Document ID: chunk:federal_register_of_legislation:F2018L00464:reg:16:p1
Version: federal_register_of_legislation:F2018L00464
Segment Type: reg
Provision Reference: reg 16 (pt 1/8)
Character Range: 960–3888

16  Research, statistical analysis and policy development – education and related purposes
17 Matters of relevance
18 Administration and enforcement of the National Law
19 Establishment and operation of the Family Responsibilities Commission
20 Reparations
21 Child protection agencies
22 Public Housing Administration
23 School enrolment and attendance
24 School infrastructure
Part 3 Guidelines — public interest certificate (homeless young person)
25 Application
26 When public interest certificate may be given
27 Abuse or violence
28 Verification for payment
29 Reconciliation
30 Assurance

         Part 1 Preliminary

1 Name of Determination
  This Determination is the Family Assistance (Public Interest Certificate Guidelines) (Education) Determination 2018.

2 Commencement
  This Determination commences on the day after it is registered.

3 Application
  This Determination applies with respect to disclosures of protected information that occur on and from commencement in relation to matters relating to child care under the family assistance law.

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 168(1)(a) of the Act.

5 Definitions
  In this Determination:
Act means the A New Tax System (Family Assistance) (Administration) Act 1999.
Department means the Department responsible for administering child care payments under the family assistance law.
family member has the same meaning as in the Social Security Act 1991.
Minister means:
 (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
 (b) the Prime Minister.
public interest certificate means a certificate, under paragraph 168(1)(a) of the Act.
social security payment has the same meaning as in the Social Security Act 1991.
Note 1   The following expressions are defined in the Act:
 Family Assistance Act
 family assistance law
 Human Services Department
 officer
 protected information
 Secretary.
Note 2   The following expression is defined in the Family Assistance Act and has the same meaning in the Act (see subsection 3(2) of the Act):
 one‑off payment to families.

6 Matters to which Secretary must have regard
  In giving a public interest certificate on the basis of any ground set out in Part 2 or 3, except for section 9, 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