Commonwealth of Australia Explanatory Memoranda

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SOCIAL SECURITY LEGISLATION AMENDMENT (DIGITAL TELEVISION SWITCH-OVER) BILL 2009


2009





               THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA





                          HOUSE OF REPRESENTATIVES











 SOCIAL SECURITY LEGISLATION AMENDMENT (DIGITAL TELEVISION SWITCH-OVER) BILL
                                    2009



                           EXPLANATORY MEMORANDUM















                     (Circulated by the authority of the
 Minister for Families, Housing, Community Services and Indigenous Affairs,
                          the Hon Jenny Macklin MP)
 SOCIAL SECURITY LEGISLATION AMENDMENT (DIGITAL TELEVISION SWITCH-OVER) BILL
                                    2009



OUTLINE


This bill implements Government policies relating  to  household  assistance
for eligible Australians who may need practical, in-home assistance to  make
the move to digital television.

The  measure  will  amend  the  confidentiality  provisions  of  the  Social
Security (Administration) Act 1999 to enable Centrelink to use and  disclose
protected  information  to  facilitate  the  Digital  Switch-over  Household
Assistance Program.


Financial impact statement

This  bill  facilitates  the  implementation  of  the  Digital   Switch-over
Household Assistance  Program.   The  estimated  financial  impact  of  that
Program is:

|Financial impact    |                    |Total resourcing |
|                    |2009-10             |$11.3 million    |
|                    |2010-11             |$31.1 million    |
|                    |2011-12             |$29.8 million    |
 SOCIAL SECURITY LEGISLATION AMENDMENT (DIGITAL TELEVISION SWITCH-OVER) BILL
                                    2009



NOTES ON CLAUSES


Clause 1 sets out how the Act is to be cited, that is, the  Social  Security
Legislation Amendment (Digital Television Switch-over) Act 2009.

Clause 2 provides a table that  sets  out  the  commencement  dates  of  the
various provisions in the Act.

Clause 3 provides that each Act that is specified in a Schedule  is  amended
or repealed as set out in that Schedule.
                           Schedule 1 - Amendments


                                   Summary

The Social Security Legislation Amendment (Digital  Television  Switch-over)
Bill 2009 amends the Social Security (Administration) Act 1999  (the  Social
Security Administration Act) to enable the  implementation  of  the  Digital
Switch-over  Household  Assistance  Program  as  part  of  the  Government's
commitment to deliver an assistance program to households in regions due  to
make the switch from analog to digital television  between  1  January  2010
and 31 December 2011.  A household will qualify for the  assistance  program
where one or more residents are in receipt of the maximum  rate  of  any  of
the following payments:  age  pension;  disability  support  pension;  carer
payment; or Department of  Veterans'  Affairs  service  pension,  or  income
support supplement.

                                 Background

The Government has announced that all  free-to-air  television  broadcasters
in Australia will complete the switch from analog transmission  to  digital-
only transmission by the end of 2013.

Switching to digital television will be a  straightforward  and  inexpensive
task for the vast majority of Australians.  However, some viewers  may  need
practical, in-home assistance to make the  switch  to  digital.   To  ensure
these Australians are not disadvantaged by the switch-over,  the  Government
will implement an assistance program in regions  switching  from  analog  to
digital transmission between  1 January 2010  and  31 December 2011.   These
are:

    . first half 2010: Mildura/Sunraysia  television licence area;


    . second half 2010:      Regional  South  Australia  television  licence
      areas;


    . first half 2011: Regional Victoria television licence areas; and

    . second half 2011:      Regional Queensland television licence areas.

Lessons learned from switching over these regions will  inform  the  broader
switch-over of the rest of Australia.

The current confidentiality provisions  contained  in  section  202  of  the
Social Security Administration Act provide that  protected  information  can
only be obtained, recorded, used  or  disclosed  for  the  purposes  of  the
social security law,  the  Farm  Household  Support  Act  1992,  the  Dental
Benefits  Act  2008  or  the  Family  Homelessness  Prevention   and   Early
Intervention Pilot.  The provision  of  the  Digital  Switch-over  Household
Assistance Program does not fall into any of the  categories  currently  set
out in the confidentiality provisions about obtaining, recording, using  and
disclosing protected information.

Legislative authority is required to  enable  Centrelink  to  use  protected
information to identify and contact people qualified for the Digital Switch-
over Household Assistance Program.  In  addition,  Centrelink  needs  to  be
able to provide the information about recipients  of  those  payments,  with
their consent, to the contractors engaged to supply the Digital  Switch-over
Household Assistance Program.

Information disclosed  to  contractors  and  the  Department  of  Broadband,
Communications and the Digital Economy  (DBCDE)  will  be  limited  to  that
strictly necessary for the implementation of the Digital Television  Switch-
over Household Assistance Program.  Contractors will  not  receive  specific
information about the customer's age, payment type,  disability  or  marital
status.

DBCDE  will  also  put  in  place  appropriate   privacy   safeguards   with
contractors to ensure that Centrelink  customers'  personal  information  is
treated appropriately.

                         Explanation of the changes

Amendments to the Social Security Administration Act

Item 1 omits all the words appearing after 'the Dental  Benefits  Act  2008'
in  subsection  202(1)  of  the  Social  Security  Administration  Act   and
substitutes  the  words  'the  Family  Homelessness  Prevention  and   Early
Intervention  Pilot  or  the  Digital   Switch-over   Household   Assistance
Program'.

Item 2 inserts a new paragraph (db) into subsection  202(2)  of  the  Social
Security Administration Act to include reference to the Digital  Switch-over
Household Assistance Program.

Item 3 inserts a definition of Digital Switch-over Household Assistance
Program into the dictionary in subclause 1(1) of Schedule 1 to the Social
Security Administration Act.

The amendments will  authorise  a  person  to  obtain,  make  a  record  of,
disclose  and  use  protected  information   under   the   Social   Security
Administration Act for the purposes of  the  Digital  Switch-over  Household
Assistance Program.

 


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