4.12.12 Additional Privacy Guidelines for Private Trusts & Private Companies
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.||
|Personal details and their own income and asset details of the organisation.||not applicable.||
|Personal details of others.||
|Identify income support recipients.||
|Name of beneficiaries.||
|Names of shareholders.||not applicable.||
|Identify nominated contact person.||not applicable.||
|Income support recipient or organisation TFN.||
*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.