Commonwealth of Australia Explanatory Memoranda

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SOCIAL SECURITY (ADMINISTRATION) AMENDMENT (CONTINUATION OF CASHLESS WELFARE) BILL 2020

                                  2019-2020




               THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA






                                 THE SENATE








                 SOCIAL SECURITY (ADMINISTRATION) AMENDMENT
                (CONTINUATION OF CASHLESS WELFARE) BILL 2020






                   ADDENDUM TO THE EXPLANATORY MEMORANDUM


















                     (Circulated by the authority of the
   Minister for Families and Social Services, Senator the Hon Anne Ruston)
                 SOCIAL SECURITY (ADMINISTRATION) AMENDMENT
                (CONTINUATION OF CASHLESS WELFARE) BILL 2020

This addendum responds to concerns raised by the Senate  Standing  Committee
for the Scrutiny of Bills in Scrutiny Digest 17 of  2020,  dated  2 December
2020.

Item 32 - Subsection 124PHA(3)

On  page  9,  immediately  before   the   paragraph   starting   with   'New
subsection 124PHA(3A)', insert:

      The power to revoke the CDC wellbeing exemption  is  provided  to  the
      Secretary and  not  to  State  or  Territory  officers  or  employees.
      However, the categories of State or Territory  officers  or  employees
      who may make such a request is not limited so as to  ensure  that  all
      qualified persons deemed appropriate to request a reconsideration  are
      able to do so.  Limiting the category of persons may cause  unintended
      consequences that a report on the safety or wellbeing of a participant
      cannot be made.  It recognises that where a state or territory officer
      or employee makes an assessment that not being on the CDC  presents  a
      risk to the person, or their  dependant,  it  is  important  that  the
      Secretary can consider this information in assessing whether  being  a
      program participant poses a serious risk to the person.

Item 93 - At the end of Division 4 of Part 3D

On page 22,  immediately  before  the  paragraph  starting  with  "Items  94
and 95", insert:

      The information to be shared  under  the  new  sections  is  protected
      information for the purposes of the Act and relates  to  participation
      in, and exit from, the CDC.  The information that may be disclosed  is
      limited in scope according to the body involved.  For example, section
      124POA specifies that the Secretary may only disclose  to  a  relevant
      community body the fact that the person has ceased to be a participant
      or a voluntary  participant,  the  day  the  person  ceased  to  be  a
      participant  and  the  fact  that  participation  ceased  due   to   a
      determination  under  subsection  124PHA(l)  or 124PHB(3).    In other
      contexts,  the  information  required  will  be  material  to  whether
      a person is a participant and may relate, for example, to the person's
      place of residence.


      Commonwealth agencies administering social security law are subject to
      a  range  of  legal  obligations  relating  to  privacy,   which   are
      supplemented by policies and practices  to  ensure  that  individual's
      privacy is protected in relation to protected  (personal)  information
      obtained under the Act.  Personal information collected in  connection
      with the CDC is held securely and is not disclosed otherwise than  for
      the administration  of  Part  3D  of  the  Act  or in connection  with
      possible breaches of the law.


      Importantly, the Act contains  confidentiality  provisions,  including
      offence  provisions,  to ensure  that   participant   information   is
      stringently protected.  Protected information can only be disclosed in
      specified circumstances.  Division 3 of Part 5 of the  Act  creates  a
      series  of strict  liability  offences,  which  are  punishable,  upon
      conviction, by a term of imprisonment not exceeding two years.
       
      In addition, the Privacy Act 1988  applies  to  the  collection,  use,
      storage and disclosure of personal information  by  relevant  agencies
      and certain other entities.
       
      People with access to protected data will:
         . be required to comply with, among other things,  the  Australian
           Public  Service  Code  of  Conduct  and  Conflict  of   Interest
           Disclosure policy;
         . hold a Australian Government Security  Vetting  Agency  Baseline
           Security Clearance as a minimum;
         . be trained in handling protected Information before given access
           to protected information; and
         . be appropriately supervised.

Item 96 - Paragraph 192(db)

On page 23, immediately  before  the  paragraph  starting  with  "Item  97",
insert:

      Information that may be obtained pursuant to section 192  of  the  Act
      includes participant residential addresses, payment types  and  mental
      and   social   wellbeing.    This   information   will   support   the
      administration  of  the  program,  such  as  the   identification   of
      participants and  the  management  of  wellbeing  exemption  and  exit
      processes.