Human Services (Centrelink) Act 1997

No. 31, 1997

Compilation No. 11

Compilation date:    1 July 2016

Includes amendments up to: Act No. 139, 2015

Registered:    14 July 2016

This compilation includes commenced amendments made by Act No. 59, 2015

About this compilation

This compilation

This is a compilation of the Human Services (Centrelink) Act 1997 that shows the text of the law as amended and in force on 1 July 2016 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Preliminary

1 Short title

2 Commencement

3 Definitions

4 Act binds the Crown

5 External Territories

Part 3—Chief Executive Centrelink

7 Chief Executive Centrelink

7A Acting Chief Executive Centrelink

8 Functions of Chief Executive Centrelink

8A Chief Executive Centrelink’s service delivery functions

8B Agreements about performance of Chief Executive Centrelink’s functions

12 Delegation

13 Commonwealth consent to conferral of powers etc. on Chief Executive Centrelink by State and Territory laws

14 How duty is imposed on Chief Executive Centrelink by State and Territory laws

15 When State and Territory laws impose a duty on Chief Executive Centrelink

16 Chief Executive Centrelink may be assisted by Departmental employees

Part 5—Miscellaneous

38 Use of protected names and symbols

39 Chief Executive Centrelink may charge for services

40 Centrelink programs

40A Multiple secrecy provisions

41 Regulations

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

An Act relating to the provision of certain services, and for other purposes

Part 1—Preliminary

1  Short title

  This Act may be cited as the Human Services (Centrelink) Act 1997.

2  Commencement

  This Act commences on 1 July 1997.

3  Definitions

  In this Act, unless the contrary intention appears:

Australia, when used in a geographical sense, includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.

benefit includes:

 (a) a pension, allowance, concession or payment; and

 (b) a card entitling its holder to a concession or a payment of any kind.

centrelink program has the meaning given by section 40.

Chief Executive Centrelink means the Chief Executive Centrelink referred to in section 7.

Chief Executive Medicare has the same meaning as in the Human Services (Medicare) Act 1973.

Departmental employee means an APS employee in the Department.

Note: APS employee is defined in the Acts Interpretation Act 1901.

enactment means:

 (a) an Act; or

 (b) an instrument (including rules, regulations and by‑laws) made under an Act.

function includes power.

medicare program has the same meaning as in the Human Services (Medicare) Act 1973.

perform includes exercise.

Secretary means the Secretary of the Department.

service delivery functions, in relation to the Chief Executive Centrelink, has the meaning given by section 8A.

4  Act binds the Crown

 (1) This Act binds the Crown in each of its capacities.

 (2) This Act does not make the Crown liable to be prosecuted for an offence.

5  External Territories

  This Act extends to Norfolk Island, to the Territory of Cocos (Keeling) Islands and to the Territory of Christmas Island.

Part 3—Chief Executive Centrelink

7  Chief Executive Centrelink

 (1) There is to be a Chief Executive Centrelink.

 (2) The Chief Executive Centrelink is to be a person who is:

 (a) an SES employee in the Department; and

 (b) specified in a written instrument made by the Secretary.

 (3) A person must not be specified in an instrument under paragraph (2)(b) if the person is, or is acting as:

 (a) the Chief Executive Medicare; or

 (b) the Child Support Registrar.

 (4) An instrument under paragraph (2)(b) is not a legislative instrument.

7A  Acting Chief Executive Centrelink

 (1) The Secretary may appoint an SES employee in the Department to act as the Chief Executive Centrelink:

 (a) during a vacancy in the position of Chief Executive Centrelink (whether or not an appointment has previously been made to the position); or

 (b) during any period, or during all periods, when the Chief Executive Centrelink:

 (i) is absent from duty or from Australia; or

 (ii) is, for any reason, unable to perform the duties of the position.

Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.

 (2) A person must not be appointed under subsection (1) if the person is, or is acting as:

 (a) the Chief Executive Medicare; or

 (b) the Child Support Registrar.

8  Functions of Chief Executive Centrelink

Functions—general

 (1) The Chief Executive Centrelink has the following functions:

 (a) the service delivery functions mentioned in section 8A;

 (b) any functions conferred on the Chief Executive Centrelink under any other Act;

 (ba) any functions that are prescribed by the regulations;

 (d) doing anything incidental, conducive or related to the performance of any of his or her other functions.

Parallel function

 (3) A function prescribed by regulations made for the purposes of paragraph (1)(ba) may be a specified function that another person (the primary person) has under a law of the Commonwealth.

 (4) When the specified function is performed by the Chief Executive Centrelink, the function is, for the purposes of that or any other law of the Commonwealth, taken to have been performed by the primary person.

 (5) The performance of the specified function by the Chief Executive Centrelink does not prevent the performance of the function under the law of the Commonwealth by the primary person.

 (6) For the purposes of subsection (3), it is immaterial whether the specified function is a function that can be delegated.

 (7) For the purposes of subsection (3), it is immaterial whether the specified function is a function under a law administered by the Minister.

 (8) Subsection (3) does not limit paragraph (1)(ba).

 (9) Subsections (6) and (7) are enacted for the avoidance of doubt.

Function of acting on behalf of another person

 (10) A function prescribed by regulations made for the purposes of paragraph (1)(ba) may be a function of acting on behalf of another person (the primary person) in the performance of a function that the primary person may perform, whether under a law of the Commonwealth or otherwise.

 (11) For the purposes of subsection (10), it is immaterial whether a function that the primary person may perform is a function that can be delegated.

 (12) For the purposes of subsection (10), it is immaterial whether a function that the primary person may perform under a law of the Commonwealth is a function under a law administered by the Minister.

 (13) For the purposes of subsection (10), it is immaterial whether a function that the primary person may perform otherwise than under a law of the Commonwealth is a function that is within the responsibilities of the Minister.

 (14) Subsection (10) does not limit paragraph (1)(ba).

 (15) Subsections (10) to (14) are enacted for the avoidance of doubt.

8A  Chief Executive Centrelink’s service delivery functions

  The Chief Executive Centrelink’s service delivery functions are as follows:

 (a) to provide services, benefits, programs or facilities that are provided for by the Commonwealth for a purpose for which the Parliament has the power to make laws;

 (b) to provide services, benefits, programs or facilities that are provided for by a person other than the Commonwealth for a purpose for which the Parliament has the power to make laws.

8B  Agreements about performance of Chief Executive Centrelink’s functions

  The Secretary of the Department may enter into a written agreement with the Secretary of another Department about the performance of any of the Chief Executive Centrelink’s functions.

12  Delegation

 (1) The Chief Executive Centrelink may, by writing, delegate to a Departmental employee all or any of the functions of the Chief Executive Centrelink under this Act or any other Act.

 (1A) For the purposes of subsection (1), it is immaterial whether a function of the Chief Executive Centrelink is a function of the kind mentioned in subsection 8(3) or (10).

 (2) However, the Chief Executive Centrelink must not delegate functions conferred on him or her under another Act if the delegation is inconsistent with the express provisions of that Act.

 (3) The Chief Executive Centrelink may, by writing, delegate to a Departmental employee all or any of the functions delegated to the Chief Executive Centrelink under another Act.

 (4) However, the Chief Executive Centrelink must not delegate functions delegated to him or her under another Act if the delegation by the Chief Executive Centrelink would be inconsistent with the express provisions of that Act.

 (5) The Chief Executive Centrelink must not delegate functions under subsection (1) or (3) to a Departmental employee who is, or is acting as:

 (a) the Chief Executive Medicare; or

 (b) the Child Support Registrar.

13  Commonwealth consent to conferral of powers etc. on Chief Executive Centrelink by State and Territory laws

 (1) A law of a State or Territory may confer powers or functions, or impose duties, on the Chief Executive Centrelink.

Note: Section 15 sets out when such a law imposes a duty on the Chief Executive Centrelink.

 (2) Subsection (1) does not authorise the conferral of a power or function, or the imposition of a duty, by a law of a State or Territory to the extent to which:

 (a) the conferral or imposition, or the authorisation, would contravene any constitutional doctrines restricting the duties that may be imposed on the Chief Executive Centrelink; or

 (b) the authorisation would otherwise exceed the legislative power of the Commonwealth.

 (3) The Chief Executive Centrelink cannot exercise a power, or perform a duty or function, under a law of a State or Territory without the written approval of the Minister.

14  How duty is imposed on Chief Executive Centrelink by State and Territory laws

Application

 (1) This section applies if a law of a State or Territory purports to impose a duty on the Chief Executive Centrelink.

Note: Section 15 sets out when such a law imposes a duty on the Chief Executive Centrelink.

State or Territory legislative power sufficient to support duty

 (2) The duty is taken not to be imposed by this Act (or any other law of the Commonwealth) to the extent to which:

 (a) imposing the duty is within the legislative powers of the State or Territory concerned; and

 (b) imposing the duty by the law of the State or Territory is consistent with the constitutional doctrines restricting the duties that may be imposed on the Chief Executive Centrelink.

Note: If this subsection applies, the duty will be taken to be imposed by force of the law of the State or Territory (the Commonwealth having consented under section 13 to the imposition of the duty by that law).

Commonwealth legislative power sufficient to support duty but State or Territory legislative powers are not

 (3) If, to ensure the validity of the purported imposition of the duty, it is necessary that the duty be imposed by a law of the Commonwealth (rather than by the law of the State or Territory), the duty is taken to be imposed by this Act to the extent necessary to ensure that validity.

 (4) If, because of subsection (3), this Act is taken to impose the duty, it is the intention of the Parliament to rely on all powers available to it under the Constitution to support the imposition of the duty by this Act.

 (5) The duty is taken to be imposed by this Act in accordance with subsection (3) only to the extent to which imposing the duty:

 (a) is within the legislative powers of the Commonwealth; and

 (b) is consistent with the constitutional doctrines restricting the duties that may be imposed on the Chief Executive Centrelink.

 (6) Subsections (1) to (5) do not limit section 13.

15  When State and Territory laws impose a duty on Chief Executive Centrelink

  For the purposes of sections 13 and 14, a law of a State or Territory imposes a duty on the Chief Executive Centrelink if:

 (a) the law confers a power or function on the Chief Executive Centrelink; and

 (b) the circumstances in which the power or function is conferred give rise to an obligation on the Chief Executive Centrelink to exercise the power or to perform the function.

16  Chief Executive Centrelink may be assisted by Departmental employees

  A Departmental employee may assist the Chief Executive Centrelink in the performance of any of the functions of the Chief Executive Centrelink.

Part 5—Miscellaneous

38  Use of protected names and symbols

 (1) A person must not, without the Secretary’s written consent:

 (a) use in relation to a business, trade, profession or occupation; or

 (b) use as the name, or as part of the name, of any firm, body corporate, institution, premises, vehicle, ship, aircraft or other craft; or

 (c) apply, as a trade mark or otherwise, to goods imported, manufactured, produced, sold, offered for sale or let for hire; or

 (d) use in relation to:

 (i) goods or services; or

 (ii) the promotion, by any means, of the supply or use of goods or services:

either:

 (e) a protected name, or a name so closely resembling a protected name as to be likely to be mistaken for it; or

 (f) a protected symbol, or a symbol so closely resembling a protected symbol as to be likely to be mistaken for it.

Penalty: 30 penalty units.

 (1A) Subsection (1) is an offence of strict liability.

 (2) Subsection (1), so far as it applies in relation to a particular protected name or a protected symbol, does not affect rights conferred by law on a person in relation to:

 (a) a trade mark that is a registered trade mark for the purposes of the Trade Marks Act 1995; or

 (b) a design registered under the Designs Act 2003;

that was so registered, or was registered under the Designs Act 1906, at the protection time in relation to the name or symbol.

 (3) This section, so far as it applies in relation to a particular protected name or a protected symbol, does not affect the use, or rights conferred by law relating to the use, of a name or symbol (the relevant name or symbol) by a person in a particular manner if, at the protection time in relation to the protected name or protected symbol, the person:

 (a) was using the relevant name or symbol in good faith in that manner; or

 (b) would have been entitled to prevent another person from passing off, by means of the use of the relevant name or symbol or a similar name or symbol, goods or services as the goods or services of the first‑mentioned person.

 (4) In this section:

protected name means any of the following names:

 (a) “Commonwealth Services Delivery Agency”;

 (b) such other names as are prescribed.

protected symbol means:

 (a) a symbol:

 (i) that is used, or for use, in connection with the performance of any or all of the functions of the Chief Executive Centrelink; and

 (ii) the design of which is set out in the regulations; or

 (b) a symbol:

 (i) that is used, or for use, in connection with one or more services, benefits, programs or facilities, where Departmental employees are involved in the provision of those services, benefits, programs or facilities; and

 (ii) the design of which is set out in the regulations.

protection time means:

 (a) in relation to the name “Commonwealth Services Delivery Agency”—the time immediately before the commencement of this Act; or

 (b) in relation to any other name—the time immediately before the commencement of the regulation prescribing the name; or

 (c) in relation to a protected symbol—the time immediately before the commencement of the regulation setting out the design of the symbol.

 (5) To avoid doubt, a name may be prescribed by regulations made for the purposes of paragraph (b) of the definition of protected name in subsection (4) even if the name is not used, or for use, in connection with the performance of any or all of the functions of the Chief Executive Centrelink.

 (6) To avoid doubt, the design of a symbol may be set out in regulations made for the purposes of subparagraph (b)(ii) of the definition of protected symbol in subsection (4) even if the symbol is not used, or for use, in connection with the performance of any or all of the functions of the Chief Executive Centrelink.

 (7) For the purposes of subparagraph (b)(i) of the definition of protected symbol in subsection (4), a person is taken to be involved in the provision of services, benefits, programs or facilities if the person’s duties include:

 (a) making payments in connection with the services, benefits, programs or facilities; or

 (b) making decisions in connection with the services, benefits, programs or facilities; or

 (c) collecting information in connection with the services, benefits, programs or facilities; or

 (d) providing information about the services, benefits, programs or facilities.

39  Chief Executive Centrelink may charge for services

  The Chief Executive Centrelink may charge fees for services he or she provides in connection with the performance of his or her functions.

40  Centrelink programs

 (1) For the purposes of a law of the Commonwealth, the following are centrelink programs:

 (a) services, benefits, programs or facilities, where:

 (i) the Chief Executive Centrelink is; or

 (ii) Departmental employees are;

  involved in the provision of the services, benefits, programs or facilities; or

 (b) services, benefits, programs or facilities specified in a legislative instrument made by the Minister for the purposes of this paragraph.

 (2) However, the following are not centrelink programs:

 (a) medicare programs;

 (b) services, benefits, programs or facilities that are provided for under:

 (i) the Child Support (Assessment) Act 1989; or

 (ii) the Child Support (Registration and Collection) Act 1988; or

 (c) services, benefits, programs or facilities that are specified in a legislative instrument made by the Minister for the purposes of this paragraph.

 (3) For the purposes of paragraph (1)(a), a person is taken to be involved in the provision of services, benefits, programs or facilities if the person’s duties include:

 (a) making payments in connection with the services, benefits, programs or facilities; or

 (b) making decisions in connection with the services, benefits, programs or facilities; or

 (c) collecting information in connection with the services, benefits, programs or facilities; or

 (d) providing information about the services, benefits, programs or facilities.

40A  Multiple secrecy provisions

Scope

 (1) This section applies to particular information if:

 (a) the information is subject to a regulatory regime under a designated program Act (the first program Act); and

 (b) the information is also subject to a regulatory regime under another designated program Act (the second program Act).

For the purposes of this subsection, in determining whether particular information is subject to a regulatory regime under a designated program Act, disregard whether the information is subject to a regulatory regime under any other designated program Act.

Disclosure or use of information etc.

 (2) If:

 (a) the Secretary, the Chief Executive Centrelink or a Departmental employee:

 (i) discloses the information; or

 (ii) uses the information; or

 (iii) makes a record of the information; and

 (b) the Secretary, the Chief Executive Centrelink or the Departmental employee, as the case may be, does so without contravening the first program Act;

the disclosure, use, or making of the record, as the case may be, does not contravene the second program Act.

Definitions

 (3) In this section:

designated program Act means:

 (a) the A New Tax System (Family Assistance) (Administration) Act 1999; or

 (b) the Aged Care Act 1997; or

 (ba) the Australian Immunisation Register Act 2015; or

 (c) the Child Support (Assessment) Act 1989; or

 (d) the Child Support (Registration and Collection) Act 1988; or

 (e) the Dental Benefits Act 2008; or

 (f) the Disability Services Act 1986; or

 (g) the Health Insurance Act 1973; or

 (h) the Medical Indemnity Act 2002; or

 (i) the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010; or

 (j) the National Health Act 1953; or

 (k) the Paid Parental Leave Act 2010; or

 (l) the Private Health Insurance Act 2007; or

 (m) the Social Security (Administration) Act 1999; or

 (n) the Student Assistance Act 1973; or

 (o) an Act specified in a legislative instrument made by the Minister for the purposes of this paragraph.

disclose means disclose, divulge or communicate.

41  Regulations

  The Governor‑General may make regulations prescribing matters:

 (a) required or permitted by this Act to be prescribed; or

 (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history