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Implied consent regarding third parties 104-04060020

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This document outlines the policy and process for all service delivery staff (Medicare, Centrelink, Child Support and National Redress Scheme) to identify instances when a customer's consent can be implied for Services Australia to discuss and disclose their information to a third party.

Establishing implied authority

This table describes the process staff may use to decide if customer authority will be implied.

Expand table

Step

Action

1

Helping profession (authentication)

Is the Service Officer able to establish the person is from a 'helping' profession?

2

Providing assistance

Is the Service Officer satisfied the person is providing a service or assistance to the customer clearly related to their profession?

3

Satisfaction of authority

Is the Service Officer satisfied that the customer would provide express authority if they were able or if Services Australia required it?

4

Nature of enquiry

Does the enquiry relate to information the third party would need to assist the customer, see Resources if needed?

  • Yes, authority can be implied and basic details can be provided to a third party , go to Step 5
  • No, authority must not be implied, go to Step 5

5

Documenting contact

Create a document on the customer file setting out:

  • the name and organisation/agency/company of the helping professional
  • how the person was authenticated
  • what evidence showed the person was providing a service or assistance to the customer
  • how or why they are satisfied the customer would provide express consent if able to or if required by Services Australia
  • the issue or matter the person contacted Services Australia about, and
  • what information was disclosed to the person and, where appropriate, collected from the person