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CSA, SSAT and disclosure of information to other parties

CSA, SSAT and disclosure of information to other parties contrary to

Following on from Big Red's comment about privacy issues with SSAT in the topic about a high percentage of COA decisions being overturned, those who have been through the SSAT process are aware of the sheet of paper that (should) get sent out with extracts of the legislation pertaining to publication of identifying information and disclosure of information to unauthorise persons and the 'Go directly to jail and do not collect $200' provisions.

Although it is clear that CSA and SSAT have a duty to ensure that if information is disclosed to the other party (i.e. they are authorised by law to receive it), that the other party does not disclose or use this information other than for the purpose that it was given. (Refer Information Privacy Principle 11(1), the SSAT Child Support Review Directions 2009 Division 2, Sections 5 and 6, Child Support (Registration and Collection) Act 1988 Section 16 (2) and Child Support (Assessment) Act 1989 Section 150(2)) - this implies that if you receive any personal or protected information or documents like what happens during the information exchange during a CSA Change of Assessment or SSAT Appeal process, you can't even show your partner, spouse, lover, sister, brother, friend, neighbour,  or anyone else this information or documents or share the information contained in them - unless they are authorised or are the your representative or are assisting you in a professional capacity to furfil a request or direction order from CSA or SSAT.

Does anyone know what happens if this protected and private information (such as bank statements, medical reports) is disclosed to parties totally unconnected with the COA or SSAT Appeal process and CSA or SSAT become aware of this? Do CSA or SSAT have a responsibility to report this so that the law can be enforced? What happens and who enforces the law? Is this a matter for the Ombudsman or Privacy Commissioner to get involved in?

I can't find a clear answer on this one, but toss it open for discussion.
Valere said
I can't find a clear answer on this one, but toss it open for discussion.

From experience what happens is that the CSA blame SSAT and then SSAT blame the CSA and until the complainant is exhausted the perpetual motions continues. The SPCA have raised the issue of privacy legislation being ignored and or abused many times and again inaction appears to be the overruling action that is taken. If advising, I tend to advise contacting both the Privacy Commissioner and the Ombudsman, assuming that such advice has been taken, then it is likely that inaction yet again tends to be the preferred action of Government bodies.

My guess is that only until someone finds some way to enact the intent of privacy legislation against the negligent disregard for the legislation then negligent implementation of legislation will not cease.
mmmm.... maybe with a Federal election coming up, now is the time to speak to a local MP!
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