Effective until 30 June 2008
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| CSA's previous online law & policy guide Effective until 30 June 2008 |
6.3.6: Customer's authorised representativesContext Customer may specifically authorise a third person to make enquiries on their behalf. Legislative references Section 150 Child Support (Assessment) Act 1989 Section 16 Child Support (Registration and Collection) Act 1988 Explanation CSA can communicate with a person that a customer has authorised to act on their behalf. When CSA is talking to a customer's representative it may disclose protected information about that customer which is necessary for that particular enquiry. This is permitted under the secrecy provisions because the disclosure is for the purposes of the Child Support legislation (section 16(2A) Registration and Collection Act and section 150(2A) Assessment Act). However, CSA will not disclose to a parent's authorised representative any personal information about the other parent in the child support case. CSA will talk to a customer's representative if it is satisfied:
Types of customer representatives Extent of a person's authority to act for a customer Interpreters and telephone assistance services Types of customer representatives CSA can deal with 3 types of customer representatives:
A solicitor or authorised agent can represent a CSA customer in all child support matters, except for a change of assessment conference. A representative with ordinary authority can only represent a CSA customer in simple child support matters. Solicitors are professionally entitled to act on behalf of their customers who may also be CSA customers. If a CSA customer instructs their solicitor to act (i.e. deal with CSA) on their behalf in child support matters, CSA will accept such representation and deal with the solicitor. Solicitors should be able to include an authorisation with written requests, or to send a facsimile of it for telephone communications. Solicitors can also have implied authorisation by lodging a form (such as an application for a child support assessment) signed by the customer, or by producing a CSA letter sent to the customer. Authorised agents with power of attorney, or other legal authority to act on the customer's behalf Possession of a power of attorney is sufficient authorisation if it confers on the recipient authority to do anything that he or she can lawfully do on behalf of the customer as an attorney. The representative must be able to provide a written document conferring a general power of attorney. Alternatively, the power of attorney may have been conferred for child support purposes only. If a person has been given a power of attorney to act on someone's behalf for purposes including child support purposes, CSA will accept such representation. The Public Trustee's Office and the Office of the Protective Commissioner are both legally authorised to act on behalf of a person. Representatives with ordinary authority Representatives with ordinary authority have been authorised by a CSA customer to act on their behalf. They are not a CSA customer's solicitor and do not have a power of attorney. In most cases, they are a CSA customer's partner calling CSA seeking or giving information on behalf of the customer. However, they could be customer's friends, or any third party authorised by a CSA customer to act on their behalf, including Members of Parliament and their electorate staff making representations on behalf of their constituent. It should be noted that the Commonwealth Ombudsman does not act as a customer's representative. The Ombudsman is authorised by legislation to investigate the administrative actions of Commonwealth agencies including CSA. CSA must be satisfied that a customer has authorised a person to represent them in child support matters. For example, tax agents can act on behalf of a customer in relation to their taxation affairs, but would not generally represent their customers in child support matters. A customer can authorise CSA to talk to their representative on a single occasion by handing over the telephone, or give that authorisation to CSA in person. CSA will require written authorisation from the customer if the arrangement is to continue. CSA may also collect identity information for the representative, and assign an identification number, to verify the representative's identity. The best proof that a representative has a customer's authority is for the representative to produce a letter of authorisation. A letter of authorisation would preferably:
The authorisation must be current. If no period is specified, CSA will decide whether it is current based on its wording and the circumstances, such as the nature of the relationship between the representative and the customer. In so doing, CSA will consider whether the customer might reasonably expect CSA to give the representative particular information, depending on the nature of the enquiry and the nature of their relationship. For example, the name of the customer's employer or the customer's address would be particularly sensitive and irrelevant to satisfying any inquiry. In some circumstances the customer may not be able to sign an authority (e.g. if the customer has a physical or mental incapacity that means they are unable to deal with their own affairs) but the representative must still be able to satisfy CSA that they are responsible for the customer's affairs. A medical certificate or a statutory declaration signed by the representative may be appropriate. CSA will accept that a Member of Parliament (or a member of their electorate staff) is authorised by a customer to act on their behalf if they can produce written authorisation. If they have no written authorisation, CSA will assume an authorisation exists if they can:
CSA:
Extent of a person's authority to act for a customer CSA will accept that a representative with ordinary authority can act for a customer in matters that do not involve negotiations, and matters limited to simple enquiries and actions. A representative with ordinary authority can:
CSA will accept that the customer's solicitor or a person with the power of attorney or other legal authority can act for a customer in more complex matters. These are matters that potentially require negotiations; processes which may alter child support liability and obligations; or matters where a representative could make a decision on behalf of the customer. They include, but are not limited to:
Interpreters and telephone assistance services CSA uses interpreters and telephone assistance services to help communicate with customers where appropriate. Such services are not representing the customer, but enabling CSA and the customer to communicate better. CSA must be satisfied that any interpreter or translator is only relaying the conversation between CSA and the customer, not interposing their own views or altering the information. External Telephone Assistance Services Where the National Relay Service or Telephone Interpreter Service is used, translation only will occur. Where a customer wants a relative or friend to act as their translator, and it is clear that more than mere translation is occurring, CSA will treat that person as a customer representative, and require specific authorisation from the customer. National Relay Service The National Relay Service (NRS), operated by Australian Communication Exchange Ltd, is a service that allows people who are deaf, or have a speech, hearing or other communication impairment, to communicate with other people over the telephone. They can do this by typing a message on a keyboard of a telephone typewriter (TTY). The message is sent to a TTY at the NRS. A NRS Operator will relay the conversation between the TTY user and the voice telephone user. The NRS is bound by confidentiality and privacy principles. The NRS is contacted by the customer on their general number 133677. The NRS operator will then dial CSA, and introduce themselves. Thereafter, the operator speaks only the words of the TTY customer. Similarly, if CSA wishes to contact a customer using the NRS, CSA will call the same general number, and ask for the call to be placed to the customer. A CSA case officer contacted by a customer using the NRS should initially note the name of the NRS operator and time of the call. The officer should then proceed to establish proof of identity of the customer caller in the usual manner. Similarly, where a CSA case officer needs to contact a customer who uses NRS, CSA will call the NRS, and ask for the call to be relayed to the customer. Proof of identity procedures should then be followed once the customer has accepted the communication mode. Telephone Interpreter Service The Telephone Interpreter Service (TIS) is another service that CSA and customers use to help communicate. Providing the customer has given CSA officer consent to use the TIS to communicate and can satisfy the proof of identity requirements, CSA will deal with the customer through the TIS as it would with the customer directly. Version 1.3 Issued 27 June 2006 |
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