3.1.17 Security notices
This topic explains the impact of a security notice being issued in relation to a person on security grounds.
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 a security notice, the Minister must consider:
- the extent (if any) to which any social security payments made to the person are being, or may be, used for a purpose that may prejudice the security of Australia or a foreign country, and
- the likely impact of a security notice being issued on any dependants the person has.
In these cases, the Minister for Home Affairs will issue the security notice naming the person in writing to the Minister for Social Services. 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.
Once issued, a security notice remains in force until it is revoked. The Minister for Home Affairs may give the Minister for Social Services a written notice revoking the security notice at any time. The Minister for Social Services must provide a copy of the revocation notice to the Secretary of DSS and the Chief Executive Officer of Services Australia.
Impact of a security notice on a person
If the person named in the security notice is receiving a social security payment and/or holds a concession card, the payment and/or card must be cancelled in accordance with SSAct section 38M on the day the security notice comes into force.
While a security notice remains in force, the person named in the notice is not qualified or payable for a social security payment or a concession card.
If a person’s social security payment and/or concession card is cancelled under SSAct section 38M, the Secretary of DSS (or their delegate) must take reasonable steps to notify the person of the cancellation. Where a person’s payment and/or card has been cancelled and the security notice is later revoked, the Secretary of DSS (or their delegate) must take reasonable steps to notify the person of the revocation.
Review & appeal of security notices
The decision to issue a security notice is made by the Minister for Home Affairs, not an officer under social security law, and is not reviewable under SS(Admin)Act Part 4.
However, the decision to cancel an individual's social security payment or concession card is subject to judicial review under section 39B of the Judiciary Act 1903 or section 75(v) of The Constitution.
Act reference: SSAct Part 1.3B Loss of social security payments and concessions for persons on security grounds