Dana Wortley (SA, Australian Labor Party) Share this | Hansard source

On behalf of the Senate Standing Committee on Regulations and Ordinances, I give notice that, 15 sitting days after today, I shall move:

(1)

That the Family Assistance (Public Interest Certificate Guidelines) (FaHCSIA) Determination 2008, made under subparagraph 169(1)(a)(i) and paragraph 169(1)(b) of the A New Tax System (Family Assistance) (Administration) Act 1999, be disallowed.

(2)

That the Social Security (Public Interest Certificate Guidelines) (FaHCSIA) Determination 2008, made under subparagraph 209(a)(i) and paragraph 209(b) of the Social Security (Administration) Act 1999, be disallowed.

I seek leave to incorporate in Hansard a short summary of the matter raised by the committee.

Leave granted.

The document read as follows—

Family Assistance (Public Interest Certificate Guidelines) (FaHCSIA) Determination 2008 and the Social Security (Public Interest Certificate Guidelines) (FaHCSIA) Determination 2008

The Determinations specify guidelines for the exercise of the power of the Secretary to the Department of Families, Housing, Community Services and Indigenous Affairs to disclose information in the public interest.

Section 11 in each Determinations permit relevant information to be disclosed if it is necessary to brief a Minister in relation to issues that are, or will be, raised publicly by the person to whom the relevant information relates, so that the Minister can correct, amongst other things, ‘an incorrectly held opinion’. The Committee sought clarification on the intended meaning of this term. The Minister advised that the provision ‘an incorrectly held opinion’ is intended to refer to the situation where opinions are formed on the basis of incorrect information. Given this explanation, the Committee has written to the Minister seeking an amendment to the Guidelines to make this clear by referring to ‘opinions formed on the basis of incorrect information’ rather than ‘incorrectly held opinions’.