Customer requests access to their personal information 104-01010010

Information and documents may be released to a member of the public informally via the Agency’s administrative release processes. This is generally termed administrative access or administrative release or informal release of information.

These processes are particularly for customers or their authorised representative wanting access to information and/or documents relating to them. A member of the public should not be required to complete a formal FOI request where the information and/or documents contain the person's own information that is not sensitive to release.

See Administrative release for a list of the types of information and documents that may be released administratively without requiring a formal FOI request.

When approached by a customer or their authorised representative wanting access to their own information and documents, Services Officers should, in the first instance, refer to this list to determine whether the requested may be an administrative release.

All staff must help a person access information and/or documents through administrative release where the secrecy provisions of the appropriate legislation and/or the Privacy Act 1988 allow, and where the information and/or documents are not otherwise sensitive.

For Child Support, this process applies to customers and employers/organisations.

Service Officers, including smart centre Service Officers, should ensure all procedures are followed.

A definition of a 'document' in this guide is broadly stated and is not exhaustive. It should cover any information held by the agency in various formats and includes, but is not limited to:

• paper and electronic records
• emails
• Microsoft Teams messages
• call recordings and other audio files
• photographs and images, including CCTV

Any release of information that has been collected by the agency under Child Support, Family Assistance, Social Security or Medicare legislation must be assessed in accordance with the secrecy provisions of the specific legislation.

If releasing documents not supplied by the customer, Service Officers must check to ensure that it does not contain:

• information about other people, for example, partner or parent details. Consent from the third party would be needed before releasing information about that person. If express or implied consent is not provided, the person requesting the information should be advised why the documents cannot be provided administratively. They can be assisted to lodge a Freedom of Information (FOI) request if a formal decision under the FOI Act is required
• the identity of a confidential source of information
• information received in confidence

If documents contain the full name of staff, direct contact details or other information identifying staff, and these details have not been provided to the customer previously, then delete this material before release.

If unsure what information or documents can be released, the Service Officer should seek further information from their Line Manager.

Immediate release

Documents should be released at point of contact where this is available. For example, information or documents that can be printed from the customer record.

Within 30 days

Some information or documents may not be available for release at the point of contact. In these cases, documents should be released as soon as practicable and within 30 days. The customer should be kept informed of the likely release date and any delays that may occur in the retrieval of documents.

Availability at point of contact may be impacted by storage arrangements (for example, off site storage of paper files or retrieval requirements for call recordings). Clearance requirements and requests involving the personal information of another person may also impact immediate release.

If information and/or documents cannot be provided to the customer through administrative release, or by providing a letter containing the information they are seeking, the customer must be assisted to make a formal FOI request.

The Privacy (Tax File Number) Rule 2015, (the Rule) made under section 17 of the Privacy Act regulates the disclosure of an individuals’ TFN information.

Section 10 of the TFN Rule stipulates that the agency must only use or disclose TFN information:

• for a purpose authorised by taxation law, personal assistance law or superannuation law, or
• for the purpose of giving an individual any TFN information that the agency holds about that individual

Section 8WB(1) of the Taxation Administration Act 1953 provides that the agency must not release a customer’s TFN to a third person.

Services Australia must not disclose TFNs in a way that is inconsistent with the:

• TFN Rule
• Privacy Act, or
• Taxation Administration Act

A breach of the TFN Rule is an interference with privacy under the Privacy Act. Additionally, unauthorised use or disclosure of TFNs can be an offence under the Taxation Administration Act 1953 (TAA) and attract penalties including imprisonment and monetary fines.

To ensure TFNs are not disclosed in a way that is inconsistent with legislation, customers seeking access to their TFN should be referred to the Australian Taxation Office.

An exception may apply for customers located in remote communities. See Process page for details of relevant discretionary exemption.