19 MARCH NEW ZEALAND GAZETTE 975

that is obtained from the beneficiary when enrolling or re-enrolling a child in an educational establishment of a kind referred to in clause 6.3.

6.5 Restriction on type of information sought from the Health Sector

The Director-General or any delegated officer must not require any hospital, medical clinic, registered medical practitioner, nurse, midwife, or clinical psychologist, or any person that hospital, clinic, registered medical practitioner, nurse, midwife, or clinical psychologist employs, to—

a) give an opinion about whether a beneficiary is married or in a relationship in the nature of marriage; or

b) provide any information concerning any confidential communication made by any person to a registered medical practitioner, nurse, midwife, or clinical psychologist for the purpose of diagnosis or treatment.

6.6 For the avoidance of doubt, in clauses 6.5 “confidential communication” does not include any administrative details contained in any pre-admission or other administration form.

7. Enforcing compliance with section 11 requirements

7.1 No enforcement proceedings under section 11 (3) of the Act are to be commenced unless the Director-General or a delegated officer has advised the recipient of a requirement under section 11 that—

a) no person will be required to provide any information or documents that would be privileged in Court of law except as provided in section 11 (5) of the Act (which relates to financial matters connected with a law practitioner’s trust account); and

b) any person who knowingly fails to comply with a section 11 requirement or furnishes false or misleading information commits an offence and is liable upon conviction to a fine not exceeding $2,000.00.

Appendix 1

Section 11 (2) Social Security Act 1964

Purposes for Which Section 11 Requirements can be Made

(a) Determining whether a person who is receiving, or has received, or made a claim for, a benefit or payment under this Part of this Act or under the Social Welfare (Transitional Provisions) Act 1990 or under a welfare programme approved by the Minister under section 124 (1) (d) of this Act is or was entitled to receive that benefit or that payment; or

(b) Determining the rate of benefit or payment that is or was applicable to that person; or

(c) Determining whether a person who has been issued with, or has made a claim for, an entitlement card under regulations in force under section 132A of this Act, is or was entitled to be issued with that card; or

(d) Determining whether a person whose financial means are being assessed pursuant to section 69F of this Act is able to pay or contribute to the cost of the residential care disability services provided to that person, and whether a person who has been so assessed is entitled to that assessment; or

(da) Determining pursuant to section 69G of this Act, the amount that any person is required to pay towards the cost of the home-based disability support services supplied to that person, and whether a person who has been so assessed is entitled to that assessment; or

(e) Ascertaining the financial circumstances or whereabouts of any person who is indebted to the Crown under—

(i) This part of this Act; or

(ii) Sections 27I to 27ZI (except section 27X) of, and the Twentieth Schedule to, this Act (as preserved by section 256 (1) of the Child Support Act 1991); or

(iii) Section 61CA of this Act; or

(f) Discharging the Director-General’s functions under this Act or under any regulations in force under this Act or under the Social Welfare (Transitional Provisions) Act 1990 or under any welfare programme approved by the Minister under section 124 (1) (d) of this Act.

Explanatory Note:

Section 11 of the Social Security Act 1964 provides Income Support with the power to require people to provide information. Section 11 also protects information that would be privileged in court.

The use of section 11 by Income Support staff is governed by the Code of Conduct, which came into force on the 17 December 1997.

The Code promotes a balance between the protection of certain confidential relationships and the ability of Income Support to require the information needed to determine benefit entitlement. The Code was issued in consultation with the Privacy Commissioner and will be reviewed in December 1998.

The section 11 Code provides further restrictions on the types of information that can be sought from certain people, and sets out procedures to be followed when seeking information under section 11.

For Example:

• information must be requested from the beneficiary in the first instance, unless this would prejudice the maintenance of the law.

• information sought from employers is restricted to matters relating to employment and the address of the employee.

• confidential communications with people in the medical and education sector are protected.

• people in the medical or education sector cannot be asked for their opinion about a person’s relationship status.

• reasonable cause must exist before information is sought from anyone other than a bank, financial institution, lawyer or employer.