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An authorised officer (1.1.O.10) may under certain circumstances disclose information obtained in the performance of their duties. This includes the Secretary, the Head of a Commonwealth department or authority, or to an authorised person (1.1.P.80) to whom the information relates.
The Secretaries of FaHCSIA and DEEWR generally have the power to delegate authority to disclose information through the FAO and authorised officers within the FAO.
When providing certificates and information, the Secretary must act according to the relevant guidelines made under the FA legislation. These guidelines are determined by the Ministers for FaHCSIA and DEEWR.
Act reference: FA(Admin)Act section 168 Disclosure of information by Secretary, section 169 Guidelines for exercise of Secretary's disclosure powers
The Ministers for FaHCSIA and DEEWR are to determine guidelines for the exercise of the Secretary's power to provide certificates and information for the purposes of section 169 of the Family Assistance (Administration) Act 1999, and may revoke or vary those guidelines.
A determination made under these guidelines is a legislative instrument.
Act reference: FA(Admin)Act section 169 Guidelines for exercise of Secretary's disclosure powers
An officer must make a declaration about the disclosure of information in a form approved by the Minister or the Secretary, if required to do so by the Minister or the Secretary for the purposes of FA law.
Act reference: FA(Admin)Act section 170 Officer's declaration
An officer (1.1.O.10) must not, except for the purposes of the FA law, be required to produce or disclose any document to a court, tribunal, authority or person that has the power to require the production of documents or the answering of questions.
Act reference: FA(Admin)Act section 167 Protection of certain documents etc. from production to court etc., section 166 Offence: offering to supply protected information
Policy reference: FA Guide 5.1.1.10 Power to Obtain Information
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Last reviewed: 30 April 2012
