the matching agency; or

a source agency.

assistance agency means:

the Education Department; or

the Social Services Department; or

the Veterans’ Affairs Department; or

the Human Services Department.

assisted person means a person: to whom personal assistance is being, or has been, given; or who is claiming personal assistance.

to whom personal assistance is being, or has been, given; or

who is claiming personal assistance.

basic data, in relation to a person, means:

the person’s family identity data; or

the person’s income data; or

the person’s TFN data.

Chief Executive Centrelink has the same meaning as in the Human Services (Centrelink) Act 1997.

child includes anyone who is the person’s child for the purposes of any personal assistance or any tax law.

data matching cycle means a cycle the steps in which are set out in section 7.

data matching program means the program referred to in section 6.

declared income means any income, or income of a particular kind, of the person for the purposes of any personal assistance or tax law.

dependant includes anyone who is the person’s dependant for the purposes of any personal assistance or tax law.

Education Department means the Department that is responsible for administering the payments known as child care benefit and child care rebate.

family identity data means any of the following data about the person: surname; any other name; initial of any other name; any former surname; any other former name; the initial of any other former name; where the person is alive, current residential address or addresses and any other current address or addresses; an identification number for the purpose of personal assistance; sex; marital status; date of birth; where the person is dead, date of death; surname, any other name, initial of any other name, address or addresses and date of birth of any living spouse of the person; surname, any other name, initial of any other name, date of birth and date of death of any deceased spouse of the person; surname, any other name, initial of any other name, sex and date of birth of any living child of the person; surname, any other name, initial of any other name, sex, date of birth and date of death of any deceased child of the person; surname, any other name, initial of any other name, address or addresses and date of birth of any living parent of the person; surname, any other name, initial of any other name, last address and date of death of any deceased parent of the person; surname, any other name, initial of any other name, sex and date of birth of any other child of a parent of the person if the child: has not turned 25; and is a dependant of a parent of the person; kind of personal assistance of the person.

surname;

any other name;

initial of any other name;

any former surname;

any other former name;

the initial of any other former name;

where the person is alive, current residential address or addresses and any other current address or addresses;

an identification number for the purpose of personal assistance;

sex;

marital status;

date of birth;

where the person is dead, date of death;

surname, any other name, initial of any other name, address or addresses and date of birth of any living spouse of the person;

surname, any other name, initial of any other name, date of birth and date of death of any deceased spouse of the person;

surname, any other name, initial of any other name, sex and date of birth of any living child of the person;

surname, any other name, initial of any other name, sex, date of birth and date of death of any deceased child of the person;

surname, any other name, initial of any other name, address or addresses and date of birth of any living parent of the person;

surname, any other name, initial of any other name, last address and date of death of any deceased parent of the person;

surname, any other name, initial of any other name, sex and date of birth of any other child of a parent of the person if the child:

has not turned 25; and

is a dependant of a parent of the person;

kind of personal assistance of the person.

Human Services Department means Services Australia.

identification number for the purpose of personal assistance has the meaning given by subsection (2).

income data, in relation to a person, means:

declared income of the person; or

declared income of a spouse of the person; or

declared income of a parent of the person; or

personal assistance data of the person; or

spouse rebate of the person.

matching agency means:

unless a direction under section 3A is in force—the officers of the Social Services Department referred to in subsection 4(1); or

(b) if a direction under Human Services (Centrelink) Act 1997) referred to in subsection 4(2).section 3A is in force—the Departmental employees (within the meaning of the

officer means a person with duties, powers or functions in relation to an Act matters under which are dealt with by the agency.

parent includes anyone who is the person’s parent for the purposes of any personal assistance or any tax law.

person means an individual whether alive or dead.

personal assistance means:

assistance known as any of the following:

assistance under the AUSTUDY Scheme;

assistance under the ABSTUDY Scheme;

(iia) financial supplement under the Student Financial Supplement Scheme constituted by Student Assistance Act 1973;Part 4A of the

assistance under the Assistance for Isolated Children Scheme;

assistance under the Aboriginal Overseas Study Assistance Scheme;

assistance under the Scheme providing living allowances for English as a Second Language;

assistance under the Commonwealth rebate for apprentice full-time training scheme; or

(c) a social security payment within the meaning of the Social Security Act 1991; or

(caa) a seniors health card referred to in subsection 1061ZG(1) of the Social Security Act 1991; or

a payment of financial supplement under:

(i) Chapter 2B of the Social Security Act 1991; or

(ii) the Student Financial Supplement Scheme established under Chapter 2B of the Social Security Act 1991 as in force before the commencement of Schedule 2 to the Youth Allowance Consolidation Act 2000; or

(d) any pension, allowance or other benefit or assistance given under the Veterans’ Entitlements Act 1986; or

(daa) any compensation or other benefit given under the Military Rehabilitation and Compensation Act 2004; or

(dd) family assistance within the meaning of the A New Tax System (Family Assistance) Act 1999; or

(e) an instalment of parental leave pay under the Paid Parental Leave Act 2010;

and means personal assistance given to, or claimed by, the person.

personal assistance data, in relation to a person, means:

the type of the person’s personal assistance; and

the rate or amount of that personal assistance; and

any information regarding overpayments of personal assistance to the person.

personal identity data means any of the following data about the person: surname; first other name; second other name or initial of second other name (if any); current address or addresses; sex; date of birth.

surname;

first other name;

second other name or initial of second other name (if any);

current address or addresses;

sex;

date of birth.

Social Services Department means the Department administered by the Minister administering this Act.

source agency means:

an assistance agency; or

the tax agency.

spouse includes anyone who is: a spouse or a partner of the person for the purposes of any personal assistance; or a spouse of the person for the purposes of any tax law; and marital status has a corresponding meaning.

a spouse or a partner of the person for the purposes of any personal assistance; or

a spouse of the person for the purposes of any tax law;

and marital status has a corresponding meaning.

spouse rebate means the dependent spouse rebate of the person within the meaning of the Tax Act.

Tax Act means the Income Tax Assessment Act 1936 and the Income Tax Assessment Act 1997.

tax agency means the Commissioner of Taxation.

tax data means:

tax family identity data; or

tax income data; or

tax TFN data.

tax family identity data means the family identity data of persons that is held by the tax agency for the purposes of a tax law.

tax file number has the same meaning as in Part VA of the Tax Act.

tax income data means the income data of persons that is held by the tax agency for the purposes of a tax law.

tax law means any law of the Commonwealth relating to taxation.

tax TFN data means the TFN data of persons that is held by the tax agency for the purposes of a tax law.

TFN data, in relation to a person, means:

the person’s tax file number; or

the tax file number of any spouse of the person; or

the tax file number of any parent of the person.

Veterans’ Affairs Department means the Department administered by the Minister administering section 1 of the Military Rehabilitation and Compensation Act 2004.

(a) for the purposes of the definition of family identity data in subsection (1) and any references to family identity data—a number allocated to a person by an assistance agency for the purpose of assistance provided to the person; and

for any other purpose—a number referred to in paragraph (a) as modified by the matching agency.

the Secretary of the Social Services Department delegates to:

the Chief Executive Centrelink; or

(ii) a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997);

all or any of that Secretary’s powers under an Act; and

as a result of the delegation it is not appropriate for that Department to be an assistance agency within the meaning of this Act;

that Secretary may, by legislative instrument, direct that despite subsection 3(1), while the direction remains in force, that Department is not taken to be an assistance agency.

data about persons may be transferred between agencies; and

data about persons may be matched or otherwise dealt with by the matching agency or the tax agency; and

the results of the matching may be given to source agencies;

in accordance with the data matching program made up of data matching cycles the steps in which are set out in section 7.

any time during which the cycle is interrupted by a computer malfunction;

any time during which the cycle is interrupted by industrial action.

in the case of an assistance agency:

inform a person that he or she may be entitled to personal assistance; or

grant a claim for personal assistance; or

cancel or suspend personal assistance being given to a person; or

reject a claim for personal assistance; or

change the rate or amount of personal assistance being given to, or claimed by, a person; or

recover an overpayment of personal assistance; or

correct the personal identity data it holds in relation to personal assistance that is being given to, has been given to, or claimed by, a person; or

in the case of the tax agency:

issue an assessment or an amended assessment of tax; or

correct the personal identity data it holds in relation to a person; or

investigate the possible commission of an offence.

the agency has considered that particular information and made a decision:

to take action allowed by subsection (1) on the basis of that particular information; or

to carry out an investigation of the need to take action allowed by subsection (1) on the basis of that particular information; or

the agency has, by using sampling procedures, identified that particular information as information that will form the basis for the agency:

to take action allowed by subsection (1) on the basis of that particular information; or

to carry out an investigation of the need to take action allowed by subsection (1) on the basis of that particular information.

to cancel or suspend any personal assistance to; or

to reject a claim for personal assistance to; or

to reduce the rate or amount of personal assistance to; or

to recover an overpayment of personal assistance made to;

a person, the agency:

must not take that action unless it had given the person written notice:

giving particulars of the information and the proposed action; and

stating that the person has 28 days from the giving of the notice in which to show cause orally or in writing why the action should not be taken; and

must not take that action until the person has responded orally or in writing to the notice or the 28 days end, whichever occurs first.

if practicable—before the action is taken; or

if not—as soon as practicable after the action has been taken.

must not take that action unless it has given the person written notice:

giving particulars of the information and the proposed action; and

stating that the person has 28 days from the giving of the notice in which to show cause in writing why the action should not be taken; and

must not take that action until the person has responded in writing to the notice or the 28 days end, whichever occurs first.

an assistance agency gives a person notice under subsection (1) of proposed action to cancel or suspend, or reduce the rate or amount, of any personal assistance; and

the person does not show cause why the action should not be taken;

any personal assistance of that kind given, or any personal assistance of that kind given above the reduced rate or amount, as the case may be, to the person during the period specified in subparagraph (1)(e)(ii) is a debt due to the Commonwealth.

the first day on which the rules are no longer subject to disallowance; or

if the rules make provision for their commencement after that day—in accordance with that provision.

must make a report to the Minister about the act or practice; and

must set out in the report the Commissioner’s findings and the reasons for those findings; and

may include in the report any recommendations by the Commissioner for preventing repetition of the act or a continuation of the practice; and

may include in the report any recommendation by the Commissioner for either or both of the following:

the payment of compensation in respect of a person who has suffered loss or damage as a result of the act or practice; or

the taking of other action to remedy or reduce loss or damage suffered by a person as a result of the act or practice; and

must serve a copy of the report on the matching agency, any source agency concerned in the act or practice and the Minister responsible for such a source agency; and

may serve a copy of the report on any person affected by the act or practice.

incorporates the earlier report and any background information that the Commissioner has received from an agency in response to the earlier report; and

states whether, to the knowledge of the Commissioner, any action has been taken as a result of the findings and recommendations (if any) set out in the earlier report, and if so, the nature of that action; and

states why the Commissioner is not satisfied that reasonable steps have been taken to prevent a repetition of the act or a continuation of the practice;

and, where the second report relates to an agency other than an agency administered by the Minister, must give a copy of the report to the Minister responsible for the agency.

in the course of carrying out functions or duties under this Act; or

with the consent of the person to whom the information relates.

an officer of a source agency has information because of Step 1, 4 or 6 in a data matching cycle; and

there is a law that relates to the recording or disclosure by the officer of information obtained by the officer (however the law is expressed);

that law applies to the information referred to in paragraph (a).