12.2.1 Overview of Information Gathering Powers

Who can we request information from?

The Secretary or their delegate can request information from applicants or recipients of pensions, payments, benefits or allowances. Information can also be gathered from a person who is indebted to the Commonwealth by way of an overpayment for example, or from a person employed by, or in connection with, a government department.    

What information can we gather?

Information gathering powers are most commonly used for

• investigation of a pension claim;
• investigation of veteran payment eligibility;
• review of a pension or payment rate; or
• investigation of an overpayment.

The Secretary or their delegate can request any information that is relevant to the payment or application of pension, payment or associated benefits or allowances.    

How can we gather information?

A person can be asked to provide specific information including:

• information on a Departmental form,
• documents within that person's custody or control, or
• answers to questions before a Departmental officer.    
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  How information can be provided by a person

  12.2.2/How can we Gather Information?

   

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Using the correct information gathering powers

The VEA contains information gathering provisions that cover various situations or groups of people:

• sections 54A and 54AA provide the power to gather information from service pension, veteran payment or ISS recipients or applicants,
• section 127 can be used to gather information from applicants or recipients of Disability Compensation Payment and war widow's/widower's pension, and associated benefits and allowances, and
• section 128 is a general provision allowing information to be gathered from a person, including a government employee or person indebted to the Commonwealth.    
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  Correct use of information gathering powers

  Section 12.2.3

   

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Requirements for information gathering

A notice issued to a person requesting information must tell the person where, when and how they are to provide the information.    

Non-Compliance with notices

A person must comply with a notice to the extent that they are capable of complying. There are penalties for failure or refusal to comply, or knowingly providing misleading information.