and attendance

17 School enrolment and attendance

For the purposes of paragraph 7(1)(b), this section covers a disclosure if the disclosure is necessary to ensure a child who:

is required to be enrolled in a school under a law of a State or Territory is enrolled; or
is required to be attending a school under a law of a State or Territory is attending.

School infrastructure

18 School infrastructure

For 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.

Public housing administration

19 Public housing administration

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:

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
subsection (2) of this section applies.

This subsection applies if the disclosure is necessary for one or more of the following purposes:

facilitating rent calculation or rent deduction in relation to public housing, or State or Territory managed housing; or
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
investigating or taking enforcement action in relation to public housing or State or Territory managed housing, including to assist with an investigation into:

    the misreporting of income by tenants of public housing or State or Territory managed housing; or
    the unauthorised occupation of public housing or State or Territory managed housing by any person.

Family Responsibilities Commission

20 Family Responsibilities Commission

Reparations

21 Reparations

Child protection agencies

22 Child protection agencies

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.

Public utilities

23 Public utilities

For the purposes of paragraph 7(1)(b), where:
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
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
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
where necessary, the second public utility advises the Commonwealth of the contact details of the customer;

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:
1. water;
2. sewerage;
3. gas;
4. electricity; or
5. telecommunications.

Matters of relevance

24 Matters of relevance

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 Act, social security law or family assistance law.
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:

    the program or activity provides assistance or services to a class of persons; and
    that class of persons includes one or more persons receiving student assistance benefits or payments or entitlements under the social security law or family assistance law.

Research, statistical analysis and policy development

25 Research, statistical analysis and policy development

For the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for the purposes of:

research into (including evaluation or monitoring of, or reporting on) matters of relevance to a department that is administering any part of the Act, social security law or family assistance law; or
statistical analysis of those matters; or
policy development in relation to those matters.

APS Code of Conduct investigations

26 APS Code of Conduct investigations

For the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for the purpose of:

investigating suspected breaches of the Code of Conduct; and
making a decision on whether the Code of Conduct has been breached.

Work health and safety

27 Work health and safety

For the purposes of paragraph 7(1)(b), this section covers a disclosure that is reasonably necessary to assist a:

Commonwealth agency (including Services Australia); or
State agency; or
Territory agency,

to manage a potential or actual work health and safety risk to that agency at premises where Services Australia is present.

Part 3

Guidelines — homeless young persons

Part 1 Preliminary

1 Name

This instrument is the Student Assistance (Public Interest Certificate Guidelines) Determination 2025.

2 Commencement

<table cellspacing="0" cellpadding="0" style="margin-left:5.35pt; border-collapse:collapse"><thead><tr><td colspan="3" style="width:407.5pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Commencement information</span></p></td></tr><tr><td style="width:95.65pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 1</span></p></td><td style="width:209pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 2</span></p></td><td style="width:81.45pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 3</span></p></td></tr><tr><td style="width:95.65pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Provisions</span></p></td><td style="width:209pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Commencement</span></p></td><td style="width:81.45pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Date/Details</span></p></td></tr></thead><tbody><tr><td style="width:95.65pt; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>Whole of instrument.</span></p></td><td style="width:209pt; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1 October 2025.</span></p></td><td style="width:81.45pt; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span></span></p></td></tr></tbody></table>

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.

3 Authority

This instrument is made under paragraph 356(a) of the Student Assistance Act 1973.

4 Definitions

In this instrument:

Act means the Student Assistance Act 1973.

Code of Conduct has the same meaning as in the Public Service Act 1999.

de-identified information means information that is no longer about an identifiable individual or an individual who is reasonably identifiable.

Department means the Department of Social Services.

family member has the same meaning as in the Social Security Act 1991.

Family Responsibilities Commission means the Commission established by section 9 of the Family Responsibilities Commission Act 2008 (Qld).

homeless young person means a person:

who is under 18 years; and
who has sought a student assistance benefit or social security payment on the ground of being a homeless person.

official has the same meaning as in section 13 of the Public Governance, Performance and Accountability Act 2013.

public interest certificate means a certificate, under paragraph 355(1)(a) of the Act, for the disclosure of information.

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.

social security payment has the same meaning as in the Social Security Act 1991.

5 Savings provision

The Student Assistance (Public Interest Certificate Guidelines) Determination 2015 continues in force in relation to public interest certificates made under and in accordance with that instrument.

Note: See section 13 of the Legislation Act 2003 and section 7 of the Acts Interpretation Act 1901.

6 Matters to which Secretary must have regard

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
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.

Part 2 Guidelines – General

7 When public interest certificate may be given

(1) The Secretary may certify for the purposes of paragraph 355(1)(a) of the Act that a disclosure of information is necessary in the public interest if the Secretary is satisfied that:

the information cannot reasonably be obtained from a source other than the Department or Services Australia; and
the disclosure is covered by a section in this Part; and
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
the person to whom the information will be disclosed either:

has a genuine and legitimate interest in the information; or
is a Minister covered by subsection (2) of this section.

(2) This subsection covers the following Ministers:

the Prime Minister;
a Minister administering any part of:
the Act; or
the social security law; or
the family assistance law; or
the Human Services (Centrelink) Act 1997; or
the Human Services (Medicare) Act 1973.

8 Threat to life, health or safety

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.

9 Enforcement of laws

For the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for one or more of the following purposes:

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;
investigating, prosecuting or preventing a breach of a law imposing a pecuniary penalty equivalent to 40 penalty units or more;
preventing an act that may have a significant adverse effect on the public revenue;
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;
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;
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.

10 Protecting the Commonwealth

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:

against a Commonwealth official; or against property of the Commonwealth; or on premises of:

the Department; or
Services Australia; or
a service organisation.

11 Proceeds of crime order

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:
making, or the proposed or possible making of, an order covered by subsection (2) of this section; or
supporting or enforcing such an order.

This subsection covers the following orders:

an order under Division 3 of Part XIII (recovery of pecuniary penalties for dealings in narcotic goods) of the Customs Act 1901; an order under Part VI (proceeds of crime) of the Mutual Assistance in Criminal Matters Act 1987; an order under Part II (confiscation) or III (control of property liable to confiscation) of the Proceeds of Crime Act 1987; 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; an order under a law of a State or Territory corresponding to a law mentioned in paragraph (c) or (d); an unexplained wealth order (within the meaning of the Proceeds of Crime Act 2002); a court order (including a declaration or direction) under a law of a State or Territory relating to unexplained wealth.

12 Mistake of fact

the integrity of the program will be at risk if the mistake of fact is not corrected; or
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).

13 Ministerial briefing

For 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):

so that the Minister can:

    consider a complaint or issue raised by or on behalf of a person with the Minister (in writing or orally); and
    respond to that person in relation to the complaint or issue; or
for a meeting or forum that the Minister is to attend; or
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
about an error or delay on the part of Services Australia; or
about an instance of an anomalous or unusual operation of the Act, the social security law or the family assistance law.

14 Missing person

the information is about a reported missing person or another relevant person; and
the disclosure is necessary for the purposes of:

    helping the court, coronial inquiry, Royal Commission, department or authority in relation to the missing person; or
    locating a person (including the missing person); and
there is no reasonable ground to believe that the missing person would not want the information disclosed.

15 Establishing death of person or place where death is registered

For the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for the purposes of establishing:

the death of a person; or
the place where the death of a person is registered.

16 Deceased person

For the purposes of paragraph 7(1)(b), this section covers a disclosure if:

the information is about a deceased person or another relevant person; and
the disclosure is necessary for the purposes of helping:

    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
    a person to locate a relative or beneficiary of the deceased person; or
    an individual or authority responsible for the administration of the estate of the deceased person in relation to the administration of the estate of the deceased person; and
there is no reasonable ground to believe that the deceased person would not have wanted the information disclosed.

17 School enrolment and attendance

For the purposes of paragraph 7(1)(b), this section covers a disclosure if the disclosure is necessary to ensure a child who:

is required to be enrolled in a school under a law of a State or Territory is enrolled; or
is required to be attending a school under a law of a State or Territory is attending.

18 School infrastructure

For 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.

19 Public housing administration

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:

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
subsection (2) of this section applies.

This subsection applies if the disclosure is necessary for one or more of the following purposes:

facilitating rent calculation or rent deduction in relation to public housing, or State or Territory managed housing; or
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
investigating or taking enforcement action in relation to public housing or State or Territory managed housing, including to assist with an investigation into:

    the misreporting of income by tenants of public housing or State or Territory managed housing; or
    the unauthorised occupation of public housing or State or Territory managed housing by any person.

20 Family Responsibilities Commission

21 Reparations

22 Child protection agencies

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.

23 Public utilities

For the purposes of paragraph 7(1)(b), where:
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
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
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
where necessary, the second public utility advises the Commonwealth of the contact details of the customer;

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:
1. water;
2. sewerage;
3. gas;
4. electricity; or
5. telecommunications.

24 Matters of relevance

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 Act, social security law or family assistance law.
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:

    the program or activity provides assistance or services to a class of persons; and
    that class of persons includes one or more persons receiving student assistance benefits or payments or entitlements under the social security law or family assistance law.

25 Research, statistical analysis and policy development

For the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for the purposes of:

research into (including evaluation or monitoring of, or reporting on) matters of relevance to a department that is administering any part of the Act, social security law or family assistance law; or
statistical analysis of those matters; or
policy development in relation to those matters.

26 APS Code of Conduct investigations

For the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for the purpose of:

investigating suspected breaches of the Code of Conduct; and
making a decision on whether the Code of Conduct has been breached.

27 Work health and safety

For the purposes of paragraph 7(1)(b), this section covers a disclosure that is reasonably necessary to assist a:

Commonwealth agency (including Services Australia); or
State agency; or
Territory agency,

to manage a potential or actual work health and safety risk to that agency at premises where Services Australia is present.

Part 3 Guidelines – homeless young persons

28 Definitions

In this Part:

parent, in relation to a homeless young person, means:

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
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
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.

29 When public interest certificate may be given

the information cannot reasonably be obtained from a source other than the Department or Services Australia; and
the Secretary is satisfied that the disclosure will not result in harm to the homeless young person; and
the disclosure is covered by a section in this Part; and
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.

30 State or Territory welfare authority

For 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:

in the care of that authority in accordance with the law of the State or Territory; or
under 15 years of age.

31 Abuse or violence

For the purposes of paragraph 29(c), this section covers a disclosure of information where:

the information is about a family member of a homeless young person; and
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.

32 Reconciliation

33 Assurance

For the purposes of paragraph 29(c), this section covers a disclosure if:

a parent, or the parents, of a homeless young person has sought assurance that the homeless young person has been in contact with the Department or Services Australia; and
the disclosure is necessary to inform the parent or parents whether the homeless young person has been in contact with the Department or Services Australia.

Definitions

28 Definitions

In this Part:

parent, in relation to a homeless young person, means:

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
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
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.

When public interest certificate may be given

29 When public interest certificate may be given

the information cannot reasonably be obtained from a source other than the Department or Services Australia; and
the Secretary is satisfied that the disclosure will not result in harm to the homeless young person; and
the disclosure is covered by a section in this Part; and
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.

State or Territory welfare authority

30 State or Territory welfare authority

For 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:

in the care of that authority in accordance with the law of the State or Territory; or
under 15 years of age.

Abuse or violence

31 Abuse or violence

For the purposes of paragraph 29(c), this section covers a disclosure of information where:

the information is about a family member of a homeless young person; and
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.

Reconciliation

32 Reconciliation

Assurance

33 Assurance

For the purposes of paragraph 29(c), this section covers a disclosure if:

a parent, or the parents, of a homeless young person has sought assurance that the homeless young person has been in contact with the Department or Services Australia; and
the disclosure is necessary to inform the parent or parents whether the homeless young person has been in contact with the Department or Services Australia.

Source text: opening excerpt

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

Part 1 Preliminary

1 Name

This instrument is the Student Assistance (Public Interest Certificate Guidelines) Determination 2025.

2 Commencement

<table cellspacing="0" cellpadding="0" style="margin-left:5.35pt; border-collapse:collapse"><thead><tr><td colspan="3" style="width:407.5pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Commencement information</span></p></td></tr><tr><td style="width:95.65pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 1</span></p></td><td style="width:209pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 2</span></p></td><td style="width:81.45pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 3</span></p></td></tr><tr><td style="width:95.65pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Provisions</span></p></td><td style="width:209pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Commencement</span></p></td><td style="width:81.45pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Date/Details</span></p></td></tr></thead><tbody><tr><td style="width:95.65pt; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>Whole of instrument.</span></p></td><td style="width:209pt; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1 October 2025.</span></p></td><td style="width:81.45pt; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span></span></p></td></tr></tbody></table>

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.

3 Authority

This instrument is made under paragraph 356(a) of the Student Assistance Act 1973.

4 Definitions

In this instrument:

Act means the Student Assistance Act 1973.

Code of Conduct has the same meaning as in the Public Service Act 1999.

de-identified information means information that is no longer about an identifiable individual or an individual who is reasonably identifiable.

Department means the Department of Social Services.

family member has the same meaning as in the Social Security Act 1991.

Family Responsibilities Commission means the Commission established by section 9 of the Family Responsibilities Commission Act 2008 (Qld).

homeless young person means a person:

who is under 18 years; and
who has sought a student assistance benefit or social security payment on the ground of being a homeless person.

official has the same meaning as in section 13 of the Public Governance, Performance and Accountability Act 2013.

public interest certificate means a certificate, under paragraph 355(1)(a) of the Act, for the disclosure of information.

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.

social security payment has the same meaning as in the Social Security Act 1991.

5 Savings provision

The Student Assistance (Public Interest Certificate Guidelines) Determination 2015 continues in force in relation to public interest certificates made under and in accordance with that instrument.

Note: See section 13 of the Legislation Act 2003 and section 7 of the Acts Interpretation Act 1901.

6 Matters to which Secretary must have regard

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
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.

Part 2 Guidelines – General

7 When public interest certificate may be given

(1) The Secretary may certify for the purposes of paragraph 355(1)(a) of the Act that a disclosure of information is necessary in the public interest if the Secretary is satisfied that:

the information cannot reasonably be obtained from a source other than the Department or Services Australia; and
the disclosure is covered by a section in this Part; and
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
the person to whom the information will be disclosed either:

has a genuine and legitimate interest in the information; or
is a Minister covered by subsection (2) of this section.

(2) This subsection covers the following Ministers:

the Prime Minister;
a Minister administering any part of:
the Act; or
the social security law; or
the family assistance law; or
the Human Services (Centrelink) Act 1997; or
the Human Services (Medicare) Act 1973.

8 Threat to life, health or safety

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.

9 Enforcement of laws

For the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for one or more of the following purposes:

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;
investigating, prosecuting or preventing a breach of a law imposing a pecuniary penalty equivalent to 40 penalty units or more;
preventing an act that may have a significant adverse effect on the public revenue;
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;
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;
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.

10 Protecting the Commonwealth

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:

against a Commonwealth official; or against property of the Commonwealth; or on premises of:

the Department; or
Services Australia; or
a service organisation.

11 Proceeds of crime order

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:
making, or the proposed or possible making of, an order covered by subsection (2) of this section; or
supporting or enforcing such an order.

This subsection covers the following orders:

an order under Division 3 of Part XIII (recovery of pecuniary penalties for dealings in narcotic goods) of the Customs Act 1901; an order under Part VI (proceeds of crime) of the Mutual Assistance in Criminal Matters Act 1987; an order under Part II (confiscation) or III (control of property liable to confiscation) of the Proceeds of Crime Act 1987; 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; an order under a law of a State or Territory corresponding to a law mentioned in paragraph (c) or (d); an unexplained wealth order (within the meaning of the Proceeds of Crime Act 2002); a court order (including a declaration or direction) under a law of a State or Territory relating to unexplained wealth.

12 Mistake of fact

the integrity of the program will be at risk if the mistake of fact is not corrected; or
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).

13 Ministerial briefing

For 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):

so that the Minister can:

    consider a complaint or issue raised by or on behalf of a person with the Minister (in writing or orally); and
    respond to that person in relation to the complaint or issue; or
for a meeting or forum that the Minister is to attend; or
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
about an error or delay on the part of Services Australia; or
about an instance of an anomalous or unusual operation of the Act, the social security law or the family assistance law.

14 Missing person

the information is about a reported missing person or another relevant person; and
the disclosure is necessary for the purposes of:

    helping the court, coronial inquiry, Royal Commission, department or authority in relation to the missing person; or
    locating a person (including the missing person); and
there is no reasonable ground to believe that the missing person would not want the information disclosed.

15 Establishing death of person or place where death is registered

For the purposes of paragraph 7(1)(b), this section covers a disclosure that is necessary for the purposes of establishing:

the death of a person; or
the place where the death of a person is registered.

16 Deceased person

For the purposes of paragraph 7(1)(b), this section covers a disclosure if:

the information is about a deceased person or another relevant person; and
the disclosure is necessary for the purposes of helping:

    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
    a person to locate a relative or beneficiary of the deceased person; or
    an individual or authority responsible for the administration of the estate of the deceased person in relation to the administration of the estate of the deceased person; and
there is no reasonable ground to believe that the deceased person would not have wanted the information disclosed.

17 School enrolment and attendance

For the purposes of paragraph 7(1)(b), this section covers a disclosure if the disclosure is necessary to ensure a child who:

is required to be enrolled in a school under a law of a State or Territory is enrolled; or
is required to be attending a school under a law of a State or Territory is attending.

18 School infrastructure

For 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.

19 Public housing administration

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:

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
subsection (2) of this section applies.

This subsection applies if the disclosure is necessary for one or more of the following purposes:

facilitating rent calculation or rent deduction in relation to public housing, or State or Territory managed housing; or
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
investigating or taking enforcement action in relation to public housing or State or Territory managed housing, including to assist with an investigation into:

    the misreporting of income by tenants of public housing or State or Territory managed housing; or
    the unauthorised occupation of public housing or State or Territory managed housing by any person.

20 Family Responsibilities Commission

21 Reparations

22 Child protection agencies

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.

23 Public utilities

For the purposes of paragraph 7(1)(b), where:
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
responsibility for the provision of services to the customer by the firs

This is an opening excerpt, not the complete document.

Plain English Summary

Deep Dive

What it does

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply

Current sections

Preliminary

Part 1 Preliminary

1 Name

2 Commencement

3 Authority

4 Definitions

5 Savings provision

6 Matters to which Secretary must have regard

Part 2 Guidelines – General

7 When public interest certificate may be given

8 Threat to life, health or safety

9 Enforcement of laws

10 Protecting the Commonwealth

11 Proceeds of crime order

12 Mistake of fact

13 Ministerial briefing

14 Missing person

15 Establishing death of person or place where death is registered

16 Deceased person

17 School enrolment and attendance

18 School infrastructure

19 Public housing administration

20 Family Responsibilities Commission

21 Reparations

22 Child protection agencies

23 Public utilities

24 Matters of relevance

25 Research, statistical analysis and policy development

26 APS Code of Conduct investigations

27 Work health and safety

Part 3 Guidelines – homeless young persons

28 Definitions

29 When public interest certificate may be given

30 State or Territory welfare authority

31 Abuse or violence

32 Reconciliation

33 Assurance

Name

1 Name

Commencement

2 Commencement

Authority

3 Authority

Definitions

4 Definitions

Savings provision

5 Savings provision

Matters to which Secretary must have regard

6 Matters to which Secretary must have regard

Guidelines — General

Part 1 Preliminary

1 Name

2 Commencement

3 Authority

4 Definitions

5 Savings provision

6 Matters to which Secretary must have regard

Part 2 Guidelines – General

7 When public interest certificate may be given

8 Threat to life, health or safety

9 Enforcement of laws

10 Protecting the Commonwealth

11 Proceeds of crime order

12 Mistake of fact

13 Ministerial briefing

14 Missing person

15 Establishing death of person or place where death is registered