Social Security (Administration) Act 1999

The Secretary may require a person to give information about a class of persons to the Department for any or all of the following purposes:

to detect cases in which amounts of social security payment under the social security law have been paid when they should not have been paid;

to detect cases in which concession cards have been granted to persons to whom they should not have been granted;

to verify the qualification of persons who have made claims for social security payments under the social security law for those payments;

to facilitate the administration of Part 3AA;

to facilitate the administration of Part 3B;

to facilitate the administration of Part 3C (schooling requirements);

to verify the eligibility of persons who have applied for financial supplement.

The information that the Secretary may require about each person in the class of persons is all or any of the following information (but no other information):

full name and any previous name;

address;

sex;

marital status;

date of birth;

date of death;

dates of entries into and departures from Australia;

any payments received by the person from the person given the notice, within the period of 52 weeks before the giving of the notice, and the account number of the account into which any of those payments were paid;

in relation to any legal or equitable estate or interest in real property held by the person:

the name of the owner of the property;

the address of the property;

the details of the title documents for the property;

in relation to a course of study (including an accelerator program course) being undertaken by the person:

the name of the educational institution that the person is attending; and

the name of any educational institution previously attended by the person; and

the person’s enrolment status; and

the person’s student identification number; and

the name of the course; and

the course code; and

the date on which the course started or starts; and

the date on which the course ends; and

the subject or unit code; and

the normal full‑time study work load for the course; and

indicators of the person’s work load, including (but not limited to) effective full‑time student units, credit points, contact hours, number of subjects undertaken and number of assignments completed; and

the number of semesters required to complete the course; and

the date on which the person first attended, or will first attend, the course; and

the date on which the person last attended, or will last attend, the course; and

whether the person has discontinued the course and, if the person has discontinued the course, the date on which it happened; and

details of any unapproved absences from the course; and

the results or grade obtained by the person; and

the amount or value of a disqualifying accommodation scholarship or disqualifying education costs scholarship received by the person; and

if the course is an accelerator program course—whether the person is entitled to STARTUP‑HELP assistance for the course;

in relation to any employment of the person by the person given the notice:

the date on which the person’s employment started; and

the date on which the person’s employment ended;

in relation to an income stream received by the person:

the type of income stream; and

a unique identifier allocated to the income stream (also known as a product reference number); and

the date on which the income stream was purchased; and

the purchase price; and

the commencement day; and

the date of the first payment under the income stream; and

the relevant number; and

the account balance of the income stream as at the date of the notice; and

the account balance of the income stream on 1 July of the financial year in which the notice is given; and

for every payment made under the income stream in the 52 weeks before the date of the notice—the gross amount of the payment, the date on which it was paid and, if the payment is paid as a lump sum, the period to which the payment relates; and

for every payment to be made under the income stream in the 52 weeks after the date of the notice—the gross amount of the payment and the date on which it is to be paid; and

the date on which, rate at which and way in which the income stream is indexed; and

the residual capital value; and

if there is a reversionary beneficiary to which the income stream reverts on the death of the person—the name of the reversionary beneficiary and the percentage of the income stream that the reversionary beneficiary will receive; and

if the income stream was purchased before 20 September 2007—whether the income stream satisfies section 9A, 9B or 9BA of the 1991 Act, as those sections applied immediately before that date; and

if the income stream was purchased on or after 20 September 2007—whether the income stream was purchased with funds resulting from the commutation of an asset‑test exempt income stream and whether it is eligible to retain its asset‑test exempt income stream status; and

if the income stream is commuted—the date of commutation and the commuted amount; and

if the income stream is a defined benefit income stream—the deductible amount for the year in which the notice is given and the method used to work out the tax free components of that deductible amount; and

if payments made under the income stream represent an amount for a child of the person—the number of children for which payment is made and the gross amount of each payment made under the income stream for each child; and

any other information required by the Minister in an instrument made under subsection (3A);

for the purposes of Part 3C (schooling requirements), in relation to a schooling requirement child—any information relevant to the child’s past or present enrolment, or attendance, at school (within the meaning of that Part);

for the purposes of Part 3C (schooling requirements), in relation to a person in respect of whom a compliance notice is in force—any information relevant to the person’s compliance with the notice.

The Secretary may require information about a particular class of persons whether or not the Secretary is able to identify any of the persons in that class as being:

persons:

who have received; or

who are receiving; or

who have made claims for;

persons:

who are the holders of concession cards; or

who have made claims for concession cards; or

persons who have applied for financial supplement.

The Minister may, by legislative instrument, specify information required to be given in relation to an income stream received by a person.

Before making an instrument under subsection (3A), the Minister must consult the Information Commissioner in relation to matters that relate to the privacy functions (within the meaning of the Australian Information Commissioner Act 2010) and have regard to any submissions made by the Information Commissioner because of that consultation.

Within 13 weeks after information is given in response to a requirement under subsection (1), the Secretary must decide which (if any) of the information is, or is likely to be, relevant to a matter referred to in subsection (1).

If the Secretary decides, within the 13 week period, that some or all of the information given in response to the requirement is not, or is not likely to be, relevant to a matter referred to in subsection (1), the Secretary must ensure that any record of the irrelevant information is destroyed.

If the Secretary has not made a decision under subsection (4) at the end of the 13 week period, the Secretary must ensure that any record of all or any part of the information is destroyed.