Australian Capital Territory Numbered Regulations

CORRECTIONS MANAGEMENT AMENDMENT REGULATION 2015 (NO 1) (NO 2 OF 2015) - REG 4

substitute

50     Prescribed entities—Act, s 222 (3) (f)

    (1)     The Commonwealth department responsible for administering social services legislation is prescribed for the relevant protected information about a detainee, if the information is reasonably necessary—

        (a)     to ensure the proper care or housing of a person who is or is likely to be provided with services by or on behalf of the department; or

        (b)     to decide the detainee's eligibility to receive a Commonwealth payment or allowance.

    (2)     The Commonwealth department responsible for administering the Migration Act 1958

(Cwlth) is prescribed for the relevant protected information about a detainee, if the information is reasonably necessary for the purpose of deciding whether the detainee is eligible, under that Act, to remain in Australia.

    (3)     The commissioner of taxation is prescribed for the relevant protected information about a detainee, if the information is reasonably necessary to assess the detainee's liability to pay tax.

Note     See the Commonwealth Electoral Act 1918

(Cwlth), s 109 for information the director-general is required to give the Commonwealth Electoral Commissioner about certain detainees.

    (4)     In this section:

"commissioner of taxation" means the Commissioner of Taxation established under the Taxation Administration Act 1953

(Cwlth), section 4.

"relevant protected information", about a detainee, means the following information:

        (a)     the detainee's full name, and any other name by which the detainee is, or has previously been, known;

        (b)     the detainee's date of birth;

        (c)     the address or area where the detainee lived before being detained;

        (d)     the name of the correctional centre where the detainee is being detained;

        (e)     the detainee's offender identification number;

        (f)     the date the detainee's detention started;

        (g)     the date the detainee's detention is expected to end;

        (h)     if the information is for an entity mentioned in subsection (1)—

              (i)     the detainee's Centrelink card number; and

              (ii)     the type of Commonwealth payment or allowance the detainee received before the detainee's detention started; and

              (iii)     for a detainee under 19 years old—the name of the person who received a Commonwealth payment or allowance relating to the detainee before the detainee's detention started; and

              (iv)     the balance of the detainee's trust account held under the Act

, section 84 (Trust accounts for detainees);

              (i)     if the information is for an entity mentioned in subsection (2)—the detainee's visa grant number or visa evidence number;

        (j)     if the information is for an entity mentioned in subsection (3)—

              (i)     the detainee's tax file number; and

              (ii)     the following information relating to a return lodged by the detainee, or the detainee's liability to pay tax, in a financial year during the detainee's detention:

    (A)     income earned by the detainee in the financial year;

    (B)     any other information relevant to the detainee's liability to pay tax.

"social services legislation" means the following:

        (a)     the Child Support (Assessment) Act 1989

(Cwlth);

        (b)     the Child Support (Registration and Collection) Act 1988

(Cwlth);

        (c)     the Social Security Act 1991

(Cwlth).