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.

8.1.6 Persons issued with a security notice

Introduction

This section explains the impact of a security notice being issued on security grounds to a person claiming or receiving PLP.

Issuing of a security notice

The Minister for Home Affairs (the Minister administering the Australian Security Intelligence Organisation Act 1979) may issue a security notice in relation to a person if the person has had:

  • their Australian passport cancelled, or their passport application refused, by the Minister for Foreign Affairs, or
  • their visa cancelled by the Minister for Home Affairs.

Before issuing the security notice, the Minister must consider:

  • the extent, if any, that payments of PLP are being, or may be used for a purpose that might prejudice the security of Australia or a foreign country, and
  • the likely effect of no PLP being paid on the person's dependants.

In these cases the Minister for Home Affairs will issue a security notice to the Minister for Social Services naming the person in writing. The Minister for Social Services must provide a copy of the security notice to the Secretary of DSS and the Chief Executive Officer of Services Australia.

Impact of a security notice on the person

While the notice is in force:

  • no PLP is to be paid to the person
  • the person is not eligible for PLP
  • PLP is not payable to the person.

A security notice remains in force until it is revoked.

Annual review of security notice

The Minister for Home Affairs must review a security notice within 12 months of it coming into force, and thereafter, within 12 months after the Minister for Home Affairs last considered whether to revoke the notice.

Revoking a security notice

The Minister for Home Affairs may revoke a security notice they have given to the Minister for Social Services. The revocation must be in writing and it takes effect on the day it is made. The Minister for Social Services must give a copy of the revocation notice to the Chief Executive Officer of Services Australia and the Secretary of DSS.

Review & appeal of security notices

Any decision made under PPLAct Part 6-1 Division 5 regarding PLP is taken for the purposes of Chapter 5 not to be a decision of an officer under the PPLAct and is not reviewable under PPLAct Chapter 5.

However, the decision to cancel PLP may be subject to judicial review under section 39B of the Judiciary Act 1903 or section 75(v) of The Constitution.

Act reference: PPLAct Part 6-1 Division 5—Loss of PLP for persons on security grounds

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