Explanatory Memorandum
(Circulated by the authority of the Treasurer,the Hon. John Dawkins M.P.)CHAPTER 8
THE CHILD SUPPORT ASSESSMENT ACT 1989
SECRECY
Extends the grounds where the Registrar may disclose information and extends the coverage of the Act to persons who obtain information under the Act
THE CHILD SUPPORT (ASSESSMENT) ACT 1989
PART 8-ADMINISTRATION
SECRECY
Summary of proposed amendments
8.1 The proposed amendment seeks to extend the range of persons to whom the Registrar may disclose information obtained in the course of the administration of the Act and to ensure all those persons who obtain information are themselves bound by the secrecy provisions.
8.2 The administration of the child support legislation can be in some cases a very difficult and traumatic experience for staff. There have now been a number of instances where threats have been made against the lives of staff and frequently against clients of the Agency.
8.3 Some threats have been serious and capable of being carried out by the perpetrator. The Agency believes that they should be able to report such cases to a law enforcement officer. Under the present law such releases cannot be made; to do so would have the staff member in breach of the law. A report should be capable of being made if for no other reason on the grounds that if the threat was actually carried out, the officer and the Agency would be placed in an intolerable position. They were aware of the threat but were unable to report the matter and an offence is committed.
8.4 Section 150 needs to be amended for these reasons. All persons who obtain information under the Act are to be included as persons to whom the section applies. This would appear to be an omission, as far as Attorney General's officers are concerned, from the present section.
Explanation of the proposed amendment
8.5 Section 150 is amended by inserting in sub section (1) the definition of law enforcement officer [Clause 29(a)]and by extending the definition of "person to whom this section applies" [Clause 29(b)] . Subsection (3) has a new part (e) added allowing a report to be made to a law enforcement officer if there is reason to suspect that the threat may afford evidence that an offence has been or may be committed [Clause 29(c)]. The information when received by the law enforcement officer can only be used in the course of prevention, investigation or prosecution and not for any other purpose. The information, although communicated for this specific purpose, is deemed to be for the purposes of this Act [Clause 29(d)]. There are also two small grammatical simplifications to the wording of the section [Clauses 29(e) and (f)].
8.6 The amendment will apply from the date the Royal Assent is given to the Child Support Legislation Amendment Bill No.2 1992.
Clauses involved in the proposed amendment
Clause 2 proposes that this provision in the Act proposed by the Bill will commence on the date the Royal Assent is given.
Clauses 29(a) and 29(b) amends section 150(1) to include the definition of a law enforcement officer and amends the definition of "person to whom this section applies".
Clause 29(c) amends subsection 150(3) by inserting a new subsection (e).
Clause 29(d) inserts a new subsection (5A) to ensure that information supplied to officers of the Attorney General's Department and to a law enforcement officer under the Act is protected information for the purposes of this Act.
Clauses 29(e) and (f) tidy up the grammar.