9.1.6 Persons issued with a security notice
Issuing of a security notice
The cancellation of a visa by the Immigration Minister or the cancellation of an Australian passport or the refusal to issue an Australian passport by the Foreign Affairs Minister on national security grounds may lead to a notice being given to the Attorney-General. The Attorney-General may then give the Minister for Social Services a security notice in respect of a person but only after regard has been given to:
- the extent, if any, that payments of PLP or DAPP 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 or DAPP being paid on the person's dependants.
If the Attorney-General decides to issue a security notice to the Minister for Social Services in relation to a person, then while the notice is in force:
- no PLP or DAPP is to be paid to the person,
- the person is not eligible for PLP or DAPP,
- PLP or DAPP is not payable to the person.
If a security notice is given to the Minister for Social Services in relation to a person and a payability determination that PLP or DAPP is payable is in force on the day before the notice is issued and the day the notice is given is within the person's PPL or DAPP period, then the person's determination should be varied so that the person's PPL or DAPP period ends on the day before the notice is given.
If a payability determination for PLP or DAPP is varied, Centrelink must take reasonable steps to notify the person of the variation.
A security notice remains in force until it is revoked.
Annual review of security notice
The Attorney-General must review a security notice within 12 months of it coming into force, and thereafter, within 12 months after the Attorney-General last considered whether to revoke the notice.
Revoking a security notice
The Attorney-General 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 must give a copy of the revocation notice to the Secretary of DHS and the Secretary of DSS. Where a payability determination to pay PLP or DAPP has been varied as a result of the issue of a security notice in relation to a person and the Attorney-General revokes the security notice Centrelink must take reasonable steps to notify the person of the revocation.
Review & appeal of security notices
Any decision made under PPLAct Part 6-1 Division 5 regarding PLP or DAPP 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.
Decisions made in relation to the cancellation of welfare payments, decisions of the Foreign Affairs Minister and the Immigration Minister to cancel or refuse passports and visas (respectively) and decisions of the Attorney-General to issue security notices, may be reviewable under the Administrative Decisions (Judicial Review) Act 1977, Judiciary Act 1903 section 39B or the Constitution section 75(v).
The cancellation or variation of PLP and DAPP payments resulting from a decision by the Attorney-General to issue a security notice is triggered by the cancellation of a visa or the cancellation of, or refusal to issue, an Australian passport. An individual may seek a review of the decision to cancel a visa or the cancellation of, or refusal to issue, a passport. This includes a merits review under the Administrative Appeals Tribunal Act 1975 (AAT Act) of an adverse security assessment made by the Australian Security Intelligence Organisation (ASIO) in support of the decision to cancel a visa or to cancel, or refuse to issue, a passport.
Act reference: PPLAct Part 6-1 Division 5 Loss of PLP or DAPP for persons on security grounds