Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698830441968.pdf (New Zealand)
Corrections (Social Assistance) Amendment Act 2008 Public Act Date of assent Commencement 2008 No 24 8 April 2008 see section 2 Contents Title Commencement Principal Act amended Purpose of this Act New heading and sections 180 to 180D substituted Disclosure of prisoner information Purpose of section 180A 180 180A Prisoner information may be disclosed for social assistance purposes 180B Information that may be requested and disclosed 180C Social assistance may be suspended immediately if discrepancy discovered 180D Notice required by section 180C(1)(d) New heading inserted Consequential amendments to Privacy Act 1993 Page 2 2 2 2 3 3 4 4 5 6 6 7 1 s 1 Corrections (Social Assistance) Amendment Act 2008 2008 No 24 The Parliament of New Zealand enacts as follows: Title This Act is the Corrections (Social Assistance) Amendment Act 2008.
Commencement This Act comes into force on the day after the date on which it receives the Royal assent.

Principal Act amended This Act amends the Corrections Act 2004.
Purpose of this Act The purpose of this Act is to amend the principal Act— (a) so that it facilitates disclosure of prisoner information for the purposes of the operation of— (i) section 76(1) of the Social Security Act 1964 (under which a beneﬁt is, in general, not payable in respect of any period during which a beneﬁ­ ciary is imprisoned or detained in, or is an esca­ per from, a prison, pursuant to a sentence of im­ prisonment); and sections 86 and 86A of the Social Security Act 1964 (which provide for the recovery of debts due to the Crown within the meaning of sec­ tion 85A of that Act); and section 307B of the Education Act 1989 (which provides for the recovery of debts in respect of the payment to a person of allowances, student loans, or other money to which he or she was not, or is no longer, entitled); and regulation 28 of the Student Allowances Regula­ tions 1998 (under which a student imprisoned or detained in a prison, pursuant to a sentence of im­ prisonment is not entitled to receive any payment under those regulations in respect of any period of any such imprisonment); and (ii) (iii) (iv) 1 2 3 4 2 2008 No 24 Corrections (Social Assistance) Amendment Act 2008 s 5 (b) (c) to enable beneﬁts, allowances, and student loans, or any of them, payable to a person to be suspended, despite section 103(1) of the Privacy Act 1993, immediately a relevant discrepancy arises or is identiﬁed in prisoner information disclosed under the principal Act; and to re­enact other elements of section 180 of the princi­ pal Act (which authorises disclosure of prisoner infor­ mation for social security purposes).
5 New heading and sections 180 to 180D substituted Section 180 and the heading above it are repealed and the fol­ lowing heading and sections substituted: “Disclosure of prisoner information “180 Purpose of section 180A “(1) The purpose of section 180A is to facilitate the disclosure of information, by the chief executive to the requesting depart­ ment, for the purposes of the operation of all or any of the following provisions: “(a) section 76(1) of the Social Security Act 1964 (under which a beneﬁt is, in general, not payable in respect of any period during which a beneﬁciary is imprisoned or detained in, or is an escaper from, a prison, pursuant to a sentence of imprisonment): sections 86 and 86A of the Social Security Act 1964 (which provide for the recovery of debts due to the Crown within the meaning of section 85A of that Act): section 307B of the Education Act 1989 (which pro­ vides for the recovery of debts in respect of the payment to a person of allowances, student loans, or other money to which he or she was not, or is no longer, entitled): regulation 28 of the Student Allowances Regulations 1998 (under which a student imprisoned or detained in a prison, pursuant to a sentence of imprisonment is not entitled to receive any payment under those regulations in respect of any period of any such imprisonment): section 180C.
“(b) “(c) “(d) “(e) “(2) Requesting department, in subsection (1) and sections 180A and 180C, means— 3 s 5 Corrections (Social Assistance) Amendment Act 2008 2008 No 24 “(a) “(b) the department for the time being responsible for the ad­ ministration of the Social Security Act 1964, in relation to information requested for the purposes of the oper­ ation of a provision of that Act: the department for the time being responsible for the administration of Part 25 of the Education Act 1989, in relation to information requested for the purposes of the operation of section 307B of that Act, or regulation 28 of the Student Allowances Regulations 1998.
“Compare: 1954 No 51 s 36F “180A Prisoner information may be disclosed for social assistance purposes “(1) For the purpose stated in section 180, the chief executive of the requesting department may from time to time request the chief executive to supply all or any information speciﬁed in section 180B in respect of prisoners detained in a prison during the period speciﬁed in the request.
“(2) A request under subsection (1) must be made in writing and in accordance with arrangements made from time to time be­ tween— “(a) “(b) the chief executive; and the chief executive of the requesting department.

“(3) On receipt of a request made under subsection (1) the chief executive may supply the information requested to any person who is— “(a) an ofﬁcer or employee of the requesting department; and authorised for the purpose by the chief executive of the requesting department.
“(b) “Compare: 1954 No 51 s 36F “180B Information that may be requested and disclosed The information referred to in section 180A(1) is, for each prisoner detained in a prison during the period speciﬁed in the request,— “(a) a sufﬁcient amount of biographical information to iden­ tify the prisoner; and 4 2008 No 24 Corrections (Social Assistance) Amendment Act 2008 s 5 “(b) “(c) the name of the prison in which the prisoner is or was detained during that period; and details of each period of detention of the prisoner in the prison during the period speciﬁed in the request.
“Compare: 1954 No 51 s 36F “180C Social assistance may be suspended immediately if discrepancy discovered “(1) The chief executive of the requesting department may suspend immediately the payment to a person of the beneﬁts, allow­ ances, and student loans, or any of them, payable to the person if— “(a) “(b) “(c) “(d) information has been disclosed to the requesting depart­ ment under section 180A; and a discrepancy relating or apparently relating to the per­ son arises, or is identiﬁed in that information; and that chief executive wishes, on the basis of that discrep­ ancy, to effect the suspension; and immediately after the suspension is effected, the re­ questing department gives the person written notice of the kind speciﬁed in section 180D.
“(2) In this section and section 180D,— “adverse action has the same meaning as in section 97 of the Privacy Act 1993 “allowance means an allowance established (whether estab­ lished for the ﬁrst time or continued) by regulations made under section 303 of the Education Act 1989 “beneﬁt has the same meaning as in section 3(1) of the Social Security Act 1964 “discrepancy has the same meaning as in section 97 of the Privacy Act 1993 “student loan has the meaning given to it by section 2 of the Student Loan Scheme Act 1992 “working day has the same meaning as in section 2(1) of the Privacy Act 1993.
“(3) A notice under subsection (1) may also be used to give the person concerned notice under section 103(1) of the Privacy Act 1993 in relation to some proposed adverse action other 5 s 6 Corrections (Social Assistance) Amendment Act 2008 2008 No 24 than the suspension or suspensions concerned; but in that case that section applies to the taking of that action.

“(4) Subsection (1) overrides section 103(1) of the Privacy Act 1993.
“(5) Nothing in this section prevents any adverse action from being taken in respect of beneﬁts, allowances, or student loans in ac­ cordance with section 103(1) of the Privacy Act 1993 instead of this section.
“180D Notice required by section 180C(1)(d) “(1) A notice required by section 180C(1)(d)— “(a) must specify particulars of— “(i) “(ii) the discrepancy or discrepancies concerned; and the suspension or suspensions concerned; and “(b) must state that the person concerned may, after the re­ ceipt of the notice, show cause why payments of any beneﬁt, allowance, or student loan should not have been suspended.
“(2) A notice required by section 180C(1)(d) must be delivered to “(c) personally; or the person concerned— “(a) “(b) by leaving it at the person’s usual or last known place of residence or business or at the address speciﬁed by the person in any application or other document received from the person; or by posting it in a letter addressed to the person at that place of residence or business or at that address.
If a notice required to be given under section 180C(1)(d) is sent to a person by post,— “(a) the notice must, in the absence of proof to the contrary, be taken to have been delivered to that person on the fourth day after the day on which it was posted; and in proving the delivery it is sufﬁcient to prove that the letter was properly addressed and posted.” “(b) New heading inserted The following heading is inserted above section 181: “Dis­ closure of offender information”.
“(3) 6 6 2008 No 24 Corrections (Social Assistance) Amendment Act 2008 7 (1) (2) (3) Consequential amendments to Privacy Act 1993 This section amends the Privacy Act 1993.

Section 103(1) is amended by inserting “and to sec­ tion 180C(1) of the Corrections Act 2004” after “of this section”.

The item in Schedule 3 relating to the Corrections Act 2004 is amended by inserting “to 180D” after “180”.
19 March 2008 3 April 2008 8 April 2008 Legislative history Divided from Social Assistance (Debt Prevention and Minimisation) Amendment Bill (Bill 134–2) by committee of the whole House Third reading Royal assent This Act is administered by the Department of Corrections.

12 Wellington, New Zealand: Published under the authority of the New Zealand Government—2008 7