5.1.1.10 Power to Obtain Information

Introduction

An authorised officer (1.1.O.10) may request a person (1.1.P.80) to provide information or documents, which may be required to:

• establish whether an applicant (1.1.A.72) is eligible to be paid FA, or
• calculate the rate to be paid, or
• establish whether a recipient or any other person to whom FA was paid was entitled to the payment.

Example: Information required may include:

• name and DOB,
• address,
• income details,
• evidence of child's attendance at, or completion of, courses of study,
• evidence relating to the child's capacity for study, or
• evidence of the child's educational qualifications.

Act reference: FA(Admin)Act section 7 How to claim, section 154 General power to obtain information

Written notice to request information

A request for information must be by a written notice, which may be given:

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

The written notice must specify the following:

• how the person is to provide the information or document,
• when the person is to give the information,
• the contact officer, and
• the time and the place where the information is to be provided.

The date for providing information must not be less than 14 days after the notice is given.

Explanation: Providing a written notice to the applicant/recipient enables the FAO and the applicant/recipient to retain and keep records. It also enables the FAO to make allowances for recipients who reside in remote areas and those whose employment may take them away from their normal address for extended periods such as truck drivers, oil rig workers or carnival employees.

Act reference: FA(Admin)Act section 154 General power to obtain information, section 158 Written notice of requirement

Obtaining information from third parties

An authorised officer may require third parties to give information to the FAO about recipients of FA payments. This is to detect cases in which FA was paid to people who were not entitled to the payment and/or to verify the eligibility of people who have made claims for FA.

Explanation: The Commonwealth has an obligation to prevent people who are not eligible for payment from receiving FA payments. To help with this process the FAO may require information from other sources such as the ATO and other Australian and overseas government departments, banks and financial institutions in order to determine an individual's entitlement to a payment. The FAO is limited in the type of information they may request to verify and validate claims.

Act reference: FA(Admin)Act section 157 Obtaining information to verify claims etc, section 76 Data-matching Program (Assistance & Tax) Act debts

Instalment statement requirements - CCB conditional eligibility

When an approved child care service (1.1.A.90), or one of its clients, is conditionally eligible for CCB by instalment to the service, the service must provide the FAO with instalment statement details in the next instalment period. Failure to do so can result in a fine being imposed. The specific information required can be found in the referenced sections of the Family Assistance Act 1999.

Act reference: FAAct section 42 When an individual is conditionally eligible for CCB by fee reduction for care provided by an approved child care service, section 47 When an approved child care service is eligible for CCB by fee reduction for care provided to a child at risk

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Last reviewed: 4 January 2010