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.

6.1.1 General power to obtain information

Introduction

Centrelink can only require a person to give information or produce a document for PLP purposes if it reasonably believes that the person will be able to give the information or produce the document.

For PLP purposes, Centrelink may require a person to provide information or produce a document, if Centrelink considers that the information or document may be relevant to one or more of the following:

  • determining whether a claimant has made an effective claim for PLP, and if so, whether the person is or was eligible or is or was initially eligible for PLP
  • determining whether PLP is or was payable to a person
  • determining who should pay instalments of PLP to a person
  • ensuring instalment payments are able to be paid into the bank account of the person to whom they are payable
  • determining whether to make an employer determination (1.1.E.60) or whether one should have been made
  • determining whether PPL funding amounts are or were payable to an employer
  • ensuring that an employer complies or has complied with its obligations under the PPLAct
  • any inquiry or investigation into a matter listed above.

Example: Information required may include:

  • evidence relating to a person's period of employment
  • evidence relating to Australian residence
  • the claimant's ATI for the relevant year.

Act reference: PPLAct section 116A Reasonable belief needed to require information or documents, section 117 General power to obtain information

Written notice to request information

A requirement to provide information or produce a document under PPLAct Part 4-1 Division 2 Subdivision A must be made by a written notice, which may be given:

  • personally
  • by post, or
  • in any other manner approved by Centrelink.

The written notice must specify the following:

  • a description of the information, document or records to which the requirement relates
  • how the person is to provide the information or produce the document
  • the period within which the person is to give the information or produce the document
  • the agency and the contact officer (if any) to whom the information is to be given, or the document is to be provided
  • that the notice is given under PPLAct section 120, and
  • if the notice requires the person to appear before an officer to answer questions, that the person may be accompanied by a lawyer and the time and place at which the person must appear (which must be at least 14 days after the day the notice is issued unless the Secretary is satisfied that it is reasonable in the circumstances to specify an earlier time).

Explanation: Providing a written notice to the claimant/recipient enables Centrelink and the claimant/recipient to retain and keep records. Allowing a minimum of 14 days for providing information enables Centrelink to make allowances for claimants who reside in remote areas.

Note: The notice may describe the information or documents by class (see subsection 33(3AB) of the Acts Interpretation Act 1901)

Relationship with other laws

No state or territory law can operate to prevent a person from giving information, producing a document or giving evidence that the person is required to give or produce for the purposes of the PPL law, unless that in doing so would contravene a law of the Commonwealth (other than a law of a territory).

Refusing or failing to comply with a request

Refusing or failing to comply with a requirement to provide information or produce a document is a criminal offence. The penalty for such a failure or refusal is 6 months imprisonment.

This does not apply if the person has a reasonable excuse for failing or refusing to provide information or produce a document.

Exception: It is not a criminal offence under this section if the person to whom PLP is payable refuses or fails to provide their bank account details.

Self-incrimination

A person is not excused from giving information, or producing a document on the grounds that the information or the production of a document might tend to incriminate the person or expose the person to a penalty.

However, in the case of an individual, any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the document are not admissible in evidence against the individual in any criminal proceedings, other than:

  • proceedings for an offence against subsection 122(1) of the PPLAct
  • proceedings for an offence against section 137.1 or section 137.2 of the Criminal Code Act 1995, or
  • proceedings for an offence against division 145 of the Criminal Code.

Use of information in investigations etc.

Information given, or documents produced by a person in response to a request from Centrelink can be used in an inquiry or investigation into a matter, or criminal proceedings.

Act reference: PPLAct section 116A Reasonable belief needed to require information or documents, section 117 General power to obtain information, section 120 Written notice of requirement, section 121 Relationship with other laws, section 122 Offence-failure to comply with requirement, section 122A Self-incrimination, section 122B Use of information in investigations etc.

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