Disclosing information to third parties 104-04060000

Services Australia Centrelink often has strict confidentiality provisions. These limit the disclosure of protected information. Australian Privacy Principle (APP) 6 also places limitations on the disclosure of personal information.

Personal/protected information may only be disclosed to third parties if certain conditions are met including:

• the customer has consented to the disclosure, and
• the disclosure of the information is authorised or required under law

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.

The legal authority for certain releases, and lists of positions authorised to make these releases, are outlined on the Program Delegations and Authorisations Register intranet page. The Resources page has a link.

Express Authority is when a customer gives authority for their information to be released to a nominated third party. This may be via a formal written arrangement such as a:

• Correspondence Nominee
• Power of Attorney (POA)
• Some are for a limited, specified period and subject matter. It may not cover access to Services Australia information
• Check the terms of the POA
• Person Permitted to Enquire (PPE)

A customer may complete a consent form that allows a third party to represent them to the Minister for Government Services through a Member of Parliament or a Senator. This consent allows the representative to act on the customer's behalf.

This is a type of express authority. It allows the release of specific details to the nominated third party, for the purposes of responding to the representation.

The consent:

• does not replace a customer's current nominee or permission to enquire arrangements, and
• only relates to the specific instance for which the representation is being made

A customer may give informal verbal consent to the release of information to a person acting on their behalf.

Accept this authority when:

• it is a one-off urgent situation, and
• it is not feasible for a written authority

For example, a customer needs help from a community organisation and they call Services Australia. In the call they give their verbal consent for the community worker to receive information about them.

Services Australia may presume there is an implied authority of the customer when contacted by third parties who are members of 'helping' professions, and:

• there is documentation on the file that authorises the third party to deal with the customer's information
• the documentation is reasonably current
• the contact is clearly related to the type of service or help those professions would provide to the customer, and
• Services Australia is satisfied the professional is helping the customer with their agency business

For more information, see Implied consent regarding third parties.

A third party may get information under Public Interest provisions. This includes where a delegated officer determines there are reasonable grounds for believing that the disclosure of information about a person is necessary to prevent or lessen a threat to the life, health or welfare of a person.

See the Resources page for a link to Public Interest Release of Information form.

Service Officers must be sure of:

• the identity of a person claiming to be acting on the customer's behalf and
• the validity of their need for the information

If the person has contacted by phone, use the call back protocols and excellence in call handling procedures to confirm this.

Often the person or organisation wants to provide information as well as ask for it. Service Officers must document:

• their name, and
• the name of their organisation or agency or company, and
• a summary of the information provided and/or collected.

Consider faxing personal/protected information to customers or third parties on a case by case basis.

Information may be exchanged between the Department of Employment and Workplace Relations, Employment Services Providers and Services Australia in accordance with sections 202 and 204 of the Social Security (Administration) Act 1999 and the Privacy Act 1988.

Service Officers can gather details to advise a third party organisation about:

• the student's grant of ABSTUDY
• travel arrangements or outcomes

In line with ABSTUDY policy, these details ensure the effective and efficient administration of the ABSTUDY scheme. This action is undertaken under section 351(2)(d) of the Student Assistance Act 1973.

For example, this may include the details the agency needed to determine the student's ABSTUDY claim, which the agency is requesting the institution to provide.

All authorised representative arrangements like nominee arrangements, Powers of Attorney and implied authority stop when a customer dies. When a customer dies, their information can only be released to the following people or organisations:

• the executor as named in the will
• the Public Trustee
• a court
• the administrator of the estate
• state and territory government departments assessing burial/funeral assistance

The information should only be released on request. These requests should be in writing and preferably made using the Executor/Administrator request for information form (SS524).

For more information, see Requests for information after someone has died.

People who were nominee or Power of Attorney do not automatically become the executor or administrator.

Do not use a Statutory Declaration from a person without an appropriate authority. The declaration does not give them access to a deceased customer's information. Tell the person they must seek advice from a lawyer, Probate Office or Public Trustee.