Disclosing information under child support law 104-01010020

A customer's contact details are protected information under Child Support legislation and cannot usually be disclosed. Unless there is an exception in child support legislation, do not provide a customer's contact details to anyone except the person who owns the contact details.

Officers must ensure they have the appropriate delegation and authorisation to release the information. See Child Support Services, Delegations and Authorisations.

After authenticating the customer or their authorised representative disclose the contact information recorded on the system for them. Including:

• postal address
• email address
• telephone numbers

Forwarding documents in limited circumstances

Do not disclose the customer's contact details to the other party, even if they were the person who provided the information to the agency. Child Support may be able to assist a parent who does not know the address of the other parent. Documents may possibly be forwarded to that other parent and also to non-parent carers.

Staff:

• must not disclose a customer's CSRN to the other party
• can give the customer their CSRN after they have been authenticated
• can disclose a customer's case number for cases they are a party to

Services Australia can request, but not compel, a customer to provide their TFN. For example, when taking an application for a child support assessment from a customer.

• Use TFNs for data matching purposes only
• Do not provide a TFN to a customer, their authorised representative or anyone else. Refer customers with TFN queries to the Australian Taxation Office (ATO)
• Resources page has a link to the ATO website

• If a customer is requesting their CRN, you can provide this only AFTER Proof of Record Ownership is completed.
• If the customer is requesting a CRN other than their own, for example a child's CRN, refer them to Centrelink.
• If a child support customer representative is requesting the customer CRN, refer them to Centrelink.

When updating or confirming a customer’s bank details, do not include the full account number in letters, only advise the last 3 digits of the customer’s account. When confirming bank details over the phone, ask the customer to provide the details to check against what we have on record rather than disclosing the details to the customer, or the last 3 digits can be advised if need be (such as if the customer is making the call from a public area).

When a customer provides new bank account details in a phone call, repeat all the numbers back to the customer to ensure they are recorded correctly in the first instance.

See Disbursements of child support.

Staff can tell a customer the details used to calculate their child support assessment and any other information contained in the customer's child support assessment letters. This includes the annual, monthly, fortnightly, weekly or daily case liability rate.

Instead of reading from windows like Client Income or Care, read from the:

• finalised child support assessment letter addressed to the customer, or
• relevant Assessment Details for Case window (accessed via the Case Liability Rates window)

This will lessen the chance of providing incorrect information.

Do not read any pending letters to customers, because the details may vary before the letter issues to them.

Assessment notices list the relevant dependent allowance amount only, but staff can tell customers the age range and the number of relevant dependent children because this information is used to calculate allowances that will impact on the assessment.

Do not provide any specific details about relevant dependent children, for example their name or exact age.

Staff can tell a customer the number and age ranges of multi-case child/ren of the other parent, as outlined in their child support assessment letters. This information may be required for the purposes of explaining the multi-case allowance and how the child support assessment is calculated.

Do not provide any specific details about other children in other child support cases, for example, their name or exact age.

Staff can tell a customer the following details about the child support income used for themselves and/or the other party as stated in the assessment letter:

• adjusted taxable income (ATI)
• child support income amount (CSIA)
• type of income, for example provisional income
• self-support amount used to calculate the CSIA
• any relevant dependent child amount used to calculate the CSIA, and
• any multi-case allowance or cap relevant to the assessment

Non-parent carers

In non-parent carer assessments the income of both parents can be disclosed to all parties, including the non-parent carer. This is because those incomes are used in the assessment assessed in respect to the costs of the child. Do not disclose the income of the non-parent carer to any other party to the case. The income of the non-parent carer is not used in the assessment.

Do not record or request the income of a non-parent carer.

Do not tell the customer the following details about the other party's income:

• The dollar amount or nature of individual components of the ATI, whether it contains 1 or multiple components. This includes tax deductions or reportable fringe benefits. Only the ATI as stated on the assessment letter may be disclosed

For more information see Table 3.

Staff can tell a customer the following information about their case:

• The care level recorded for each of the customer's child support children of the assessment
• The date a care decision was made
• The period that level of care has been used in the assessment

Do not tell a customer:

• The names, dates of birth or care level recorded for any relevant dependent children or children in other child support cases (if any) the other party has

If either customer's income changes, they may be able to lodge an estimate of their income. If an estimate is accepted, new assessment letters are sent to both customers stating the new income amount used.

Note: read all the information listed in this section before disclosing any details

When an estimate is accepted, staff can tell the non-estimating parent:

• the agency has accepted an estimate election from the other customer
• general information about the requirements that must be met before an estimate can be accepted, including that evidence may be requested
• estimated adjusted taxable income (ATI) being used in the assessment
• date the estimate will apply from and the period it will apply to
• the effect on the child support assessment for the customer staff are speaking with
• estimates can be reviewed if new information is received
• estimate will be reconciled

Do not tell the non-estimating parent:

• the actual estimate amount, only the ATI used in the assessment can be disclosed
• the year to date amount
• composition of the estimate, for example salary plus investment income
• the reason the estimate was lodged, for example retrenchment
• if evidence was provided or requested
• when the estimate was lodged, only advise the date the estimate will apply from

Estimates may be reviewed in circumstances where:

• A customer makes a later income election to reflect a change in their circumstances
• The Registrar otherwise becomes aware that an income estimate is no longer accurate
• The Registrar asks for information supporting the accuracy of an estimate

Both customers receive letters when an estimate review results in a new adjusted taxable income (ATI) being used in the assessment. For more information about estimate reviews post 1 July 2010, see Child Support estimates review.

When an estimate has been reviewed and the assessment has been changed, staff can tell the non-estimating parent:

• the estimated income used in the assessment has been updated
• the date that the change will apply from
• the ATI being used in the assessment (whether or not this has changed)
• the effect on the child support assessment for the customer staff are speaking with
• that estimates will be reconciled

Do not tell the non-estimating parent:

• the actual estimate amount, only the updated ATI used in the assessment can be disclosed
• the year to date income amount
• the composition of the estimate, for example salary plus reportable fringe benefits
• the reason the estimate was updated, for example the other parent started a new job

When an estimate is reconciled staff can tell the non-estimating parent:

• the estimate of income has been reconciled against actual income or has been checked and the agency is satisfied reconciliation is not required
• general information about the estimate reconciliation process, including general information about the process for applying estimate penalties
• the estimating parent's actual or determined adjusted taxable income (ATI) now used in the assessment
• the effect on the child support assessment for the customer staff are speaking with

Do not tell the non-estimating parent:

• the actual reconciling amount, only the other parent's actual or determined ATI used in the assessment can be disclosed
• the composition of the reconciling amount, for example salary plus investment income
• the reason the reconciling amount was different from the estimate of income
• if estimate penalties have been applied, remitted or are owed, or the amount of any estimate penalty

Change of assessment/objections staff ensure information is appropriately shared/released during the COA process.

• In most cases, copies of objections and COA applications must be forwarded to the other customer in the assessment. This facilitates open exchange of information
• The information forwarded to the other customer includes any supporting evidence provided by the applicant or third parties
• Staff can tell a customer if a copy of their COA application/objection has been forwarded to the other customer, and the due date provided for a response
• After the process has been finalised and a decision made, the agency cannot provide this information to them again:
• This is because the agency released that information during the COA process where it is expressly authorised by the legislation to do so
• Once that process is finalised, the authorisation to release that information ceases to apply

See Child Support customer requests to access their own information under Administrative release, Requests lodged under the Freedom of Information Act 1982 and the Child Support Guide 6.6.2 Gaining access to documents.

Note: a customer's representative cannot participate in a COA process. However, if the customer has authorised their representative to provide and/or receive information on their behalf, staff can tell the representative:

• general information about the COA process
• information that will assist the agency to arrange contact with the customer
• any information staff would tell the customer themselves about the decision after it has been made, including providing a copy of the decision letters

References has links to the Child Support Guide.

Staff should:

• discuss a customer's liability and payments only with them and/or their authorised representative
• use the Payer Account Summary window when discussing payments with a payer

Staff can tell a payer:

• what their liability is for a particular month, fortnight or week
• how much of a payment was allocated to the payer's child support liability, for example where some of the payment was also allocated to the payment of penalties, costs or fines
• the balance of any outstanding child support, overpayment and/or penalties owed by them
• the balance of an overpayment owed to them
• when their next payment is due
• when payments were received and allocated to their account, and
• the amount that was allocated to each case

Do not tell a payer:

• how much has been or was disbursed to a payee
• the date funds were disbursed to a payee or the method of disbursement
• the payee has a consolidated revenue or other debt
• the method the payee used to make the payment for the overpayment, for example internet banking or cheque

Do not discuss the payer's liability or payments with the other customer.

Staff should only discuss a payee's entitlement and disbursements with them or their representative.

Use the Payee Account Summary window and/or the Payee Disbursement List window when discussing disbursements with a payee.

Staff can tell a payee the following information:

• How much they are assessed or entitled to receive for a particular month, fortnight or week
• How much has been disbursed to them, when and how, for example into their bank account and the details of their account
• How much is available to be disbursed and when it will disburse
• How much child support is owing to them, as noted on the Payee Account Summary screen
• The balance of any amounts owed by the payee, for example overpayment of child support and consolidated revenue debts
• How much of a payment was allocated to the payee's overpayment debt

Do not tell the payee the following information:

• The method by which a payment was made by the payer, for example internet banking or cheque
• The amount that was paid by the payer. There may be more than 1 payee or the payee may not be entitled to receive that amount, for example due to penalties owed by the payer
• Amounts payable to other payees or amounts the payer owes in penalties, costs or fines
• The payer's salary or employer details
• The payer’s wage or pay cycle, do not disclose the payment period
• How much has been refunded to the payer

Do not discuss a payee's entitlement or disbursements with the other party.

Child support cases can involve more than 2 customers. Customers can owe child support or an overpayment to more than 1 other customer. Child Support may receive a payment that is not enough to cover all of the debt a customer owes. In these cases the payment is divided up between the other parties in proportion to the size of the debt they are owed. This is called apportionment.

Staff must not tell customers about ended cases. This is protected information.

More information about apportionment can be found in the Child Support Guide 5.5.2: Entitlement to payment and disbursement cycle. The Child Support Guide also contains a simple example of apportionment which may help explain the principle to customers.

References has links to the Child Support Guide.

Is the payment received to cover a child support liability or an overpayment of child support?

• Child support liability, go to Step 4
• Overpayment of child support, go to Step 5

If a payment is received from a payer who owes child support to more than 1 payee, and the amount received is less than the sum of those debts, the payment is apportioned between the payees.

Staff can tell the payee:

• the payer has another child support liability, if it is detailed in a finalised child support assessment notice
• the payment received will be apportioned because the payment was less than the total payment required
• the amount available to be disbursed to them

Do not tell the payee:

• the total amount paid by the payer
• the amount owed to other payee/s, only the amount to be disbursed to them

If a payer owes a debt relating to a liability that ceased before the new liability commenced and this is not detailed in a finalised assessment notice, the payee can be advised that their disbursements are being impacted by apportionment.

Provide only general information about circumstances in which apportionment applies.

If a payment is received from a payee who owes an overpayment to more than 1 payer and the amount received is less than the sum of those debts, the payment is apportioned between the payers.

Staff can tell the payer who is owed an overpayment:

• their disbursements are being impacted by apportionment. Only provide general information about circumstances in which apportionment applies
• the amount available to be disbursed to them

Do not tell the payer:

• the total amount paid by the payee
• the amount owed to other payer/s, only the amount to be disbursed to them

If a payer is owed an overpayment relating to a liability that ceased before the new liability commenced, and this is not detailed in a finalised assessment notice, the payer can be advised that their disbursements are being impacted by apportionment.

Provide only general information about circumstances in which apportionment applies.

Staff must be able to justify the decision that it is appropriate to disclose information to the customer about specific collection action taken. Make the decision against the secrecy and privacy provisions.

Any information disclosed must be directly relevant and/or necessary to keep the customer informed

• It may be appropriate to advise the customer of collection actions that have been taken to collect the debt owing to them if:
• the customer is owed monies and
• has not received a payment for some time

Do not tell a customer who owes a debt the source of information provided to Child Support that resulted in any collection action. This is the case even if they explain it must have been provided by the other party to the case or associated parties.

Often general information about collection actions will be sufficient to address most circumstances. Refer customers to the Services Australia website for more information about the:

• agency’s obligation to collect debt and
• types of collection action that can be taken legally

Resources has a link to the Services Australia website.

Staff may also make general statements for example:

• 'We are using every legal avenue available to us in order to locate a source of collection'
• 'We have identified a possible source of collection and are actively pursuing payments but payment is not guaranteed'
• 'We have explored the information the payee provided us, however we have not been able to successfully identify a viable avenue for collection as a result'

Staff may also make general statements to a customer who owes a debt for example:

• 'We have many avenues available to us to obtain information we may use to take collection and enforcement action'

In limited circumstances it may be appropriate to provide more specific information to the customer. Decide if in the circumstances of the case, it is directly relevant and/or necessary to keep the customer informed of collection activity.

For further guidance on disclosing information about certain collection and enforcement action, see Table 7

If it is directly relevant and/or necessary to keep the payee informed the Child Support Guide at 6.3.3 contains:

• information about the secrecy provisions and also
• examples about what information may be disclosed to a payee

References has links to the Child Support Guide.

Do not disclose specific information about the customer who owes the debt including:

• Employment status - employed or unemployed and associated dates their circumstances changed
• name and/or location of their employer
• financial institution or banking details
• name or address of someone who has been sent an s120 or s72A notice
• amount of a tax refund
• percentage amount of a s72A notice
• personal opinions about making a payment or entering into a payment arrangement
• specific reasons why the agency decided not to issue a Departure Prohibition Order despite receiving information that they were intending to travel

Specific considerations and authorisations apply to communicating protected information where a customer has notified Child Support of their intention to start court proceedings under section 113A of the Child Support (Registration and Collection) Act 1988.

See Recovery of debts by customers and the Child Support Guide 5.4.7 Payee's right to enforce debt via court proceedings.

Any communication of protected information to a customer for the purpose of the section 113A proceedings must be authorised by Child Support Program Branch.

References has links to the Child Support Guide.

Staff may determine it is appropriate to disclose the following information:

• A source of income has been located and action has been taken to collect from it on a regular basis
• Ongoing deductions have been requested from an Australian Government benefit/payment
• Whether or not the amount expected will cover their current monthly entitlement or liability. If not, explain the agency is only authorised to deduct certain amounts from some types of benefits /payments
• If there is overdue child support, that any amount disbursed over the monthly entitlement will go towards the overdue child support
• Overdue child support will accrue if the payments do not cover their monthly entitlement

Note: manage the customer's expectations by explaining that child support payments are not guaranteed

Do not tell the customer who is owed a debt details about the other customer including:

• type of benefit they are receiving
• date they commenced or ceased receiving payments
• specific amount requested, or
• details of any income support payment concession negotiation

Staff may determine it is appropriate to tell the customer who is owed a debt the following information:

• Ongoing deductions from an employer have been requested
• The amount expected will cover their current monthly child support entitlement
• Whether the amount is expected to include a component for arrears of child support or overpayment
• General information about the EW process and timeframes, including the first month there is likely to be a disbursement
• If a determination has been made that EW will not apply

Note: manage the customer's expectations by explaining child support payments are not guaranteed

Do not tell the customer who is owed a debt details about the other customer’s employment including:

• the employer, including name, type of business and location
• the pay cycle, do not disclose the payment period
• the date they commenced or ceased employment
• the capacity in which they are employed
• the exact amount requested and/or requested or expected to receive
• whether funds have been received from the employer if the disbursement is not showing in the Payee Account Summary. Do not say if the employer payment is waiting on reconciliation or the likely date reconciliation may occur
• whether the amount is to include an additional amount to cover late payment penalties and/or estimate penalties
• the specific reason EW was not deducted or was less than expected, for example below protected earnings or leave without pay. Make general statements for example:

'We have investigated and are expecting deductions from an employer to resume as usual' or

'This may no longer be a collection source so we are exploring other collection avenues'

Do not tell a customer who owes a debt the source of information provided to Child Support that resulted in collection action. This is the case even if they explain it must have been provided by the other party to the case or associated parties.

Staff may determine it is appropriate to tell the customer some of the following information:

• The agency has located a source of income/funds and have taken action to collect from it
• Whether the agency expects to receive funds regularly or not, for example one-off collection activity only
• If the amount disbursed is more than the payee's monthly entitlement, the additional funds will go towards the amount of overdue child support owed
• Overdue child support will accrue if the payments do not cover their monthly entitlement

Manage the customer's expectations by explaining that child support payments are not guaranteed.

Do not tell the customer the following information:

• How much has been requested or is expected to be received or whether the agency has requested periodic or cents in the dollar deductions
• Details about the third party the garnishee notice was issued to
• Whether the source is an employer, financial or other institution
• Information they provided was the source of the garnishee notice, therefore confirming a potential employer or confirm the customer banks with a specific bank or financial institution
• The date the garnishee notice was issued
• How often the customer who owes the debt receives funds from the source
• The date specific payments were received

Do not tell a customer who owes a debt the source of information provided to Child Support that resulted in any collection action. This is the case even if they explain it must have been provided by the other party to the case or associated parties.

Child support debt

• Only tell a customer funds are available from a TRIP once the funds have been credited to the payer’s account and:
• disbursed to the payee, or
• are showing as funds to be disbursed in the payee's account summary

Overpayment debt

• Only tell a customer funds are available from a TRIP once the funds have been credited to the payee’s account and:
• disbursed to the payer, or
• are showing as funds to be disbursed on the payer's account summary

This is because a customer may apply to have all or part of their intercepted tax refund returned on the basis of hardship.

Staff may determine it is appropriate to tell the customer who is owed a debt:

• The funds are from a one-off collection activity, rather than an ongoing source of income
• The funds disbursed were from a tax refund
• The amount that is available to be disbursed to the customer

Do not tell a customer who is owed a debt:

• an amount has been requested but not yet credited or disbursed
• the year a tax refund was for
• the date the tax return issued
• the total amount of the refund available
• whether a hardship application has been made
• whether or not a tax return has been lodged, although this may be evident by the type of income listed in the child support assessment notice

Staff may determine it is appropriate to tell the customer who is owed a debt:

• a payment arrangement has been negotiated to address the overdue debt
• general information about how Child Support negotiates payment arrangements
• the rate at which the agency has approved the debt to be paid unless the payment will be apportioned

If the payment will be apportioned, staff can tell the customer who is owed a debt:

• the amount Child Support expects them to receive and
• that the amount may change as the overdue child support and/or liability varies
• See Step 3 in Table 5

Note: manage the customer's expectations by explaining child support payments are not guaranteed

Do not tell the customer who is owed a debt any specific asset and liability or other information considered when negotiating the payment arrangement amount.

Staff may determine it is appropriate to tell the customer who is owed a debt:

• a DPO has been issued, or
• a DPO has not been issued

Staff must not tell the customer who is owed a debt details about:

• the other customer's travel history
• where the customer was intending to travel, or when
• specific reasons why a decision was made not to issue a DPO

It may be directly relevant and/or necessary to keep the customer who is owed a debt informed. The Child Support Guide 6.3.3 contains information about the secrecy provisions and some examples about what information may be disclosed.

References has links to the Child Support Guide.

The agency may take litigation action to recover child support debt. The Debt Enforcement SO5 determines what may or may not be appropriate to release to the customer who is owed a debt about the proceedings.

Only Debt Enforcement SO5s make this decision to ensure any legal action is not compromised.

A customer's financial information is protected information under the legislation and cannot usually be disclosed to anyone other than the customer who has incurred the penalty and/or debts.

There are some exceptions provided for in the legislation, if required seek technical advice.

Do not disclose to the other party the following information about a customer's account:

• If a penalty was incurred or remitted, including estimate or late payment
• lf there is a consolidated revenue debt
• The amount of any outstanding penalties, fines or costs
• The amount of any penalties, fines or costs paid
• Any arrangements in place to recover outstanding penalties or costs or other non-maintenance debt