That in seeking agreement from Finance for costings of compliance Budget measures, Services Australia and DSS provide Finance with documentation setting out the basis for the assumptions and inputs used, including related data sources, to allow Finance to properly investigate and test those assumptions and inputs.
The Government accepts this recommendation.
All Ministers, departments and agencies are expected and required to comply with the rules outlined within the Cabinet Handbook and the Budget Process Operational Rules when developing new policy proposals and measures with financial implications.
The Department of Social Services and Services Australia will ensure budget initiatives are progressed in consultation with the Department of Finance, and in compliance with the Budget Process Operational Rules. Data sources will be identified, and assumptions and inputs will be provided for compliance measures. These will be required to be documented and provided in a transparent manner.
The Commonwealth should seek legal advice on the end-to-end data exchange processes which are currently operating between Services Australia and the ATO to ensure they are lawful.
The Government accepts this recommendation.
The collection, use, storage and disclosure of personal information is fundamental to the effective administration of government agencies and departments. It is therefore critical the public have trust and confidence that agencies and departments are adhering to the robust legislative frameworks in place which protect personal privacy.
Government agencies and departments have obligations to protect an individual's information under the Privacy Act 1988 (Cth), the Australian Privacy Principles and relevant guidelines issued by the Office of the Australian Information Commissioner. Recognising the importance the protection of personal information has in the administration of the tax and social security systems, the Taxation Administration Act 1953 (Cth) and Social Security (Administration) Act 1999 (Cth) also contain provisions that protect an individual's information.
The Australian Taxation Office and Services Australia have obtained independent, external legal advice in respect of the Pay As You Go (PAYG) and Single Touch Payroll (STP) data exchange programs, which confirm that both agencies are complying with the required legislative frameworks governing each aspect of the data exchange, specifically, the confidentiality and Tax File Number (TFN) provisions in the Taxation Administration Act 1953, the confidentiality provisions of the Social Security (Administration) Act 1999, and the Privacy Act 1988.
