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Disclosing information to third parties 104-04060000




This document outlines when personal or protected information can be shared with third parties. It includes confirming next payment with a bank.

Disclosure of information to third parties in different situations

Table 1

Expand table

Item

Description

1

Customer aggression and counterproductive behaviour demonstrated by customers occurring on or off Services Australia premises

Aggressive and counterproductive behaviour can include:

  • assault or threatened assault of a customer or staff member, and
  • damage or theft of the property of a customer or staff member on Commonwealth property

Releasing information to police

Where an offence is committed on Services Australia property, the below employees have delegation to release information to the police under the Public Interest provisions:

  • Service Centre Managers (CM5, CM6 and CM7)
  • Team Leaders (TL5, TL6)
  • Services Managers (SM8), and
  • Zone Leaders

Information exchange between Services Australia and the Department of Employment and Workplace Relations (DEWR)

Services Australia record all incidents of customer aggression and counterproductive by Centrelink customers in CIMS.

Threats to Job Service Providers

In the event of aggression relating to a mutual customer, the relevant site or contacts should be immediately advised.

Services Australia must tell the Department of Employment and Workplace Relations about:

  • incidents of aggressive or violent behaviour by job seekers at service centres
  • site security/safety events involved
  • where police are called to assist, and
  • Managed Service Plan (MSP) details

When a customer has an active job seeker registration and an incident is recorded in CIMS, information is automatically transferred to DEWR's system.

Incident details sent are:

  • Local contact User ID
  • Incident ID
  • Incident status
  • Incident time and date
  • Type and nature of incident
  • Severity level of incident
  • Emergency services notified
  • Site Security/Safety events
  • Incident Description

Note: if a Managed Service Plan (MSP) is in place, details of the MSP will also be transferred to DEWR's system.

This information will be available to employment services providers dealing with the job seekers concerned. For details see

Assault or threatened assault of a staff member not on Services Australia premises

Information can be released to the Police where there is a threat to or assault of staff:

  • in the performance of their duties, or
  • as a result of the performance of their duties

The below employees have the delegation to release this information:

  • Service Centre Managers (CM5, CM6 and CM7)
  • Team Leaders (TL5, TL6)
  • Service Managers (SM8), and
  • Zone Leaders

The delegated officer must complete the public Interest Release of Information form.

2

Customer requests release of information to their bank

A customer may ask Services Australia to call their financial institution to confirm the details of their next payment:

  • Complete a confirmation of identity checks
  • Ask the customer for the
    • name, branch and phone number of the financial institution, and
    • the name of the contact officer
  • Go to the Payment Summary (PS) screen
  • Tell the customer what information the financial institution will get. Check the:
    • Dlvry (delivery) date: field
    • Net $: field
    • Type: field. If 'pending stm' shows, this means their form has not yet been processed. Make sure it has been lodged
  • Call the financial institution and give them the details
  • Record the customer's request and any action taken on a DOC

3

Deceased customers

See Requests for information after someone has died.

Public interest provisions apply to staff who have the delegation to release information, where authorised.

4

Police, State and Commonwealth agency requests

Services Australia has set up liaison with law enforcement agencies whereby:

  • all requests for information:
    • come through one central point within that agency, and
    • are received by the Information Release Team
  • with Queensland Police being an exception to this rule

If the officer asks for information, and they are not from Queensland Police, tell them to contact the assigned point of contact in their agency.

If the officer is from the Queensland Police, or another State and Commonwealth agency, contact the Information Release Section.

For more details, see Disclosing information and CCTV to police and State and Territory agencies.

Public interest provisions apply to staff who have the delegation to release information, where authorised. In addition, authorised officers can disclose information to Commonwealth Departments and Agencies as set out in Protected Information Disclosure Authorisations (Centrelink Services). The Resources page has the link.

5

Express and implied authority

An express authority is where the customer gives authority for a third party to enquire on their behalf. They may give this authority verbally or in writing.

It is not the same as a nominee arrangement.

An express authority, including a Power of Attorney (POA) must state exactly:

  • who can act
  • if there are any limitation on powers, and
  • if there is any time limit on the exercise of the authority

Verbal authority only applies for a one off time. For example, giving authority for a welfare agency to confirm payment status. Third party organisations can also access some Centrelink customer information using their Business Hub online account. For more information, see Table 1 in Customer Information Release service and Release my Information service.

Note:

  • Keep a copy of a written express authority on the customer's record
  • Add the details on a DOC
  • Do not use the 'Authorising a person or organisation to enquire or act on your behalf (SS313)' for a written expressed authority, other than for nominee and PPE arrangements

Implied Authority is when a third party is a member of a 'helping' profession, and:

  • the contact is clearly related to the type of service or assistance those professions would provide to the customer
  • Services Australia is satisfied the professional is helping the customer in relation to the customer's business with Services Australia, and
  • it is reasonably certain the customer would provide express authority if they were able to, or if Services Australia required it

See also:

6

Family Law - Commonwealth Information Orders and Subpoena

Send all applications for, and/or Commonwealth Information Orders issued under section 67N of the Family Law Act, via both email and internal mail to the Subpoena team of the Litigation Information Release Branch.

7

Threat to life and health

Delegations include:

  • Service Centre Manager (CM5, CM6, CM7)
  • Team Leaders (TL5, TL6)
  • Service Managers (SM8)
  • Service Support Managers (SSM7)
  • Zone Leader
  • Social Work Managers
  • Social Work Support Managers
  • APS 5 social workers and above
  • Prison Liaison Officers, and
  • APS 6 and all higher in Multicultural and Tailored Services Branch

Regardless of claim status, if there are grounds to believe the disclosure of information is necessary to prevent or lessen a threat to the life or health of a person, under the Public Interest provisions, delegated officers are able to:

  • release the information to the relevant authority, such as:
  • police, and/or
  • child protection agencies (for SW APS 6 and above only)
  • do this only in emergency situations

Refer all of these requests to the Information Release Section.

Record all of the information disclosed on the Public Interest Release of Information form. The Resources page has the link.