Document ID: chunk:federal_register_of_legislation:F2015L01267:reg:17c:p1
Version: federal_register_of_legislation:F2015L01267
Segment Type: reg
Provision Reference: reg 17C (pt 1/9)
Character Range: 1073–4114

17C    Public utilities
18 Matters of relevance
18A Research and statistical analysis
18B APS Code of Conduct investigations

Part 3 Guidelines — public interest certificate (homeless young person)

19 Application
20 When public interest certificate may be given
21 Abuse or violence
22 Verification for payment
23 Reconciliation
24 Assurance

         Part 1 Preliminary

1 Name of Determination

  This Determination is the Social Security (Public Interest Certificate Guidelines) (DSS) Determination 2015.

2 Commencement

  This Determination commences on the day after it is registered.

3 Revocation

  The Social Security (Public Interest Certificate Guidelines) (DSS) Determination 2014 is revoked.

3A Savings provision

  Despite the revocation in section 3, the Social Security (Public Interest Certificate Guidelines) (DSS) Determination 2014 continues in force in relation to public interest certificates made under and in accordance with that instrument.

4 Purpose

  The purpose of this Determination is to set out guidelines for the exercise of the Secretary's power to give certificates under paragraph 208(1)(a) of the Act.

5 Definitions

  In this Determination:
Act means the Social Security (Administration) Act 1999.
APS Code of Conduct has the same meaning as in the Public Service Act 1999.
Department means the Department of Social Services.
Human Services Department means the Department of Human Services.
Minister means, as the context permits:
 (a) a Minister of State administering any part of:
 (i) the social security law; or
 (ii) the family assistance law; or
 (iii) the Human Services (Centrelink) Act 1997; or
 (iv) the Human Services (Medicare) Act 1973; and
 (b) the Prime Minister.
public interest certificate means a certificate, under paragraph 208(1)(a) of the Act, for the disclosure of relevant information.
relevant information means information about a person (including protected information) acquired by an officer in the performance of his or her functions or duties, or in the exercise of his or her powers, under the social security law or the Farm Household Support Act 2014.

Note 1   The following expressions are defined in the Act:
             * 1991 Act
             * social security law.

Note 2   The following expressions are defined in the 1991 Act and have the same meaning in the Act (see subsection 3(2) of the Act):
             * family member
             * officer
             * protected information
             * Secretary
             * social security payment.

6 Matters to which Secretary must have regard

  In giving a public interest certificate, the Secretary must have regard to:
 (a) any situation in which the person to whom the information relates is, or may be, subject to physical, psychological or emotional abuse; and
 (b) whether the person in such a situation may be unable to give notice of his or her circumstances because of:
  (i) age; or
  (ii) disability; or
  (iii) social, cultural, family or other reasons.

         Part 2