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Human Services (Centrelink) Regulations 2011

Authoritative Version
SLI 2011 No. 121 Regulations as amended, taking into account amendments up to Human Services (Centrelink) Amendment (Protected Symbols) Regulation 2016
Administered by: Services Australia
Registered 13 Oct 2016
Start Date 05 Oct 2016

Human Services (Centrelink) Regulations 2011

Select Legislative Instrument No. 121, 2011

made under the

Commonwealth Services Delivery Agency Act 1997

Compilation No. 1

Compilation date:                              5 October 2016

Includes amendments up to:            F2016L01578

Registered:                                         13 October 2016

 

About this compilation

This compilation

This is a compilation of the Human Services (Centrelink) Regulations 2011 that shows the text of the law as amended and in force on 5 October 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

1............ Name of Regulations........................................................................... 1

4............ Definitions.......................................................................................... 1

5............ Person affected by an emergency........................................................ 1

6............ Protected names.................................................................................. 2

7............ Protected symbols............................................................................... 2

Part 2—Prescribed functions of the Chief Executive Centrelink            4

8............ Prescribed functions............................................................................ 4

9............ Delegated functions............................................................................. 4

10.......... Functions related to provision of emergency services......................... 4

11.......... Function of providing specified services............................................. 5

Schedule 1—Specified services                                                                         7

Endnotes                                                                                                                                      8

Endnote 1—About the endnotes                                                                              8

Endnote 2—Abbreviation key                                                                                  9

Endnote 3—Legislation history                                                                             10

Endnote 4—Amendment history                                                                           11

 


Part 1Preliminary

  

1  Name of Regulations

                   These Regulations are the Human Services (Centrelink) Regulations 2011.

4  Definitions

                   In these Regulations:

Act means the Human Services (Centrelink) Act 1997.

Commonwealth body means:

                     (a)  an Agency within the meaning of section 5 of the Financial Management and Accountability Act 1997; or

                     (b)  a Commonwealth authority within the meaning of section 7 of the Commonwealth Authorities and Companies Act 1997; or

                     (c)  a Commonwealth company within the meaning of section 34 of the Commonwealth Authorities and Companies Act 1997.

emergency means an emergency or disaster that occurs in Australia, or that affects one or more Australian citizens or permanent residents, and includes:

                     (a)  an emergency or disaster that has been the subject of a declaration under section 80J or 80K of the Privacy Act 1988; or

                     (b)  any circumstance in relation to which the Australian Government has decided that a program of special assistance involving the provision of a service, benefit, program or facility is to be implemented.

Examples

1   A natural disaster.

2   A terrorist act.

person affected by an emergency has a meaning affected by regulation 5.

personal information has the meaning given by subsection 6 (1) of the Privacy Act 1988.

State or Territory body means:

                     (a)  a State or Territory Minister; or

                     (b)  a Department of a State or Territory; or

                     (c)  a body (whether incorporated or not) established for a public purpose under a law of a State or Territory.

5  Person affected by an emergency

                   In these Regulations, a reference to a person affected by an emergency includes:

                     (a)  a person who is indirectly affected by the emergency; and

                     (b)  an individual who has a family member who is directly or indirectly affected by the emergency; and

                     (c)  an unincorporated organisation that is directly or indirectly affected by an emergency.

6  Protected names

                   For paragraph (b) of the definition of protected name in subsection 38 (4) of the Act, the following names are prescribed:

                     (a)  Centrelink;

                     (b)  CRS Australia;

                     (c)  myGov.

7  Protected symbols

             (1)  The following design is a protected symbol for subparagraphs (a) (ii) and (b) (ii) of the definition of protected symbol in subsection 38 (4) of the Act.

Centrelink logo

             (2)  The following design is a protected symbol for subparagraphs (a) (ii) and (b) (ii) of the definition of protected symbol in subsection 38 (4) of the Act.

             (3)  The following design is a protected symbol for subparagraphs (a)(ii) and (b)(ii) of the definition of protected symbol in subsection 38(4) of the Act.

             (4)  The following design is a protected symbol for subparagraphs (a)(ii) and (b)(ii) of the definition of protected symbol in subsection 38(4) of the Act.

myGov_logo with folders_colour.png

Part 2Prescribed functions of the Chief Executive Centrelink

  

8  Prescribed functions

                   For paragraph 8 (1) (ba) of the Act, this Part prescribes functions of the Chief Executive Centrelink.

9  Delegated functions

             (1)  A prescribed function is to perform functions delegated to the Chief Executive Centrelink under:

                     (a)  a law of the Commonwealth; or

                     (b)  a law of a State or Territory.

             (2)  Paragraph (1) (b) applies only if the Chief Executive Centrelink is allowed by sections 13 and 14 of the Act to perform the function.

10  Functions related to provision of emergency services

             (1)  The following are prescribed functions:

                     (a)  providing a service, benefit, program or facility to a person affected by an emergency (an emergency service);

                     (b)  participating in disaster policy and planning activities, including activities undertaken by disaster policy and planning committees.

             (2)  Without limiting subregulation (1), the Chief Executive Centrelink may perform the functions for, or under an arrangement with, a State or Territory body.

             (3)  The function mentioned in paragraph (1) (a) includes the following:

                     (a)  establishing and maintaining a register of persons affected by the emergency;

                     (b)  receiving, processing, investigating, deciding and paying claims for assistance;

                     (c)  operating a telephone enquiry line;

                     (d)  providing call centre assistance;

                     (e)  making arrangements for health assessments and other assistance in relation to health care;

                      (f)  referring a person to another organisation if the person requires assistance provided by that organisation;

                     (g)  working with, and providing information to, other government and non‑government bodies in relation to the provision of assistance;

                     (h)  providing information to a State or Territory body about a person affected by the emergency that will assist the State or Territory body to provide a payment, benefit or other assistance to the person;

                      (i)  undertaking action (including starting legal proceedings) to recover payments that should not have been made;

                      (j)  disclosing statistical information (including de‑identified information from the register mentioned in paragraph (a)) about assistance provided;

                     (k)  undertaking compliance, audit, review, investigation, enforcement and recovery services ancillary to the emergency service.

             (4)  Information in subregulation (3) includes personal information.

             (5)  If the Chief Executive Centrelink provides an emergency service to a person, or the person makes a request for an emergency service, the Chief Executive Centrelink may:

                     (a)  collect information about the person or the person’s family, including personal information; and

                     (b)  maintain records about the emergency service or the request.

11  Function of providing specified services

             (1)  A prescribed function is to provide a service specified in Schedule 1 (a specified service) to any of the following:

                     (a)  a Commonwealth body;

                     (b)  a State or Territory body;

                     (c)  a local government body;

                     (d)  a non‑government organisation.

             (2)  Without limiting subregulation (1), the prescribed function includes the following:

                     (a)  making the Chief Executive Centrelink or Departmental employees available to perform functions in relation to the provision of a specified service;

                     (b)  determining a person’s eligibility for a specified service, or entitlement to receive or have access to a specified service;

                     (c)  making payments in relation to the provision of a specified service;

                     (d)  maintaining records relating to the provision of a specified service;

                     (e)  charging fees for the provision of a specified service;

                      (f)  disclosing information relating to the provision of a specified service (including personal information about individuals receiving the service);

                     (g)  undertaking education, compliance, investigation and enforcement activities relating to the provision of a specified service;

                     (h)  taking part in teams and taskforces in relation to the provision or future provision of a specified service;

                      (i)  recovering overpayments and other amounts due to the Commonwealth in relation to the provision of a specified service;

                      (j)  conducting litigation or proceedings relating to the provision of a specified service.          

             (3)  The functions in paragraph (2) (a) include functions delegated to the Chief Executive Centrelink or Departmental employees under any law, including a law of a State or Territory.


Schedule 1Specified services

(regulation 11)

  

 

 

Item

Description of service

1

A service, benefit, program or facility that is intended to facilitate, promote or ensure the efficient and effective delivery of government services to, or relating to, an inmate of a correctional facility

2

A service (known as Centrepay) of deducting an amount from a benefit payable to an individual and paying the amount directly to another person:

(a) with the individual’s consent, or as otherwise authorised or permitted by a law of the Commonwealth; and

(b) consistently with arrangements between the Department and the other person

3

A service (known as Centrelink confirmation e‑service) of giving information about an individual to another person:

(a) with the individual’s consent or direction; and

(b) consistently with arrangements between the Department and the other person


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

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Human Services (Centrelink) Regulations 2011

30 June 2011 (F2011L01375)

1 July 2011 (s 2)

 

Human Services (Centrelink) Amendment (Protected Symbols) Regulation 2016

4 Oct 2016 (F2016L01578)

5 Oct 2016 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

r 2.............................................

rep LA s 48D

r 3.............................................

rep LA s 48C

r 6.............................................

am F2016L01578

r 7.............................................

am F2016L01578