Senate debates

Tuesday, 20 March 2018

Bills

Social Services Legislation Amendment (Welfare Reform) Bill 2017; In Committee

1:58 pm

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Minister for Jobs and Innovation) Share this | Hansard source

The rationale for abrogating the privilege against self-incrimination is that the information requested is often essential to maintain the integrity of the social security system—for example, through fraud prevention and detection—and is rarely, if ever, used against the person providing it. Generally, only information that is relevant to another person's social security payment under the social security law is sought from persons. For example, information may be sought from an employer about cash-in-hand income received by a social security recipient or from a financial institution about a social security recipient's financial assets, incomes and outgoings. Section 197A(2) ensures that only limited criminal consequences flow from the person's inability to refuse to provide information. The use and derivative use immunity in subsection 197A(2) is subject to certain exceptions. Essentially information or documents given by an individual are admissible in criminal proceedings against that individual that relate to the falsity of the information.

Progress reported.

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