Tax file numbers

7.9 Tax file numbers may be requested from a person who resides in Australia and makes a claim for, or receives, a social security payment.^[7] In addition, a person must provide the full name, date of birth, tax file number and income and asset details of any non-claimant partner, if requested.^[8]

7.10 While a person cannot be compelled to provide a tax file number, the person’s social security payment may cease if it is not provided.^[9]

7.11 A person may be granted a tax file number exemption—including an indefinite exemption—from providing a tax file number of their partner, where the person can demonstrate a risk of violence to himself, herself, their children or dependants, or where other concerns for the health and safety of the person, their children or dependants exist.^[10]

7.12 This exemption does not cover cases where there is merely a refusal on the part of the partner to provide the information and there are no violence or health concerns, or if a person is claiming to receive payments in his or her own right.^[11]

Submissions and consultations

7.13 In Family Violence and Commonwealth Laws—Social Security (the Social Security Issues Paper),^[12] the ALRC asked whether the current provisions regarding the requirements for original proof of identity documents and tax file numbers created barriers for victims of family violence, and whether further measures should be put in place to ensure that a victim of family violence who has had to leave his or her home because of family violence are not required to return to the home or contact an abusive family member.^[13]

7.14 Most stakeholders who responded to this question agreed that the requirement to provide original proof of identity documents and tax file numbers can create a barrier for persons experiencing family violence to accessing social security payments and entitlements.^[14]

Proof of identity

7.15 The Homeless Person’s Legal Service raised concerns that:

A person who has been forced into unstable accommodation due to family violence may not have sufficient proof of identity in order to receive a social security payment, and may be exposed to risk of harm if they believe they are required to return to the home in order to obtain such proof of identity.^[15]

7.16 Similarly, the National Children’s and Youth Law Centre submitted that, for young people who have already left home, he or she ‘may not wish to re-enter the violent home to locate the documents, or a parent may withhold these documents from the young person to stop them from leaving home’.^[16]

7.17 However, the Welfare Rights Centre NSW stated that ‘Centrelink officers are generally proactive in assisting young people at risk to gather the required proof of identity needed for a claim to be processed’.^[17]

7.18 Some stakeholders recommended an automatic exemption for victims of family violence from providing original proof of identity documents,^[18] while others considered that information about the availability of the exemption should be provided to persons experiencing violence.^[19]

Tax file numbers

7.19 In relation to the requirement to provide a partner’s tax file number, the Multicultural Disability Advocacy Association submitted that, because control is often a common feature of family violence,

any provision that requires providing a partner’s tax file number will inevitably prevent a victim from leaving violent relationships. All steps should be taken to encourage victims to leave violent relationships and avenues for exemptions should be explicit, accessible and automatic … No one should be refused services or entitlements because a third party refuses to provide personal information.^[20]

7.20 The Council of Single Mothers and their Children (CSMC) submitted that if the refusal of a partner to provide a tax file number prevents a victim of family violence from accessing payments he or she would otherwise be entitled to, such refusal constitutes a form of financial abuse.^[21]

7.21 Rather than requiring a victim of family violence to provide a partner’s tax file number, some stakeholders suggested that Centrelink use its powers under s 192 of the Social Security (Administration) Act to require the production of information, such as a partner’s tax file number.^[22]

Contact details

7.22 Some stakeholders also raised concerns about people who are experiencing family violence and who are in a state of transition between residences and not able to provide an address.^[23] In particular, concerns were raised regarding mail being sent to the old address until a new address had been provided, thus potentially enabling the person using family violence to know the victim’s affairs.^[24]

ALRC’s views

7.23 The ALRC recognises the need to balance the tension between establishing the identity of a social security recipient or claimant in order to ensure the integrity of—and minimise abuse of—the social security system, with the need to ensure the safety of victims of family violence through access to social security payments and entitlements. However, the ALRC considers that some improvements may be made to the requirements for original proof of identity and tax file numbers and exemptions.

Questions for persons with insufficient proof of identity

7.24 The ALRC recognises the tension between ensuring the integrity of the system through proof of identity requirements and the need to protect the safety of victims of family violence. In the ALRC’s preliminary consideration, the alternate Centrelink form—‘Questions for Persons with Insufficient Proof of Identity’—aims to address this tension by providing an alternate form for people experiencing family violence. However, there is little detail provided in the Guide to Social Security Law as to what the form requires. The ALRC is therefore interested in stakeholder comment as to whether this form creates a sufficient alternative for victims of family violence to provide proof of identity.

7.25 The ALRC also considers that, as a mechanism available to people experiencing family violence, information about the alternate proof of identity form should be included in Proposal 4–8 to improve awareness of its existence.

Tax file number exemption

7.26 The ALRC considers that details about the indefinite tax file number exemption are suitably placed in the Guide to Social Security Law. However, the exemption somewhat narrow, insofar as it refers to a risk of ‘violence’, rather than ‘family violence’. The Guide to Social Security Law should expressly refer to family violence in order to capture a broader range of conduct that is violent, threatening, controlling, coercive or engenders fear. This proposed reform is complemented by Proposals 3–1 and 5–1, which would set out a definition of family violence in the Social Security Act and the Guide to Social Security Law.

7.27 In addition, as an indefinite exemption from providing a partner’s tax file number may protect a person’s safety, information about the exemption should be included in Proposal 4–8.

Section 192 Social Security (Administration) Act

7.28 Section 192 of the Social Security (Administration) Act confers a general power on the Secretary of FaHCSIA to require a person to give information or a document in a person’s custody or control where it is relevant to whether a person is qualified for a social security payment or a social security payment is payable.^[25]

7.29 The ALRC is interested in comment as to whether s 192 of the Social Security (Administration) Act could and should be used to obtain a partner’s tax file number in circumstances of family violence.

Change of address

7.30 The ALRC also notes that submissions raised an additional administrative concern regarding change of address and is interested in hearing whether current administrative arrangements for change of address are adequate for victims of family violence.