In our more serious cases, we may also use optical surveillance to help us investigate complex avoidance arrangements.
From 1 July 2008 the CSA will trial covert optical surveillance in a limited number of serious cases where there is a suspicion that a parent has committed an offence under child support legislation, such as providing false or misleading information in relation to their child support case. The trial is set to run for 12 months.
This type of investigation is not new to the Australian Government, with agencies such as Centrelink also conducting surveillance operations to investigate fraud and other offences against Commonwealth legislation.
The CSA will work within guidelines published by the Office of the Privacy Commissioner and the Human Rights and Equal Opportunities Commission for the use of optical surveillance by government agencies.
The CSA will only use optical surveillance on a limited basis to investigate serious cases where there is a strong suspicion that a customer has committed an offence under child support legislation, such as providing false information in relation to their child support case.
The CSA will continue to negotiate child support arrangements with parents who have done the wrong thing and can rely on its strong compliance powers, including optical surveillance, where negotiations break down.
The optical surveillance trial is part of the CSA’s wide ranging enforcement powers, and sends a clear message to all separated parents that they must do the right thing by their children, and when they don’t they’ll be caught out.
At the time the surveillance is being conducted, you will not know you are being investigated through this program. However all customer with overdue payments would have already been in contact with the CSA. Where information gathered has a subsequent affect on a customer’s responsibilities or entitlements they will be informed that surveillance was used to gather that information and be entitled to view any footage that is collected.
The CSA will only use optical surveillance on a limited number of serious cases to investigate offences where using conventional desk based investigations and other forms of investigation have been considered but are either unsuitable or have found to be inconclusive. The CSA will always endeavour to first assist and encourage parents to do the right thing, before optical surveillance is considered.
The CSA encourages all customers to call 131 272 if they are aware of any attempts by a separated parent to provide false or misleading information, or seek to deliberately avoid their child support responsibilities.
No. The CSA has established guidelines for determining whether optical surveillance should be used. Surveillance is used in a limited number of serious matters when all other means of obtaining accurate information about a parent’s circumstances have been exhausted and there are still strong grounds to suspect that the information we have received is inaccurate or misleading.
The footage will be used in making an assessment about a parent’s capacity to pay or entitlement to receive payment. If there is sufficient total evidence, including surveillance, to litigate either civilly or criminally then the footage or evidence will be used if it supports the case.