Document ID: chunk:federal_register_of_legislation:F2015L01268:reg:3a:p1
Version: federal_register_of_legislation:F2015L01268
Segment Type: reg
Provision Reference: reg 3A (pt 1/5)
Character Range: 1715–4561

3A    Savings provision

  Despite the revocation in section 3, the Student Assistance (Public Interest Certificate Guidelines) Determination 2013 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 for the purposes of paragraph 355(1)(a) of the Act.

5 Interpretation

 (1) In this Determination:
Act means the Student Assistance Act 1973.
Department means a Department administered by a Minister.
Minister means:
 (a) a Minister of State administering any part of:
 (i) the Act; or
 (ii) the social security law; or
 (iii) the family assistance law; or
 (iv) the Human Services (Centrelink) Act 1997; or
         (v)     the Human Services (Medicare) Act 1973; or
 (b) the Prime Minister.
public interest certificate means a certificate, under paragraph 355(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 Act.
social security law has the meaning given in subsections 3(3) and (4) of the Social Security (Administration) Act 1999.

 (2) An expression that is used in this Determination that is not defined in this Determination or the Act, and that is used in the social security law, has the same meaning in this Determination as it does in the social security law.

Note   The following expressions are defined in the Social Security Act 1991:
 family assistance law;
 family member;
 relationship parent;
 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 Guidelines — public interest certificate (general)

7 When public interest certificate may be given

 (1) The Secretary may give a public interest certificate for the disclosure of relevant information under this Part if:
 (a) the information cannot reasonably be obtained from a source other than a Department; and
 (b) the person to whom the information will be disclosed has sufficient interest in the information; and
 (c) the Secretary is satisfied that the disclosure is for at least one of the purposes mentioned in a provision in this Part.

 (2) A person has sufficient interest