Departure Prohibition Orders (DPO) for Centrelink customers 107-17060100

A DPO prevents a person with a Centrelink debt from leaving Australia.

A DPO may place significant restrictions on the normal liberties of citizens, residents and visitors to Australia. A DPO is made after serious consideration of the relevant circumstances.

Only delegated decision makers can:

• issue a DPO
• revoke a DPO
• vary a DPO
• issue a DAC
• issue a DAC change of return date
• specify an amount of security to ensure the person's return to Australia

A DAC allows a person to depart Australia, for a defined period, despite having a DPO in force. This places strict limits on when a person may depart and must return to Australia.

A person cannot leave Australia if they have a:

• DPO for Child Support or another department
• police warrant

The AFP may ask a person with a DAC to present it when attempting to depart Australia. Failure to present the certificate may result in a fine.

Consider issuing a DAC when a person makes and application and:

• both of the following apply:
• the person is likely to depart and return to Australia within a defined period
• their DPO is likely to be revoked within an appropriate time period
• the person has provided appropriate security for their return to Australia, or
• the issuing of the DAC is on humanitarian grounds or in Australia's interests

Do not issue a DAC in other situations.

The Australian Federal Police (AFP) and the Department of Home Affairs can prevent the overseas departure of a person with a DPO.

The AFP will stop a person at the point of departure when a DPO is in force. If the person does not have a DAC they may need to answer questions or produce documents.

A person must answer these questions even if they incriminate them or expose them to a penalty. However, their answers are not admissible in evidence against them. The exception is in relation to a prosecution for providing false or misleading information or documents.

It is an offence for a person to depart from Australia for a foreign country when all of the following apply:

• the person knows a DPO is in force, or is reckless as to whether a DPO is in force
• the person's departure is not authorised by a DAC
• the person knows the departure is not authorised by such a certificate, or is reckless as to whether the departure is authorised by such a certificate
  Penalty: Imprisonment for 12 months or a fine

A person commits an offence if:

• they fail to answer a question, or
• they fail to produce the document when capable of doing so. Penalty: 30 penalty units

It is an offence if a person who has a valid DAC fails to produce the certificate when requested. Penalty: 5 penalty units.

Prosecution may occur if a person commits an offence by providing false or misleading answers to questions. Penalty: Imprisonment for 12 months or a fine.

An attempt to commit any of these offences is punishable as though the actual offence had been committed.

A person can only appeal against the making of the DPO order to the:

• Federal Court of Australia, or
• Federal Circuit Court of Australia

The court may either dismiss the application or set aside the DPO.

A person can only appeal to the Administrative Review Tribunal (ART) regarding the following DPO decisions:

• refusal of a request to revoke or vary a DPO
• refusal of an application for a DAC
• refusal if an application to vary the return date of a DAC
• person does not agree with the request to provide a security bond
• a security is forfeited

A DPO must be revoked if:

• the relevant debts have been fully repaid
• the person has entered into a satisfactory payment arrangements for all relevant debts
• the debts will be irrecoverable
• the person is deceased
• any of the following details are incorrect:
• person's full name
• date of birth
• legislation under which the DPO was issued

A DPO will only be varied to correct errors on the face of the order itself.

It is not necessary to vary a DPO due to an increase in debt amount or receipt of payment.

You cannot vary a DPO to allow a person to depart Australia. You may revoke a DPO or the person can apply for a DAC where necessary.

If an active DPO is in place, there is:

• an indicator DPO Status - Active on the Customer Summary page. Find this by selecting the CRN link in Customer First or on the OPDL screen above the debt list. The OPDS screen in Customer First will show DPOs for debts in Process Direct
• in Process Direct through the Debt App, a DPO List icon that will show all payments with a DPO
• Money You Owe section of myGov
• Centrelink Express Plus App

A person enquiring about a DPO or a DAC should call the DPO team. This number is on the notices sent to the customer. Staff outside the DPO team should:

• warm transfer the call to the Departure Prohibition Order (DPO) Team, or
• complete the DPO Fast Note template if the DPO team is unavailable. Advise the person they will receive a call back within 24 hours