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Centrelink: Labor asks police to investigate release of welfare recipient's data Centrelink: Labor asks police to investigate release of welfare recipient's data
(about 2 hours later)
Labor has asked the Australian federal police to investigate the government’s release of a welfare recipient’s private information. Labor has asked the Australian federal police to investigate the government’s release of welfare recipients’ private information.
Labor’s Linda Burney took the step after senior Department of Human Services officials were questioned in Senate estimates over the legality of releasing the personal details of welfare recipient Andie Fox.Labor’s Linda Burney took the step after senior Department of Human Services officials were questioned in Senate estimates over the legality of releasing the personal details of welfare recipient Andie Fox.
Social security law makes it a criminal offence to release protected information about welfare recipients, although it can be done lawfully in limited circumstances.Social security law makes it a criminal offence to release protected information about welfare recipients, although it can be done lawfully in limited circumstances.
The referral relates specifically to disclosures by the office of the human services minister, Alan Tudge.The referral relates specifically to disclosures by the office of the human services minister, Alan Tudge.
“I have not done this lightly,” Burney said. “I do not play with people’s lives but the minister’s office, or the minister, has seen fit to … somehow release private information and then try to justify it by relying sections of the Social Security Act.“I have not done this lightly,” Burney said. “I do not play with people’s lives but the minister’s office, or the minister, has seen fit to … somehow release private information and then try to justify it by relying sections of the Social Security Act.
“Well, let’s test that.”“Well, let’s test that.”
Fox’s personal Centrelink information was released after she publicly criticised Centrelink’s handling of her debt.Fox’s personal Centrelink information was released after she publicly criticised Centrelink’s handling of her debt.
To counter the accuracy of her claims, Fox’s information was released to Fairfax Media journalist, Paul Malone.To counter the accuracy of her claims, Fox’s information was released to Fairfax Media journalist, Paul Malone.
Malone received two responses, one from the Department of Human Services and another from the minister, Alan Tudge.Malone received two responses, one from the Department of Human Services and another from the minister, Alan Tudge.
Tudge’s response included additional quotes and mistakenly attached two briefings, marked “for official use only”, which contained additional details about Fox.Tudge’s response included additional quotes and mistakenly attached two briefings, marked “for official use only”, which contained additional details about Fox.
Tudge’s office says every part of his response, including the attachments, was cleared by the department’s legal teams for public release.Tudge’s office says every part of his response, including the attachments, was cleared by the department’s legal teams for public release.
The department has similarly said that its response was cleared by its legal team for release to Malone.The department has similarly said that its response was cleared by its legal team for release to Malone.
The department has relied on a section of social security law that allows for disclosure for the purposes of “social security law”.The department has relied on a section of social security law that allows for disclosure for the purposes of “social security law”.
The government says it interprets that as allowing it to release information to correct the public record and therefore maintain confidence and integrity in the welfare system. But Burney said she had sought her own legal advice, which raised questions about the lawfulness of disclosures in this way.The government says it interprets that as allowing it to release information to correct the public record and therefore maintain confidence and integrity in the welfare system. But Burney said she had sought her own legal advice, which raised questions about the lawfulness of disclosures in this way.
“I take very seriously the way in which ministers conduct themselves, and the way in which public officials conduct themselves,” Burney said.“I take very seriously the way in which ministers conduct themselves, and the way in which public officials conduct themselves,” Burney said.
“To write to the federal police to seek an investigation of whether or not a very senior public official, that being the minister for human services, has acted legally.“To write to the federal police to seek an investigation of whether or not a very senior public official, that being the minister for human services, has acted legally.
“Now that surely is a reasonable question to ask.”“Now that surely is a reasonable question to ask.”
Tudge issued a statement in response, saying the government took privacy seriously and complied with all its obligations under law.Tudge issued a statement in response, saying the government took privacy seriously and complied with all its obligations under law.
But he said the government was able to release information to correct the record when a person makes a false accusations about the Department of Human Services.But he said the government was able to release information to correct the record when a person makes a false accusations about the Department of Human Services.
“These provisions are important in order for our public institutions to be able to correct the record when false accusations are made about their conduct,” Tudge said. “If unanswered, accusations of this kind may have the effect of diminishing public confidence in them.“These provisions are important in order for our public institutions to be able to correct the record when false accusations are made about their conduct,” Tudge said. “If unanswered, accusations of this kind may have the effect of diminishing public confidence in them.
“Ms Fox made false assertions about Centrelink in her column in the Fairfax media.”“Ms Fox made false assertions about Centrelink in her column in the Fairfax media.”
He said the information provided to Fairfax was done with the approval of the chief legal counsel of the department and was done to “correct Ms Fox’s false assertions”.He said the information provided to Fairfax was done with the approval of the chief legal counsel of the department and was done to “correct Ms Fox’s false assertions”.
The AFP confirmed it received the referral from Burney’s office. A spokesman said it would be evaluated in line with its normal procedures and said no further comment could be made.The AFP confirmed it received the referral from Burney’s office. A spokesman said it would be evaluated in line with its normal procedures and said no further comment could be made.