How is information requested?
Information is requested from a person by way of a formal notice. The notice can request information in various forms, depending on which section of the VEA it is issued under.
Information in accordance with a form approved by Commission
Section 54A(5) VEA - recipient required to give information relevant to the payment of pension
Section 127(1) (f) VEA - power to obtain information
A notice issued to a person under section 54A or section 127 requires the person to provide information in accordance with a form approved by the Commission. This means the person is being asked to complete details on a Departmental form such as a review form issued with a section 54A notice asking for income and asset details. However, 'in accordance with' does not mean that the person has to fill out the form provided. As long as all the questions on the form are answered in writing– say on a blank piece of paper – the person has met his or her obligations.
Providing information, or appearing before an officer
A notice issued under section 54AA or section 128 can require the person to:
- provide the Department with information, VEA ?VEA ? (go back)
Section 54AA(1) (a) VEA - pension recipient
Section 54AA(3) (a) VEA - pension applicant
Section 128(1) (a)(i) VEA - third person (person other than the pension recipient or applicant)
- produce documents that in are in his or her custody, or under his or her control, or VEA ?VEA ? (go back)
Section 54AA(1) (b) VEA - pension recipient
Section 54AA(3) (b) VEA - pension applicant
Section 128(1) (a)(ii) VEA - third person (person other than the pension recipient or applicant)
- appear before an officer of the Department to answer questions. VEA ?VEA ? (go back)
Section 54AA(1) (c) VEA - pension recipient
Section 54AA(3) (c) VEA - pension applicant
Section 128(1) (b) VEA - third person (person other than the pension recipient or applicant)
Giving and affirming information
Section 54AA(6) VEA - oath or affirmation VEA - person providing information, producing documents or appearing before an officer
Section 128(2A) VEA - oath or affirmation VEA - third party
A person providing information in response to a section 54AA or section 128 notice may be required to give or verify the information on oath or affirmation either orally or in writing. The Secretary or his delegate may administer an oath or affirmation.
VEA information-gathering powers override State and territory laws
The Secretary's information gathering powers under the VEA override all State and Territory laws that would seek to block the exercise of those powers. No State or Territory law can prevent a person from having to supply information, produce documents or give evidence for the purposes of the VEA.