85H Disclosure of information for purposes of Parental Leave and Employment Protection Act 1987

(1)

The purpose of this section is to facilitate the exchange of information between the Commissioner and the responsible department for the purposes of providing to the responsible department, applicant information that the Commissioner considers necessary to enable the responsible department to—

(a)

verify an entitlement to parental leave payments or preterm baby payments:

(b)

investigate possible overpayment of parental leave payments or preterm baby payments.

(2)

For the purpose of subsection (1), an employee or agent of the responsible department who is authorised to do so by the chief executive of the responsible department may from time to time supply to the Commissioner information that is held by the responsible department in relation to an applicant, or the spouse of an applicant, for a parental leave payment or preterm baby payment.

(3)

For the purpose of subsection (1), the Commissioner may compare applicant information contained in an application for payment of paid parental leave or for preterm baby payments made under section 71I of the Parental Leave and Employment Protection Act 1987, or compare applicant information supplied under subsection (2), and information held by the Commissioner that relates to the applicant.

(4)

Where the Commissioner has made a comparison under subsection (3), the Commissioner may communicate applicant information to the chief executive of the responsible department if the Commissioner considers the communication to be necessary for the purposes set out in subsection (1).

(5)

In this section and in section 85I,—

applicant means a person who has made an application for a parental leave payment or preterm baby payment under section 71I of the Parental Leave and Employment Protection Act 1987

applicant information, for an applicant, means—

(a)

information that relates to the circumstances of the applicant that are relevant to the eligibility of the applicant for parental leave payments or preterm baby payments under Part 7A of the Parental Leave and Employment Protection Act 1987:

(b)

the applicant’s name and tax file number:

(c)

the name and tax file number of the applicant’s employer

parental leave has the meaning in section 2 of the Parental Leave and Employment Protection Act 1987

responsible department means the department for the time being responsible for the administration of the Parental Leave and Employment Protection Act 1987.

Section 85H: inserted, on 21 June 2005, by section 135 of the Taxation (Base Maintenance and Miscellaneous Provisions) Act 2005 (2005 No 79).

Section 85H(1)(a): amended, on 1 April 2016, by section 83 of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).

Section 85H(1)(b): amended, on 1 April 2016, by section 83 of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).

Section 85H(2): amended, on 1 April 2016, by section 83 of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).

Section 85H(3): amended, on 1 April 2016, by section 83 of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).

Section 85H(5) applicant: amended, on 1 April 2016, by section 83 of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).

Section 85H(5) applicant information paragraph (a): amended, on 1 April 2016, by section 83 of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).