Implied consent regarding third parties 104-04060020

When a customer authorises another person (a third party) to deal with Services Australia on the customer's behalf, the customer is also consenting to Services Australia discussing with and disclosing their information to that third party.

Services Australia usually requires customers to provide express authority (written or verbal) that another person is authorised to make enquiries or act on behalf of the customer. However, there are situations where it is apparent from the circumstances of the customer that a third party is dealing with Services Australia on behalf of the customer and with the implied authority of the customer. Usually these will be single issue or one-off type of contacts by third parties on behalf of a customer.

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

• the contact is clearly related to the type of service or assistance those professions would provide to the customer
• Services Australia is satisfied the professional is assisting the customer in relation to the customer’s business with Services Australia, and
• it is reasonably certain the customer would provide express authority if they were able to, or if Services Australia required it

A helping professional must generally be a 'professional' in the sense that they are subject to professional and ethical obligations as a registered member of a professional organisation or body (for example, Australian Medical Association, State or Territory law society).

Examples of 'helping' professions include:

• Community legal centre lawyers and social workers
• Guardians
• Administrators
• Public Trustees
• Doctors
• Emergency personnel (for example, Ambulance, Police)
• Social workers*
• Members of Parliament and their staff
• Lawyers
• Financial counsellors
• Accountants and Tax Agents

* May include social workers and financial counsellors employed in those roles by State/Territory or Commonwealth government agencies, even if not registered with the relevant professional body.

Authority must not be implied if there is any reasonable doubt, ambiguity or uncertainty about:

• whether the customer would consent to the third party acting on their behalf, or
• the authenticity of the third party

Authority should not be implied in circumstances where express authority should be required, including:

• where the third party contact is not related to a specific assistance activity
• enquiries by family members or partners
• contact by persons who should be able to produce documents of enduring authority (for example, power of attorney or guardian)
• a nominee or representative authority (or similar) arrangement is more appropriate for the nature of the enquiry (for example, because the enquiry is likely to be an ongoing matter rather than a single or one-off type of contact)

Staff must be satisfied that the third party is:

• properly authenticated, and
• providing the service or assistance to the customer

Third party authentication means staff ensuring that the person is who they claim to be, and they are in fact a helping professional. This may be done by using a call back procedure to the office or employer they claim to be from. Another option may be to obtain their identification number for cross-reference with a professional register.

Staff may be satisfied the third party is providing a service or assistance to the customer by obtaining from the third party a completed form or letter signed by the customer or an email from the customer indicating the third party has been approached for assistance by the customer. Similarly, if the third party can provide a current bill showing the service is being provided to the customer that may be sufficient evidence of the relationship.

In some instances, an indication by the third party that the customer has approached them to assist with a particular matter or represent them may be enough. For example, in relation to inquiries made by Members of Parliament on behalf of a constituent who is also a customer of Services Australia.

In limited circumstances, authority may be implied where there is no other logical reason for the helping professional to be contacting Services Australia, such as the police or ambulance service. This is based on the presumption the customer would authorise the person if they could, but may not be able to - for example if the customer is unconscious or too ill to provide express authority. These details should be restricted to only what is necessary in the circumstances, which will often be emergency-type situations.

Smart Centres should still issue call receipt numbers accordingly.

Each instance must be judged on its merits. However, the usual expectation is Services Australia will only provide the minimum information that is clearly relevant to the type of help the professional is providing to the customer. See the Resources page for examples. Note: the agency cannot update customer records from the information supplied.

Staff must document on the customer’s record:

• 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