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.

9.3.4 Civil penalty provisions

Summary

The NRSAct prescribes civil penalty provisions for offences committed by an individual or organisation under the Act. For example, the unauthorised access to protected information (section 100). Civil penalty provisions under the Act are enforceable under Part 4 of the Regulatory Powers (Standard Provisions) Act 2014. This allows for civil penalty provisions to be enforced by obtaining an order for a person to pay a penalty for committing the relevant offence. The civil penalty provision can be applied in each of Australia's external Territories.

An order is obtained through either the Federal Court of Australia, or the Federal Circuit Court of Australia, by authorised applicants. For the purposes of the Scheme and the requirements of the Regulatory Powers (Standard Provisions) Act, authorised applicants include the following:

  • the Operator
  • a Senior Executive Services (SES) employee, or acting SES employee, in the Department of Social Services
  • an SES employee, or acting SES employee, in Services Australia.

A civil penalty provision cannot be sought from the Commonwealth or a state or territory.

Act reference: NRSAct section 190 Civil penalty provisions

Last reviewed: