Privacy Considerations

It may be suggested that requesting details of income other than solely related to the employee breaches privacy principles.  However, provided the information being requested is:

• used only for its intended purpose (the consideration of repayment of an overpayment) [Privacy Principle 9]; and

• in the public interest (attempting to recover “revenue at law”, being government funds) [Privacy Principle 10];

the Privacy Act is not being breached.

While there is no legislative authority in the SRC Act for Comcare to request such details, we are under an obligation to protect public revenue and as such must be able to justify the decision to repay a debt at a much lower rate where financial hardship is a consideration.

Ultimately, the employee may choose not to provide full and accurate information on his or her particular circumstances.

Where this occurs, or the employee queries why 'other income' details are required, it should be pointed out that we may not be able to resolve the matter of an application to lower the repayment amount without such information.