Hon. Linda Burney MP Shadow Minister for Human Services Re ferral.MB 2 March 2017 Mr Andrew Colvin APM 0AM Commissioner Australian Federal Police GPO Box 401 CANBERRA ACT 2601 Dear Commissioner Possible Contravention of the Social Security (Administration) Act 1999 and Crimes Act 1914 I refer for investigation and possible prosecution conduct by persons over recent weeks that may involve the unauthorised use of protected information of a number of social security recipients, in breach of section 204 of the Social Security (Administration) Act 1999 (the Act). In particular, it appears that the staff in the Of?ce of the Minister for Human Services or the Minister himself, have released without authorisation to journalists private personal information of certain people who are recipients of social security. I have attached to this letter recent newspaper articles detailing the conduct in question. In statements by the Minister yesterday and by the Department in Senate Estimates hearings today, it has been suggested that this release was permitted because of the provisions of section 202 of the Act. No suggestion has been made that section 208 of the Act, which permits the Secretary of the Department to authorise release of personal information in some circumstances, was relied on. A number of legal experts have publicly stated that reliance on section 202 is not available and is contrary to a proper reading of the Act and decades of established departmental practice. Office: 203 13A Montgomery Street, Kogarah NSW 2217 Mail: PO Box 32, Kogarah NSW 2217 Phone: (02) 95871555 Email: Linda.Burney.MP@aph.gov.au I am concerned that the release of the social security history of individuals represents a gross breach of the trust placed in the Australian Government by citizens to keep their con?dential personal information safe. The release of that personal information to media outlets by those with the legal obligation to maintain con?dentiality represents precisely the kind of criminal wrongdoing that section 204 of the Act is directed at. The disclosure of this information by Commonwealth of?cers may also constitute a criminal offence under section 70 of the Crimes Act I914. I request this matter be investigated by the Australian Federal Police as a priority and that any individuals found to have breached section 204 of the Social Security (Administration) Act 1999 or section 70 of the Crimes Act 1914 be referred to the Commonwealth Director of Public Prosecutions for prosecution, if appropriate. The contact in my of?ce is Mark Boyd who may be contacted on 02 9587 1555. Yours sincerely, 147i?? . Linda Burney Shadow Minister for Human Services Member for Barton 09 Feb 2017 Age, Melbourne 'tl Licensed by Copyright Agency. ?roo may only copy or communicate [his work with 3 Poems. Section: General News - Article type News Item - Audience 87,9?9 Page: 19 - Printed Size: 441.00cm Country: Australia - Words: 1008 - item ID: 725397796 Classi?cation Capital City Daily - Market: VIC Page 1 of2 - HOW Centrelink has terrorised me all startedwhen I began re- ceiving calls from a debt col- lector, which Iinitially bad no debt and any requestforpersonal details from a stranger was cause for suspi- cion. Buta?ersome timelgaveinto the harassment ?m,v curiositygot the better of me, and bythen the cells were interrupting everything from work meetingsto putting the chil- dren to bed. And thetwos how I discovered 1 beds Gentrel'mk debt. I soonfoundout that to even ask the simplest question about a Centnellnk debt requires youto throw yourself into a vortex ofhumi- listing and [frustrating bureaucratic procedures Initially; {tried calling Centrellnk durhigmylonch hour, but Iwould end up wandering the streets around work with the phone pressed tomesnonhold, andbenoforther advancedin the phone queue bythe end ofthe hour: Eventuall}; I took a day offwork to go into a Gem-slink o??ice, and there I discovered the full extent of its er- mom: personal contact. Once hands, you line up to receive a seat eta computer from which you are expectedto use the government Website to solve your problems your- self. Asingle Centrelink employee marches the ?oor pro?dlng the oc- ca sional terse instruction to what re? sembles an absohitebeginners' tutorial in compoterliterany. Finally seated, I found beside me an older men withthe grim face of someone bracing them selves as he stared at his screen. On the other side, ayeungwomen sto~ pe?ed In front ofhercomputen From her murmnrings, I gathered The debt recovery operation has the extraordinarily high error rate of one in five it NiilE. like?. she was infresh ?ight from family violence There is no linkon the website through wliichyou can explain that the debt they are chasingisyour ex? partner?s ?ne for non-lodgement of situation There isnobox to select for explain mg his ?llereto lodge his return in that final yeertogetheris why the you cleimedsnd ?led a taxi-atom foris now seenbjr Centrelink ash?aud. Havinggone the website, I eventually pressed the entrelink employee and asked that pleasebe able tojust speektosome- onedireotly. Ijoined another queue. A different sta?'memher neurons at a counter and. again, Ireleyed my story. Increasingly, I shed anydignity around discussing the deta?s of my break?up and ?nances. In reply, itwas suggested that pen hope the situation could be improved if I Were to prove the relationship with my ests truly over: Iolfemd to give them my ex's contact detailsbut ironically. privacy legislation preven- ted them from contac ting him about either-his past relationship or his tax ?ne, both things I hadjust been forced to describe at volume to a room full of strangers. This term, de facts, which Ihad? once taken such feminist pridein, seemed instead to imply to Centre- Iinlr. that I mswande?ng listlessly between men. And so, I ?lled out forms to demonstrate that the heart- ache disruption the children and lhad experienced was real. And nally, as requested, Iprovided wit~ nesses toverify my claim. But this was still not enough, and the phone oa?sremmed. I don?t re~ celve child support, and inspite of :11th returns being upto date I am nmvbarred from receiving Family Tax Bene?ts [on account ofthis ?tax which also made me ineligible getting a loan}. I-smless capable my ex to lodge his texretm?ns now than when we were together-As a single parent, Irsiee-my. children entirely outofmownesrnings?owIwee beiogthreatened with having-my wages held backto pay for thedebt, and I feared mybudget would fall to pieces. Torrerlsed by Cenhelink, I began tobeheve asthe bureaucracysaw me: angry, emotional, confused, de- pendent andidiotro. It does not mat- ter I am a hill-time employed econ- omist. Now; I was a welfare chest. The won: so from Centrelink sighed. ?So, you went to appeal the decision ?she asked, and directed me to its website. Hsvhigheen inade the vortex before, I demanded to lodge swapped! right then with her. Shewss dismissive, but [insisted Iwas, bynomquite distressed. Ultimately, this most have been noted somewhere becauseit trig- gered a cell from a Centralink Social worker to check on me. Again, I ex- plained the story. Buttl?stlme, she passed in the middle of her spiel and tenderly agreed that, ?this is bad, you?re in shed situation". She would do what she could to help my appeal, she said. In the days leading up to Christmas I learnt that the board had re?t-wed its decision, agreed on error had been made. and that my ex?s ?ne wouldbe cleared from my record. 18 26 Feb 2017 item 313: ?33389679 . Licensed by Copyright Agency. You may only copy or communicate [his won: Wlih a licence. Sunday Canberra Canberra Author. Paul Malone Section Sunda type: News Itern Classi?cation: CepitolCity Daily Au lenoe: 17. 271 Fag 6: Printed Size: 652 Wow . 4 Page 1 of3 Centrelink can be an easy target PAUL MALONE Centreh?nk needs to improve but there is more to it than meets the eye. he (MA audience laugh ed atAttorney General George Brandis when he suggested last Monday ti: at people with Centre- linlr problems could simply contact the agency and sort out the matter. There areso many accounts of problems with Centrelinl: that Brandis? View seemed like fantasy? lend. Com plains range from ABC 230 Report?presenter, Leigh Sales, to disability pensioners and vic- tons of Cent re?nk's debt recovery operations. But could it be that i sometimes the ages cyis being unfairly castigated? One ofthe hardest-hitting criticisms came iron: biogger and Writer Andie Fox in on article published in Fairfax media outlets . on Feb roary 6. She says she tried calling Centralink during her Iunchh our hot would end up wandering the streets around work with the phone pressed to my car, on hold. and be no forth or advanced in the phone queue by the end of the hour." Eventually, she took a day off Work to go into a Centreiinlr of?ce. But the media. adviser for Human Services Munster Alan Tudge said that had she called the 1800 contact numbei on her debt- or?s is tter she would' in all prob ah lid lty have gone gh. I tried this number and tow and behold,I got an instant answer: This is not to say that all Centre- Iink cells are answered quickly. There are far too many com- for thatto be true. But there are at least two sides to every story. Inher detailed article Ms Fox complained that her problem arose from the fact that she was chased 'hy'Ce for a debt actually owed by her former de facto part- ner. She then detailed the run- oround she got trying to resolve the matter. She says she soon found out that even asking the simplest question about the debt threw her into "a cortex of humiliating and frustrat- ing bureau erotic procedures?. But Centrelink has a different story. The agency says Ms Fox's debt is Tax Bene?t (FTB) debt for the 2011?12 ?nancial yesrwhich arose after she received more FTB than she was entitled to because she undo r-es timated her family income for that year. .- The original debt was raised 1 because she and her err-partner did notlodge a tax return or i con?rm their income information for 2011?12. Cantrellnk says that after Ms 'Fo'x noti?ed the department that she had separated from her par-tn er. the debt due to her part- ner?s non-lodgem out was can- cel] ed. But what of oth or problems Ms Foxsaysshe hsdindealiog with Uentrelink? "Once inside, you line up to re- ceive a sent at a computer terminal from which you are expected to use the govenune ot website to solve your problems yourself. A single Centrelink employee marches the ?oorprovidingthe occasional terse instruction to wh at re- semble an ab solute beginners? tutorial in computer literacy." MsFox says there was no link on the website'through which she could explain that she thought the debt Gentrelink was?chssing was her ear-partner?s ?ne for non- lodgement often: returns. There was no box in anywindow to select to explain that his failure to lodge his tax return was-why the Family Tex'Bene?t she claimed was now seenby (3th as fraud. Having gone as far as she could on the website, she pressed the Centrelink employee and asked to speak to someone directly. Shejomed another queue. A different staff member saw her at a counter and, again, she. relayed her story. sheddingany dignity around dis cussing the'details other break? up and ?neness. But Centralink general manager Hank Jongeu says Centrelink made numerous attempts to get in touch with Ms Fox?a phone and letter but many of these attempts were left unanswered. Between November 16 and January 17 Centrelink made four phone calls and sent six letters to Ms Fox. Gentrelink says it was not until 2015 that she info rmed them that she had separated from her part- nerin 2013. Mr Jongen said the experience described Fox could have been avoided if she had informed the department she had sep arated from her partner in a timely way, and if she had lodged her tax re- turns in a timely way. The Department of Human Services maintains that overall wait times have been rcduc ed this year and social security and wel- fare average-speedmf?answer is around ?2 minutes. But averages don?t help you if 21 26 Feb 201? ?3 Sunday Canberra Times, Canberra Author Paul Malone - Section: Sunda Focus - Article type News Item Li BRARY Classi?cation Ca ital City Daily - Au ience 17,2?1 - Page: 19 Printed Size: 652. (licrnz Market: ACT - Country: Australia - Words: 1085 y? item 10: 733339679 . .. i .l roiaporb- Licensed by Copyright Agency. You may only cap}! or corrmunicsto this won: min a licence. Page 2 of 3 subnu ssions. I?d rather see them ?nlewhenwajt times are over on down at the local Centrelink help- hour. More staff a re nestled, psr- 1113 members ofthe puhllc. ticularly during the peak month of At the very least policy December to March . each there is increased development officers demand for help from families and should spend some you happen to heinquiring ate students. I've thought that, of time every year the three broad public service working at the Shop tasks -policydevelo meat, service delivery and regulati?n?fartoo front. many staff were allocated to policy development and fartoo fewto the other-two areas. Policy develop- ment is the high-status activity: but service delivery and regulation are where people meet. the service and rate its performance. At the set I believe policy development of?cers should spend some time every year we at - the shop front. This should apply from the hosd'of the Prime Minis? ter?s Department, to Treasury and Finance De partment budget of? ?cers. Answersig pensions rs' queries or fronting a Centrehnk counter would not only help the service delivery of?cers, it would give the policy of?cers real insight mic-the role of government. Cur- rently senior of?cers can ?nd time. for trivial matters such asthe Aus- tralian Public Service Commis- sion's-Brendit competition. For years the tsgline Career, thousands of opportunities has been attached to public service job advertisements. I doubt ifsnyone paid attenlzi on to this 5 abhorloss if it isap scared. But with nothing else to do, the commission has run a competition to ?nd a new tagline to ?convey the employment value proposition of the The competition has, ofcouree, included the full hure aucrstic kit ofjudging criteria andjudging panel. No externalludges and the head ofthe Department of Prime Minister and Cabinet, Martin Par- kinson and the Public Service com- missioner, John Lloyd have found time to ponder the 32 shortlisted en tries from over 700 ?fantastic? 22