12.4.1 Overview of Exchange of Information with Other Departments

Last Amended: 16 December 2013

Information may be sought from other Departments

VEA→

The VEA allows officers of DVA to request information from another Commonwealth, State or Territory Government Department, provided that the information is:

• being collected for a lawful purpose; and
• needed in order to administer the VEA.

Requesting officer to have relevant delegation

In order to sign a request for information, the officer must have the delegation to sign notices under the VEA requesting information on behalf of the Secretary. Any request signed by an officer without delegation is in breach of the Privacy Act 1988.

Form of request for information

The officer must ensure that the request:

• is in writing,
• states for what purpose the information is needed,
• states the legislative authority under which the request is made, and
• includes the capacity under which the officer is requesting the information.

Disclosure of information to another agency

VEA→

The VEA allows officers of DVA to provide information obtained in the course of their duties to the Secretary of another Commonwealth Department where that information is required for the purposes of that Department.

Disclosure of information required by non-DVA legislation

Disclosure of information available to officers of DVA in the course of their duties may also be subject to the disclosure provisions contained in non-DVA legislation. For example, in respect of requests from the Child Support Agency, section 161 of the Child Support (Assessment) Act 1989 requires a person who is reasonably capable of responding to a CSA request for information to do so.

Implications of the Privacy Act

The collection and disclosure of any personal information by any Commonwealth Department must not breach the Information Privacy Principles contained within the Privacy Act 1988.