Proof of identity

7.4 Section 8 of the Social Security (Administration) Act 1999 (Cth) seeks to ensure that abuses of the social security system are minimised,^[2] for example by requiring claimants and recipients to prove their identity when making new claims, or when renewing or altering claims.^[3] To be qualified for a social security payment, a low income health care card, or a Commonwealth seniors health card, a person must provide original proof of identity documents and, with limited exceptions, also provide a tax file number.^[4]

7.5 Victims of family violence are not automatically exempt from providing original proof of identity documents. The Guide to Social Security Law states that all efforts must be made to obtain satisfactory proof of identity and that the onus is on the claimant.^[5] However, the Guideprovides that a departmental form—‘Questions for Persons with Insufficient Proof of Identity’—can be used if a person is unable to provide sufficient evidence as to identity. This form contains questions that, because of their personal nature, are not likely to be known to other people.^[6] ‘Persons experiencing domestic violence’ are among the list of persons able to use this alternate departmental form for proof of identity.^[7]

Problems in proving identity

7.6 The Homeless Persons’ 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.^[8]

7.7 Similarly, the National Children’s and Youth Law Centre submitted that, for a young person who has 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’.^[9]

7.8 However, the Welfare Rights Centre NSW (WRC (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’.^[10]

7.9 In light of these concerns, some stakeholders recommended an automatic exemption for victims of family violence from providing original proof of identity documents,^[11] while others considered that information about the availability of the exemption should be provided to persons experiencing violence.^[12]

7.10 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. The ALRC considers that 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. The ALRC did not receive comment on whether this form was sufficient, although some stakeholders suggested that, rather than requiring a person experiencing family violence to provide a partner’s tax file number, Centrelink could use its delegated information-gathering powers under s 192 of the Social Security (Administration) Act to require the production of information, such as a partner’s tax file number.^[13]

Information-gathering power

7.11 Section 192 of the Social Security (Administration) Act confers a general power on the Secretary of Families, Housing, Community Services and Indigenous Affairs (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 qualifies for a social security payment or a social security payment is payable.^[14] This power is generally delegated to Centrelink staff.

7.12 A number of stakeholders recommended that s 192 should be utilised to find a person’s tax file number or proof of identity documents, as this would save a great deal of unnecessary stress for the victim.^[15]

7.13 However, care should be taken not to further jeopardise the safety of the victim through the use of such powers. For example, in situations where the person using family violence refuses to provide his or her income details, the Australian Association of Social Workers Queensland (AASW (Qld)) and the Welfare Rights Centre Inc Queensland (WRC Inc (Qld)) submitted that Centrelink might consider using s 192 to obtain this information from the Australian Taxation Office.^[16] Similarly, the National Welfare Rights Network (NWRN) considered that, as a coercive power, any use of it should be carefully considered and justified.^[17]

7.14 The ALRC is of the view that consideration should be given to using s 192 when, because of family violence concerns, it is not appropriate to expect a customer to provide a piece of information required for the assessment of a claim or entitlement.

7.15 In addition, the ALRC recommends that, as a mechanism available to people experiencing family violence, information about the alternate proof of identity form should be provided to customers to improve awareness of its existence, in accordance with Recommendation 4–2.