SS(Admin)Act s208. Disclosure of information by Secretary

SS(Admin)Act Contents Title Page Part 1 - Preliminary Part 2 - General administration of social security law Part 3 - Provision of benefits Part 3A - Nominees Part 3B - Income management regime Part 4 - Review of decisions Part 5 - Information management Part 6 - Offences Part 7 - Miscellaneous Part 8 - Transitional and saving provisions Schedules NOTES Table of Amendments Section Index Definition Index

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208. Disclosure of information by Secretary

208.(1) Despite sections 204 and 207, the Secretary may:

(a): if the Secretary certifies that it is necessary in the public interest to do so in a particular case or class of cases–disclose information acquired by an officer in the performance of his or her functions or duties or in the exercise of his or her powers under the social security law or the Farm Household Support Act 1992 to such persons and for such purposes as the Secretary determines; or

(b): disclose any such information:

(i): to the Secretary of a Department of State of the Commonwealth or to the head of an authority of the Commonwealth for the purposes of that Department or authority; or

(ii): to a person who is expressly or impliedly authorised by the person to whom the information relates to obtain it; or

(iii): to a competent authority or competent institution of a foreign country that is a party to a scheduled international social security agreement for any purpose relating to giving effect to that agreement.

History

S.208(1)(a) amended by Act No. 45, 2000, by s.3, at Schedule 1(49);

208.(2) In giving certificates for the purposes of paragraph (1)(a), the Secretary must act in accordance with guidelines from time to time in force under section 209.

208.(3) In disclosing information under subparagraph (1)(b)(i), the Secretary must act in accordance with guidelines from time to time in force under section 209.

208.(3A) In spite of any other provision of this Part, the Secretary may disclose information of a kind referred to in paragraph (a) or (b) of the definition of protected information in subsection 23(1) of the 1991 Act to a person who is the payment nominee or correspondence nominee, within the meaning of Part 3A, of the person to whom the information relates (the principal) as if the nominee were the principal.

History

S.208(3A) inserted by Act No. 95 of 2002 by s.3, Schedule 1(10);

208.(4) If an expression used in subsection (1) in relation to a foreign country is defined in a scheduled international social security agreement to which that country is a party, the expression has the same meaning, when used in this section, in relation to that country as it has in the agreement.

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