3.1.17 Security Notices
This topic explains the impact of a security notice being issued which names an individual in receipt of a social security payment or concession card.
Issuing of a security notice
The cancellation of a visa by the Minister for Immigration and Border Protection or the cancellation of an Australian passport or the refusal to issue an Australian passport by the Minister for Foreign Affairs on national security grounds may lead to a notice being given to the Attorney-General.
The Attorney-General may then decide to issue a security notice to the Minister for Social Services naming the individual who is of concern. The Minister for Social Services will then provide a copy of the security notice to the Secretary of DSS and the Secretary of DHS.
If the individual of concern is a social security recipient, then their social security payment or concession card must be cancelled by force of SSAct section 38M on the day the notice comes into force. While the security notice remains in force, the individual will not be able to access social security payments or a concession card.
Act reference: SSAct section 38M Loss of social security payments and concessions for persons on security grounds
Review & appeal of security notices
Notices or any decision provided by the Minister for Immigration and Border Protection or the Minister for Foreign Affairs to the Attorney General under SSAct Part 1.3B (Counter-Terrorism Legislation Amendment (Foreign Fighters) Act 2014) are not reviewable under SS(Admin)Act Part 4.
Decisions of the Minister for Foreign Affairs and the Minister for Immigration and Border Protection to cancel or refuse passports and visas (respectively) and the Attorney-General to issue security notices are reviewable under the Administrative Decisions (Judicial Review) Act 1977.
The decision to issue a security notice is made by the Attorney-General, not an officer under social security law, and is not reviewable under SS(Admin)Act Part 4. The decision to cancel an individual's social security payment or concession card is subject to judicial review under Judiciary Act 1903 section 39B or section 75(v) of the Constitution.