Disclosing information under child support law 104-01010020

Services Australia is responsible for ensuring customer privacy and personal information is protected at all times.

When handling personal and protected information, in addition to complying with the Australian Privacy Principles contained in schedule 1 of the Privacy Act 1988, staff must comply with the more stringent secrecy provisions contained in Child Support legislation (including sections 16, 16AA, 16AB and 121B of the Child Support (Registration and Collection) Act 1988 and sections 150 and 150AA Child Support (Assessment) Act 1989).

This legislation is explained in the Child Support Guide 6.3 - Privacy, secrecy and proof of identity, specifically 6.3.3 - Secrecy provisions.

Staff should also be familiar with the privacy guidelines and their responsibilities for safeguarding privacy. This includes how much information can be disclosed to customers about collection activities.

If a third party requests information from staff, guidance about when Child Support will disclose a customer's information to another party is available in The Child Support Guide 6.3.3.

The Child Support Guide 6.3.6 has additional information about authorised representatives and persons with power of attorney or other legal authority.

Identity confirmation checks to confirm the identity of a customer and/or their representative must be satisfied before staff discuss a customer's personal or protected information with that customer or representative.

When a potential privacy incident is identified, it must be managed and reported as the agency expects. The Privacy intranet page contains information about how to manage and report privacy incidents, see Privacy incidents.

The References page contains information about policy and legislation concerning disclosing protected information under child support law.

Protected information is any information concerning a person gathered by:

• Child Support
• the agency's employees and contractors, and
• other government agencies

Protected information is gathered for the purposes of administering Child Support legislation.

Disclosure of protected information

Protected information about a customer can be disclosed to that customer or to their authorised representative. Unless the disclosure is required or authorised by or under Child Support legislation, it is an offence to disclose protected information about a customer to a person other than that customer.

Different authorisations apply depending on the reason for disclosure and the legislative provision being relied upon. For more information see Child Support Services, Delegations and Authorisations.

Disclosure to the other parent

The Child Support Registrar is authorised to disclose personal information about a parent to the other parent if the disclosure is required, or is considered appropriate, under the legislation. Before discussing details with the other parent staff must first determine if the disclosure is required or appropriate, giving consideration to the relevant secrecy and privacy obligations.

This includes how much information can be disclosed to customers about collection activities.

Note: information disclosure that is required or appropriate can be provided to the customer verbally and/or in writing.