Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person may obtain protected information if the information is obtained for the purposes of:
(a) the social security law; or
(c) the Dental Benefits Act 2008 ; or
(d) the Family Homelessness Prevention and Early Intervention Pilot; or
(da) administering scholarships:
(i) provided for under Part 2 - 2A of the Higher Education Support Act 2003 (Indigenous student assistance grants); and
(ii) specified by the Secretary under subsection (2DA) of this section for the purposes of this subparagraph; or
(e) administering Commonwealth scholarships payable under Part 2 - 4 of the Higher Education Support Act 2003 ; or
(f) the Digital Switch - over Household Assistance Program; or
(g) the Business Services Wage Assessment Tool Payment Scheme Act 2015 ; or
(h) the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 ; or
(i) the scheme known as the Territories Stolen Generations Redress Scheme.
Note: For an example of obtaining protected information for the purposes of the social security law, see section 202A.
(2) A person may:
(a) make a record of protected information; or
(b) disclose such information to any person; or
(c) otherwise use such information;
if the record, disclosure or use made of the information by the person is made:
(d) for the purposes of the social security law or the Dental Benefits Act 2008 ; or
(daa) for the purposes of the family assistance law; or
(dab) for the purposes of the Paid Parental Leave Act 2010 ; or
(dac) for the purposes of the Student Assistance Act 1973 ; or
(da) for the purposes of the Family Homelessness Prevention and Early Intervention Pilot; or
(daaa) for the purposes of the administration of scholarships:
(i) provided for under Part 2 - 2A of the Higher Education Support Act 2003 (Indigenous student assistance grants); and
(ii) specified by the Secretary under subsection (2DA) of this section for the purposes of this subparagraph; or
(db) for the purposes of the administration of Commonwealth scholarships payable under Part 2 - 4 of the Higher Education Support Act 2003 ; or
(dc) for the purposes of the Digital Switch - over Household Assistance Program; or
(dd) for the purposes of the Business Services Wage Assessment Tool Payment Scheme Act 2015 ; or
(de) for the purposes of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 ; or
(df) for the purposes of the scheme known as the Territories Stolen Generations Redress Scheme; or
(e) for the purpose for which the information was disclosed to the person under section 207 or 208 of this Act; or
(f) with the express or implied authorisation of the person to whom the information relates.
Note: For an example of a disclosure of, making a record of or the use of protected information for the purposes of the social security law, see section 202A.
(2AA) A person may use protected information to produce information in an aggregated form that does not disclose, either directly or indirectly, information about a particular person.
(2A) A person engaged (whether as an employee or otherwise) by a service organisation may:
(a) obtain protected information; or
(b) make a record of protected information; or
(c) disclose protected information to another person; or
(d) otherwise use protected information;
if the person believes, on reasonable grounds, that the obtaining, recording, disclosure or use that is proposed to be made of the information by the person is reasonably necessary for one or more of the purposes specified in subsection (2B).
(2B) The purposes for which the person may obtain, record, disclose or use protected information are as follows:
(a) facilitating access by a service recipient to a work - related service provided by a service organisation;
(b) facilitating efficient and effective delivery of a work - related service by a service organisation;
(c) facilitating efficient and effective performance of duties or exercise of functions relating to the provision of work - related services by a service organisation;
(d) facilitating efficient and effective administration by the Commonwealth of one or more of the matters mentioned in paragraphs (a), (b) or (c) (for example, payments to service organisations by the Commonwealth);
(e) any other purpose determined by the Secretary under subsection (2E).
(2C) A person may:
(a) obtain protected information; or
(b) make a record of protected information; or
(c) disclose protected information to another person; or
(d) otherwise use protected information;
if the Secretary believes, on reasonable grounds, that the obtaining, recording, disclosure or use that is proposed to be made of the information by the person is reasonably necessary for one or more of the following purposes:
(e) research into matters of relevance to a Department that is administering any part of the social security law;
(f) statistical analysis of matters of relevance to a Department that is administering any part of the social security law;
(g) policy development.
(2D) In this section:
"service organisation" means:
(a) an Agency (within the meaning of the Public Service Act 1999 ); or
(b) another authority of the Commonwealth; or
(c) an organisation that performs services for the Commonwealth.
"service recipient" means a person:
(a) who is receiving a social security payment, benefit or allowance; or
(b) who has made a claim for a social security payment, benefit or allowance; or
(c) who has contacted the Department about the receipt of, or an existing or future claim for, a social security payment, benefit or allowance; or
(d) on whose behalf another person, with the person's authority, has contacted the Department about any of the matters mentioned in paragraphs (a) to (c) relating to the person.
"work-related service" means a service of the following kind:
(a) assessment of the capacity to work of a service recipient;
(b) assistance given to a service recipient with the purpose of preparing the service recipient to seek or undertake work;
(c) placement of a service recipient in a position of employment;
(d) a service of a kind determined by the Secretary under subsection (2E).
(2DA) The Secretary may, by legislative instrument, specify a scholarship for the purposes of subparagraph (1)(da)(ii) or (2)(daaa)(ii).
(2E) The Secretary may, by legislative instrument, determine either or both of the following:
(a) that a specified purpose that is related to a matter mentioned in paragraphs (2B)(a) to (d) is a purpose for which the person may obtain, record, disclose or use protected information under subsection (2A);
(b) services of a specified kind are work - related services for the purposes of this section.
(3) The Minister may, by legislative instrument, specify additional purposes relating to other programs administered by the Department for which protected information may be obtained under subsection (1), or recorded, disclosed or otherwise used under subsection (2).
(5) For the purposes of subsection 12(1) of the Legislation Act 2003 , an instrument does not commence until the end of the period in which it could be disallowed in either House of the Parliament.
Enrolment and attendance at school
(6) If protected information relates to a matter covered by subsection (7), a person may do any of the following:
(a) obtain the information;
(b) make a record of the information;
(c) disclose the information to a person responsible for the operation of the relevant school, or any other school;
(d) otherwise use the information.
(7) This subsection covers matters in relation to the following:
(a) the enrolment, or non - enrolment, of a child at a school;
(b) a person whose child is, or is not, enrolled at a school;
(c) the attendance, or non - attendance, of a child at a school;
(d) a person whose child is, or is not, attending a school;
(e) a person's compliance with a compliance notice given to the person.
(8) If a person does something under subsection (6) for the purposes of Part 3C (schooling requirements), in subsection (6) or (7) of this section the following terms have the same meaning as in Part 3C (see section 124A):
(a) attendance (at a school);
(b) enrolment (at a school);
(c) person responsible (for the operation of a school).
(8A) If protected information relates to the establishment or ongoing maintenance of a BasicsCard bank account (within the meaning of section 123SB), a person may do any of the following:
(a) obtain the information;
(b) make a record of the information;
(c) disclose the information to a financial institution;
(d) otherwise use the information.
Welfare restricted bank accounts
(9) If protected information relates to the establishment or ongoing maintenance of a welfare restricted bank account (within the meaning of section 124PD as in force immediately before the day on which Part 2 of Schedule 1 to the Social Security (Administration) Amendment (Repeal of Cashless Debit Card and Other Measures) Act 2022 commences), a person may do any of the following:
(a) obtain the information;
(b) make a record of the information;
(c) disclose the information to a financial institution;
(d) otherwise use the information.
Note: In addition to the requirements of this section, information disclosed under this section must be dealt with in accordance with the Australian Privacy Principles.