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You are here: ABSTUDY > 1 Introduction to ABSTUDY > 1.5 Administration

1.5 Administration

• 1.5.1 Authority for Decisions
  • 1.5.1.1 Ministerial Approval
  • 1.5.1.2 Updates
  • 1.5.1.3 Financial Controls
  • 1.5.1.4 Overpayments and Recovery
  • 1.5.1.5 Delegations
  • 1.5.1.6 Student Services
• 1.5.2 Who Administers ABSTUDY?
  • 1.5.2.1 Delivery of ABSTUDY
  • 1.5.2.2 Local Offices
  • 1.5.2.3 Matters to Refer to National Support Office
• 1.5.3 Customer Obligations
  • 1.5.3.1 Correct Information
  • 1.5.3.2 Notification of Changes
  • 1.5.3.3 Debt Recovery and Compliance
  • 1.5.3.4 Data-Matching Programme
• 1.5.4 Claims from Staff or Family
  • 1.5.4.1 Background
  • 1.5.4.2 Claim by a Member of Staff or Family Member
  • 1.5.4.3 Claim from a Centrelink Manager or Family Member
  • 1.5.4.4 Claim from Area, NSO or DEST Staff or Family Member
• 1.5.5 Officer Responsibilities
  • 1.5.5.1 Advising Members of the Public - Duty of Care
  • 1.5.5.2 Other Enquiries
  • 1.5.5.3 Freedom of Information
  • 1.5.5.4 The Privacy Act
  • 1.5.5.5 Privacy Act - Third Parties
  • 1.5.5.6 Referral to Other Authorities
  • 1.5.5.7 Claims Involving Possible Criminal Activities
• 1.5.6 Delegations
  • 1.5.6.1 Delegations Instrument
  • 1.5.6.2 Table 1 of the Schedule
  • 1.5.6.3 Table 2 of the Schedule

Introduction

This chapter provides information on the administration of ABSTUDY.

1.5.1 Authority for Decisions

1.5.1.1 Ministerial Approval

The policy of ABSTUDY, set out in this manual known as the ABSTUDY Policy Manual, has the approval of the Minister for Education, Science and Training.

1.5.1.2 Updates

Updates to the Policy Manual will be advised by DEST to Centrelink that will then advise its network. These may reflect:

• changes to ABSTUDY policy;
• clarifications of existing policy or procedures;
• additional information about existing ABSTUDY policy or procedures; and
• changes to assessment procedures in light of queries raised by Centrelink Customer Service Centres or others.

Note: Updates to the Policy manual will be advised by DEST to Centrelink that will then advise its network.

1.5.1.3 Financial Controls

Payment procedures and practices for ABSTUDY benefits, unless otherwise specified, are to be carried out in accordance with the Financial Management and Accountability Act 1997 and the Finance Regulations and Finance Directions of the Department of Finance and Administration.

1.5.1.4 Overpayments and Recovery

Provisions relating to overpayments and recovery matters, including delegations to waive or recover student assistance debts, are authorised under the Student Assistance Act 1973.

1.5.1.5 Delegations

Delegations should be carried out in accordance with the Delegations Guidelines of Centrelink and the ABSTUDY delegations listed at 1.5.6.

1.5.1.6 Student Services

ABSTUDY eligibility and entitlement decisions are usually made by officers in Centrelink Customer Service Centres. ABSTUDY processing units located in the Centrelink Customer Service Centres are authorised to approve or reject claims for ABSTUDY assistance.

1.5.2 Who Administers ABSTUDY?

1.5.2.1 Delivery of ABSTUDY

ABSTUDY is administered and delivered by Centrelink.

ABSTUDY policy remains the responsibility of the Minister for Education, Science and Training and DEST.

1.5.2.2 Local Offices

ABSTUDY services to customers at the local level, such as answering general enquiries and accepting forms, are provided by ABSTUDY processing units and other Centrelink Customer Service Centres. Customers in remote localities can also be assisted by Centrelink field officers.

1.5.2.3 Matters to Refer to National Support Office

ABSTUDY processing unit managers may refer difficult cases to National Support Office at their discretion. These referrals are to be in writing.

1.5.3 Customer Obligations

1.5.3.1 Correct Information

It is an offence to provide false or misleading information in connection with ABSTUDY.

Students who provide false or misleading information may be prosecuted in a court of law.

Where a student’s ABSTUDY is calculated on the basis of details about a parent or partner (eg, income particulars), that person can also be prosecuted for providing false or misleading information.

1.5.3.2 Notification of Changes

Applicants and/or students must advise Centrelink within fourteen days of any situation that may change their ABSTUDY payments.

1.5.3.3 Debt Recovery and Compliance

In fairness to all, it is important that ABSTUDY eligibility is checked carefully. Centrelink takes very seriously its responsibilities to make sure ABSTUDY is paid properly and to those most in need.

In addition to information and documentation required at the time of application, Centrelink conducts extensive checks on information provided by applicants. The Student Assistance Act 1973 and Data-Matching Programme (Assistance and Tax) Act 1990 gives Centrelink the power to check information relevant to ABSTUDY eligibility with:

• education institutions;
• employers; and
• other Government agencies, such as the Australian Taxation Office.

See further details in 1.5.3.4.

Centrelink’s Compliance Units contact ABSTUDY customers during the year to check on any change of circumstances that could affect ABSTUDY. Additional special-purpose checks are conducted from time to time to investigate specific eligibility and entitlement aspects in more detail.

Centrelink actively encourages the reporting of any instances where abuse of ABSTUDY is suspected. Reports can be made to the Compliance Units. The accuracy of such reports is carefully investigated before action is taken.

Where unsolicited information is provided in writing, staff should refer the letter to:

• the Compliance Support Group, Compliance, Call Centres and Privacy; or
• the relevant Centrelink Customer Service Centre for forwarding to their local Compliance Unit.

1.5.3.4 Data-Matching Programme

Under the Data-Matching Programme (Assistance and Tax) Act 1990, some information may be checked against information provided by other departments to prevent fraud and duplication of payments. These departments include:

• Australian Taxation Office;
• Department of Health and Aged Care;
• Department of Education, Science and Training;
• Department of Family and Community Services; and
• Department of Veterans' Affairs (DVA).

• employers for work history and current earnings;
• education institutions for course and enrolment details;
• financial institutions for account details;
• other areas of Centrelink; and
• other Commonwealth departments.

1.5.4 Claims from Staff or Family

1.5.4.1 Background

Centrelink is concerned to ensure that the assessment of claims from staff members or their families should avoid any conflict of interest and appearance of more or less favourable treatment or any suggestion that staff use their own expert knowledge to their own or a family member’s advantage.

Where a claim is received from a staff member or from an officer’s family member, procedures are necessary to ensure that the claim is treated fairly and in accordance with the processes applying to all other students. The following procedures in no way question or raise doubt about the integrity of individual staff members.

1.5.4.2 Claim by a Member of Staff or Family Member

Where a staff member submits a claim to the Centrelink Customer Service Centre in which s/he works, or is aware that an immediate family member, friend or person residing at the same address has done so, then:

• the staff member should notify the Centrelink Manager of the existence of the claim as soon as it is lodged;
• the staff member must not, in any way, take part in the processing or any subsequent reassessment of the claim;
• the assessment of the claim is to be endorsed by the Manager; and
• for the balance of the year, the Manager is to hold the claim in a secure place, separate from other claims held in the office.

1.5.4.3 Claim from a Centrelink Manager or Family Member

Where a Centrelink Manager submits a claim to the Centrelink Customer Service Centre which s/he manages, or is aware that an immediate family member, friend or person residing at the same address has done so, then:

• the Centrelink Manager must notify the Centrelink Area Manager, of the existence of the claim as soon as it is lodged;
• the Centrelink Manager must not, in any way, take part in the processing or any subsequent reassessment of the claim;
• the assessment of the claim is to be endorsed by the Area Manager; and
• for the balance of the year, the claim should be held in a secure place by another senior Centrelink Customer Service Officer, separate from other claims held in the office.

1.5.4.4 Claim from Area, NSO or DEST Staff or Family Member

Centrelink Area Managers and National Support Office, Student Assistance Operations staff and DEST Indigenous Education Branch staff should advise the Head of the Youth and Student Customer Segment of the existence of claims from themselves or members of their immediate family.

1.5.5 Officer Responsibilities

1.5.5.1 Advising Members of the Public - Duty of Care

Staff must take the utmost care when providing members of the public with information or advice regarding ABSTUDY eligibility and entitlement.

A formal decision about ABSTUDY can only be made after assessment of the full claim. This should be made clear to clients seeking information over the counter or by telephone.

Encourage students to apply for ABSTUDY if any doubt exists about whether they qualify for assistance. This will allow the claim to be assessed fully.

See 'Essentials Booklet No.3 - APS Values and Standards of Conduct' for more information concerning Duty of Care. It provides further details relating to the provision of advice and information. 

1.5.5.2 Other Enquiries

Enquiries regarding matters not administered by Centrelink, eg taxation matters, should be referred to the authorities concerned.

1.5.5.3 Freedom of Information

The public may request access under the Freedom of Information Act 1982 to all documents created or held by Centrelink or DEST for the purposes of managing the 2002 ABSTUDY Policy Manual. The Act contains several provisions which exempt certain categories of documents from release.

1.5.5.4 The Privacy Act

The Privacy Act 1988 requires that officers must at all times strictly observe confidentiality of information provided to the Department and Centrelink in connection with any ABSTUDY claim.

Personal information provided by ABSTUDY students or persons whose circumstances affect ABSTUDY assessment must not be released, other than:

• to verify ABSTUDY eligibility and entitlement;
• where a legal requirement exists for the information to be released;
• for the enforcement of criminal law; or
• with the consent of the person who provided the information.

1.5.5.5 Privacy Act - Third Parties

Information provided by third parties in connection with any ABSTUDY claim should not be released to another person, including the applicant, unless:

• it is understood by the third party who supplied the information that the information is likely to be released to the applicant;
• release is directed under a Freedom of Information request; or
• the third party consents to the release of the information.

An officer may, in the process of approving the Student Homeless Rate (SHR), receive advice of the following:

• sexual harassment;
• domestic violence;
• extreme family breakdown; or
• other similar unreasonable circumstances.

If the student reports the situation first to Centrelink, s/he should be advised:

• that a suitable counsellor or organisation should be approached for professional support and assessment; and
• of the legal requirements of the State/Territory in respect of reporting sexual and incestuous harassment and/or domestic violence.

If it is subsequently established that the student has been subject to incestuous harassment and there is no legal compulsion for reporting to State/Territory authorities, the matter is to be referred only with express written permission of the student.

Claims involving possible criminal activities should be treated with particular caution. If the student’s claim cannot be verified without contacting the Federal or State/Territory Authorities, the case should be referred to the delegate to determine whether such contact is necessary to support the student’s claim, for example to obtain information on criminal convictions recorded against the family member concerned.

The ABSTUDY Instrument of Authorisation is shown.

Table 1 of the Schedule to the ABSTUDY Authorisation identifies the delegations attached to functional areas and levels.

Table 2 of the Schedule to the ABSTUDY Authorisation identifies delegated powers.

 THE SCHEDULE