The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

4.12.12 Additional Privacy Guidelines for Private Trusts & Private Companies

Summary

This section contains information on what details can and cannot be released to income support recipients who are involved in private trusts and private companies.

Release of information

The information held on private trust and private company files and computer records are subject to the same confidentiality and privacy conditions as all other income support recipient information.

However, due to the nature of the records held for private trusts and private companies extra care is necessary when accessing these records as they contain information about a number of people, some of whom are in receipt of a social security benefit and some who are not.

Examples of information that can be disclosed are:

  • information about the private trusts or private companies income and assets can only be confirmed with the controller or nominated contact person,
  • information about an income support recipient's own assessment, and
  • names of shareholders (this can only be disclosed, as the information is readily available from ASIC).

Examples of information that cannot be disclosed are:

  • personal details of any shareholders or beneficiaries (including whether or not they are a Centrelink income support recipient) to anyone, including controllers, and
  • tax file numbers.

Special care is also required when printing any computer records for distribution to an income support recipient. The print outs must be examined to ensure any information that is not relevant to the income support recipient is deleted.

The following table outlines the information that can and cannot be disclosed to individuals who may be making enquiries about a particular private trust or private company.

Information Individuals to whom information cannot be released Individuals to whom information can be released
All income and asset details of the organisation.
  • income support recipient,
  • shareholder,
  • beneficiary.
  • controller,
  • nominated contact person.
Personal details and their own income and asset details of the organisation. not applicable.
  • income support recipient,
  • controller,
  • nominated contact person,
  • shareholder,
  • beneficiary.
Personal details of others.
  • income support recipient,
  • controller,
  • nominated contact person,
  • shareholder,
  • beneficiary.
 not applicable.
Identify income support recipients.
  • income support recipient,
  • controller,
  • nominated contact person,
  • shareholder,
  • beneficiary.
 not applicable.
Identify controller/s.
  • income support recipient,
  • shareholder,
  • beneficiary.
  • controller,
  • nominated contact person.
Identify trustee/s.

not applicable.
  • income support recipient*,
  • controller,
  • nominated contact person,
  • beneficiary*.
Name of beneficiaries.
  • income support recipient,
  • beneficiary.
  • controller,
  • nominated contact person.
Names of shareholders. not applicable.
  • income support recipient*,
  • controller,
  • nominated contact person,
  • shareholder*.
Identify nominated contact person. not applicable.
  • income support recipient,
  • controller,
  • nominated contact person,
  • shareholder,
  • beneficiary.
Income support recipient or organisation TFN.
  • income support recipient,
  • controller,
  • nominated contact person,
  • shareholder,
  • beneficiary.
 not applicable.

*This information is already available to the general public through other sources, e.g. for trusts it is available on the Trust Deed and for companies it is available through ASIC.

Last reviewed: