Centrepay Policy and Terms - Services Australia · Web view2016-01-22 · Centrepay Policy and Terms. Doc ID 172400601/v1. Centrepay Policy and Terms v 2.0 as at 01/07/15Page 16

Centrepay Policy and Terms

Centrepay Policy and Terms v2.0Effective from 01/07/2015


ContentsMeaning of words and terms used...................................................................................................................2Purpose of this document................................................................................................................................2The Centrepay framework................................................................................................................................3Arrangements for existing Centrepay Businesses.............................................................................................3Excluded goods and services............................................................................................................................4Centrepay Policy...............................................................................................................................................51. What is Centrepay?..............................................................................................................................52. Centrepay’s objective..........................................................................................................................53. What can be paid for using Centrepay?...............................................................................................54. What can’t be paid for using Centrepay?.............................................................................................65. How Businesses access Centrepay.......................................................................................................76. Criteria for approval to use Centrepay.................................................................................................77. Requirements for Businesses...............................................................................................................88. Possible outcomes of an application....................................................................................................99. How Customers use Centrepay to pay their bills.................................................................................910. Receiving payments through Centrepay............................................................................................1011. Order of deductions from Customer payments.................................................................................1112. Transaction fees associated with Centrepay......................................................................................1113. Change in Business ownership...........................................................................................................1114. Business withdrawal from Centrepay................................................................................................1215. Department’s withdrawal or suspension of approval for Business to use Centrepay........................1216. Centrepay assurance framework.......................................................................................................1217. Assurance checks for Business compliance........................................................................................1318. Department’s responses to non-compliance or concerns..................................................................1319. Review of departmental decisions.....................................................................................................1420. Complaints and feedback...................................................................................................................14Centrepay Terms............................................................................................................................................151. Application.........................................................................................................................................152. System availability.............................................................................................................................153. Deduction Authority..........................................................................................................................154. Information disclosed by the department.........................................................................................155. Conduct with Customers....................................................................................................................166. Conduct of Business...........................................................................................................................167. Fees....................................................................................................................................................168. Treatment of payments.....................................................................................................................169. Intellectual property..........................................................................................................................1710. Records and audit..............................................................................................................................1711. Variation to terms..............................................................................................................................1812. Indemnity...........................................................................................................................................1813. Governing law....................................................................................................................................18

The latest version of this policy and the supporting documentation can be viewed at humanservices.gov.au/centrepayorgs

Centrepay Policy and Terms v 2.0 as at 01/07/15 Page 2 of 20


Meaning of words and terms usedBusiness means an individual or organisation that provides goods or services to Customers.

Centrelink Business Online Services (CBOS) means the secure internet service through which a Business accesses Centrepay online services.

Credit Banking means the payment of periodic amounts by a Customer to a Business to be credited against future bills.

Customer Reference Number (CRN) means the government identifier used to match Customer and Business records.

Customer is a person who receives a Centrelink welfare payment.

Customer Representative is a person authorised by the Customer, or by law, to represent the Customer or manage the Customer’s affairs.

Deduction means an amount of money taken from a Customer’s welfare payment by the department, as directed by a Deduction Authority, to be paid to a Business for amounts the Customer owes.

Deduction Authority is a record of a Customer’s instruction to the department to make a Deduction and to pay it to a Business.

Excess Credit, as it applies to Credit Banking, means an amount of money that is unlikely to be required to pay a future bill.

Overpayment means an amount a Business received that was more than the amount it should have received.

Regulatory bodies are any organisations involved in the regulation of a Business.

In this document, references to approval to use Centrepay in relation to a Business, means approval of the Business by the department to:

a. offer Centrepay to its Customers as a payment option, and

b. access the Centrepay online services available through CBOS.

Purpose of this documentThis document is intended to provide department staff and Centrepay stakeholders with clear information about the Centrepay framework and how Centrepay works.

Centrepay stakeholders include:

Customers

Businesses for which Centrepay may be a payment option

Regulatory bodies, and

Community organisations.

The policy section of this document sets out:

a. how this policy applies to Businesses that were approved to use Centrepay before the date of this policy

b. what a Business should consider before applying to use Centrepay

c. the essential criteria that a Business must meet to use Centrepay

d. the requirements for any Business approved to use Centrepay

e. how a Customer may authorise Deductions

f. the types of goods or services that can and cannot be paid for with Centrepay



g. compliance actions the department may take in respect of Centrepay

h. circumstances when the department will withdraw its approval for a Business to use Centrepay, and

i. the process for reviewing decisions made by the department.

The terms component of this document sets out the conditions on which the department agrees to make Centrepay available to Businesses.

The Centrepay frameworkThe Centrepay framework consists of:

a. the policy and terms

b. the Centrepay Business Application

c. the Centrepay Procedural Guide

d. the Centrepay Deduction Authority, and

e. an approval letter, approving a Business to use Centrepay, which may contain conditions relating to that approval.

These documents excluding the approval letter and more information about Centrepay are published on the department’s website at humanservices.gov.au/centrepayorgs and may be changed at any time.

Arrangements for existing Centrepay BusinessesEach Business with a pre-existing Centrepay contract will be contacted by the department and given notice:

that its Centrepay contract will be terminated at the end of 31 August 2015; and

of the department’s decision to either approve the Business to continue to use Centrepay under this policy and terms, or not approve the Business to continue to use Centrepay, from 1 September 2015.

A Business will be taken to have agreed to and accepted the new Centrepay Policy and Terms if the Business accepts a Centrepay payment during the period 18 to 31 August 2015. The department will automatically approve these Businesses to continue to use Centrepay after 31 August without being required to make a new application. Businesses will be transitioned to the new Centrepay framework on 1 September 2015.

Businesses that do not receive a Centrepay payment during the period 18 to 31 August 2015 can also be approved to continue to use Centrepay under this policy and transition to the new Centrepay framework if:

they request to be approved to continue using Centrepay before 1 September 2015; and

the goods or services they provide are not excluded by this policy.

Each Business that is given notice of a decision to not approve the Business to continue to use Centrepay will have an opportunity to discuss the department’s decision before 1 September 2015.

Any Business which does not agree to comply with the new Centrepay Policy and Terms must contact the department before 31 August 2015 to notify that it does not wish to continue using Centrepay after that date. The department will withdraw approval for the Business to use Centrepay after 31 August 2015.


All approved Businesses are responsible for keeping up to date with any variations to the Centrepay framework. Where a Business has reservations on any aspect of the Centrepay framework, it should contact the department to discuss this or reconsider its use of Centrepay.


Excluded goods and servicesFrom 1 July 2015, no Business will be permitted to commence any new payment arrangements with Customers for any goods or services excluded by this policy.

For Businesses which were receiving Centrepay payments from Customers prior to transition to this policy for goods or services that are excluded under this policy, and are approved to continue using Centrepay after 31 August 2015: the Business will be permitted to continue to receive Centrepay payments from those Customers for those goods or services under the existing payment arrangement until no later than 30 June 2016, 12 months from the commencement of this policy. By the end of those 12 months, the Business must ensure it receives no Centrepay payments from any Customer for any goods or services excluded by this policy.

After the 12 months’ period, any Business found to be receiving Centrepay payments for excluded goods or services will be in breach of the Centrepay terms and this policy, and may have its approval to use Centrepay withdrawn.



Centrepay Policy1. What is Centrepay?

1.1. Centrepay is a voluntary bill-paying service which is free for Centrelink Customers. Through Centrepay, a Customer can authorise the department to deduct regular amounts from their welfare payments to pay their bills to a Business.

1.2. These deductions are made before the balance of the welfare payment is deposited in the Customer’s nominated bank account.

1.3. Any payment to a Business is dependent upon there being an amount available for deduction from a Customer’s welfare payment.

1.4. The department cannot therefore guarantee that any payments will be made to a Business.

1.5. Where the full expected amount is not available, a Deduction of the available amount will be made.

2. Centrepay’s objective2.1. The objective of Centrepay is to assist Customers in managing expenses which are consistent

with the purposes of their welfare payments, and reducing financial risk, by providing a facility to have regular Deductions made from their welfare payments.

3. What can be paid for using Centrepay?3.1. Deductions can be made for goods or services that are not excluded in section 4 below. The

following table sets out the categories of goods and services that are currently accepted for Centrepay.

Table 1: Categories of goods and services eligible for Centrepay Deductions

Centrepay Category Examples

Accommodation1 Real estate agent, private landlord, community or Indigenous housing, nursing/retirement home

Education and Employment Education, childcare and employment related expenses

Health Medical, cost of funerals and veterinary related expenses

Financial Products Home contents and motor vehicle insurance, special interest loans including no and low interest loans, savings plans

Legal and Professional Services

Legal, accounting and other similar professional expenses, court fines

Utilities Electricity, gas, telephone and other services

Travel and Transport Travel and transport related expenses

Household

Clothing, food provision, homecare services, household goods, lay-by. This category will include a service reason specifically for consumer leases of household goods, and a service reason for other contracts relating to household goods.

Social and Recreational Sporting activities and equipment, music lessons and other training

1 This category includes private and community housing. For public sector housing, refer to the department’s Rent Deduction Scheme.



3.2. More specific definitions of these categories can be found in the Centrepay Procedural Guide, available at humanservices.gov.au/centrepayorgs

3.3. The department may change this list at any time.

3.4. Any Business that provides a good or service that is not specifically excluded by section 4 below, but does not fall within an existing Centrepay Category, may contact the department to discuss its product or service before making an application.

4. What can’t be paid for using Centrepay?4.1. In keeping with the objective of Centrepay, the following expenses and payment arrangements

are excluded from Centrepay:

Table 2: Categories of expenses and payment arrangements excluded for Centrepay Deductions

Service Category Description

Household Goods Rental or Consumer Leases

rental or lease payments for goods, where the consumer lease is not regulated under the National Consumer Credit Protection Act 2009, i.e. the lease is for less than four months or of indefinite duration or where the lessor does not hold an Australian Credit License

Brokerspayments to any broker, arranger or similar that acts as a ‘middle man’, rather than being the provider of a Centrepay Category good or service to the Customer

Financial Products

• short term loan repayments to cash lenders, payday lenders or pawnbrokers

• credit card payments and fees • any arrangement where the Deduction would not be paid, directly

or indirectly, to the Business that provided the goods or services to the Customer. For example Part IX debt agreements and where the debt has been ‘sold’ by a Business to a debt collection agency

• commercial debt consolidation

Insurance

• income protection insurance• funeral insurance plans• life insurance• any other product where the Customer has to continue making

payments until the death of a nominated person to receive benefits

Excluded Products alcohol, tobacco products, pornographic material, gambling products or services, gift cards, vouchers or homebrew products

Hampers layby or instalments through payment plan arrangements, where the business primarily trades in hamper style goods and services

Travel and Transport vehicle leasing payments and expenses payments for taxi services or hire cars

Other

any expenses or payment arrangements that, in the department’s view:• are inconsistent with the purposes of welfare payments• have significant potential for high cost but low value goods or

services• have unfavourable clauses, or• expose customers to unacceptable risks of financial stress or

exploitation



5. How Businesses access Centrepay5.1. A Business must make an application to be approved by the department to use Centrepay.

5.2. To apply to use Centrepay, a Business must complete a Centrepay Business Application available at humanservices.gov.au/centrepayorgs, accept the Centrepay terms and agree to act in accordance with this policy.

5.3. Upon approval, Businesses will be provided access to CBOS, which is an online facility through which the Business can manage its Centrepay activities. Access to CBOS will be provided through a registration process and will allow Businesses to:

a. receive deduction and payment reconciliation reports

b. receive tax invoices

c. add, vary and/or cancel Customer deductions in accordance with the Customer’s Deduction Authority, depending on the level of access granted to the Business by the department.

5.4. If a Business wishes to add other goods and/or services under Centrepay, the Business will need to submit a new application for approval.

6. Criteria for approval to use Centrepay

6.1. To be approved and remain approved, a Business must meet all of the following essential criteria:

a. be a legal entity, or represented by a legal entity, capable of contracting with the department2

b. have an Australian Business Number, unless it is a private landlord, or an Australian Company Number

c. provide goods or services to Customers that are not excluded from Centrepay

d. provide its goods or services to Customers in Australia and have a place of business in Australia

e. warrant that it complies with all applicable Australian requirements for registration and industry regulation, licensing or accreditation in relation to its operations

f. have a complaint handling procedure to resolve complaints by Customers, and, if there is an external dispute resolution scheme for the Business’s industry, be a member of the scheme, and

g. agree to comply with:

i. this policy, and

ii. the Centrepay terms.

6.2. Meeting the essential criteria above does not entitle a Business to be approved to use Centrepay. The department will not approve a Business if, in the department’s opinion, any of the following apply:

a. the Business has not conducted, or is unlikely to conduct, its business in a lawful manner

b. the Business has not conducted, or is unlikely to conduct, its business ethically, that is, in a manner that does not take unfair advantage of Customers

2 This will exclude Businesses which are insolvent or bankrupt.



c. the Business is unlikely to fully comply with the Centrepay terms, any conditions on its approval to use Centrepay and/or the requirements of Businesses in this policy

d. making payments to the Business under Centrepay would be inconsistent with the objective of Centrepay, as set out in this policy, or

e. making payments to the Business through Centrepay would adversely affect the reputation of the department or the Australian Government.

6.3. In considering these matters, the department may:

a. consider the past behaviour of the Business, any related businesses and any officer, employee or business associate, which may require Business owners or individuals who have management control of the Business to undergo a national criminal history search

b. consider information provided by the Business, Regulatory bodies including the Australian Securities and Investments Commission, the Australian Competition and Consumer Commission and the Australian Energy Regulator, other State or Commonwealth departments or agencies, consumers or consumer groups, credit reference agencies, law enforcement agencies or community or welfare organisations

c. consider information from the department’s previous dealings with the Business or its officers, employees or business associates, or the department’s own enquiries

d. take into account whether the Business is a member of an external dispute resolution scheme, if participation in such a scheme is required or common for the type of business the Business conducts, or

e. take into account complaints made against the Business, even if the behaviour complained about has not been found to be in breach of any regulation or law by a regulatory body or a court.

6.4. The department may protect the integrity of Centrepay by refusing to give its approval to a Business. This may occur when the department cannot satisfactorily resolve uncertainty about a factual matter relevant to the approval.

6.5. The department may request further information about a Business from the Business or from other sources before completing its assessment.

6.6. If the department requires further information from a Business, this information must be provided within 28 days or the application may be rejected.

7. Requirements for Businesses7.1. Businesses approved to use Centrepay must conduct their activities in a way that is lawful,

beneficial to Customers and not detrimental to the department.

7.2. Businesses which seek approval must read and understand this policy and terms and the Centrepay Procedural Guide, and act consistently with those documents in relation to Centrepay.

7.3. In particular, a Business which has been approved must:

a. comply with the Centrepay policy and terms and any conditions attached to its approval to use Centrepay

b. comply with all laws that regulate the Business including, without limitation, consumer protection, registration, financial and privacy laws

c. at all times while approved to use Centrepay, continue to meet the criteria for approval as set out in this policy



d. notify the department, within 5 business days, of any changes to its business, contact details or business practices, including any changes in ownership or directorships or the goods or services it provides to Customers, or if any information the Business has previously provided to the department is no longer true

e. notify the department, within 5 business days, if any specified personnel or employees of the business are no longer authorised to use Centrelink’s Business Online Services on behalf of the Business

f. fully participate, at its own cost, in any audits, assurance checks, reviews or surveys related to its use of Centrepay, including through provision of information in relation to such activities

g. in the case of consumer leasing, no or low interest loan agreements and funeral expense plans, keep records of the terms on which the Business contracted with the Customer

h. behave ethically, lawfully and fairly in its dealings with Customers

i. take reasonable care to ensure there are no Overpayments or Excess Credits arising in relation to Customer’s accounts

j. not enter into contracts with Customers that restrict Customers to using Centrepay as the sole payment option. This means a Business must offer at least one other viable method of payment for Customers to pay their bills

k. not pass any Centrepay transaction fee on to the Customer, and

l. comply with the department’s administrative requirements as outlined in the Centrepay Procedural Guide at humanservices.gov.au/centrepayorgs

8. Possible outcomes of an application8.1. The department will inform the Business in writing of its decision of one of the following

outcomes:

a. approve the Business to use Centrepay on the standard Centrepay terms

b. approve the Business to use Centrepay on the standard Centrepay terms with additional conditions

c. approve the Business to use Centrepay with varied Centrepay terms, or

d. refuse to approve the Business to use Centrepay.

8.2. If the department proposes to refuse to give approval, impose additional conditions on approval or to only give approval if the Business agrees to varied Centrepay terms, the department will permit the Business a reasonable opportunity to make submissions before making a final decision.

9. How Customers use Centrepay to pay their bills9.1. Customers receiving welfare payments can have amounts deducted to pay for goods and

services, by giving the department a Deduction Authority. The department cannot make any Deductions without the authority of the Customer.

9.2. Customers can start, change, suspend or cancel a Deduction at any time.

9.3. The Customer may give a Deduction Authority:

a. directly to the department or

b. indirectly to the department through the Business on behalf of the Customer.



9.4. A Deduction Authority must be on one of the following forms:

a. a completed Centrepay the easy way to pay your bills form published on the department’s website at humanservices.gov.au/centrepay

b. the record of a Customer’s authority provided directly to the department’s Call Centre or Online Service facility, or

c. the record of a Customer’s authority provided directly to the Business’ Call Centre, Online Service facility or in writing.

9.5. All Deduction Authorities accepted by Businesses must be submitted to the department for processing via Centrelink’s Business Online Services, unless some other method has been approved by the department.

9.6. Where a Deduction Authority is given by a Customer, or a Customer’s Representative, to a Business to forward to the department:

a. the Business acts as the agent of the Customer in respect of forwarding that Deduction Authority to the department

b. the department accepts no responsibility for any delay caused by the Business in forwarding the authority to the department

c. it is the responsibility of the Business to ensure accuracy of information forwarded to the department. The department accepts no responsibility for any inaccuracy in the details of the Customer’s authority sent by the Business electronically, and

d. the department is only regarded as having received the Deduction Authority when the department actually receives the Deduction Authority, either in paper form or electronically.

9.7. There is a minimum amount for each regular Deduction. For each Deduction an end date or target amount can be specified and regular Deductions will be made until the end date or target amount has been reached.

9.8. Customers can choose to have Deductions up to the full amount of their welfare payment.

9.9. Further detailed information about the minimum deduction amount, how a Deduction Authority can be given and requirements for the storage of Deduction Authorities is contained in the Centrepay Procedural Guide available at humanservices.gov.au/centrepayorgs

10. Receiving payments through Centrepay10.1. When the department receives a Deduction Authority, the department will deduct the amount

from the Customer’s welfare payment and send it to the Business’s nominated bank account via secure, electronic transfer.

10.2. The department has no legal obligation to make Deductions and will only do so if:

a. the Customer has given the department authority to make the Deduction and payment

b. the goods or services the Customer wishes to pay for are within one of the Centrepay Categories and are not excluded by section 4 above, and

c. the Business providing the goods or services is approved to use Centrepay.



11. Order of deductions from Customer paymentsCentrelink deduction hierarchy

11.1. Centrepay Deductions are not the only amounts that may be deducted from a Customer’s welfare payment.

11.2. Centrepay Deductions are only made after other amounts are taken from the welfare payment. These include:

a. any No Show, No Pay penalty

b. any urgent payment recovery

c. any Advance Payment recovery

d. any repayments of existing debts to the department

e. any child support payments

f. tax

g. Income Management amounts

h. Rent Deduction Scheme amounts.

Centrepay deduction hierarchy

11.3. Where a Customer has multiple Centrepay Deductions coming out of their welfare payment, the Deductions will be made:

a. in any order the Customer tells the department to make the Deductions, or

b. if the Customer does not specify any order of Deductions, in the order that the Deductions were processed by the department.

11.4. If a Customer’s welfare payment will not cover all Deductions that are scheduled to be made, some Deductions may not be able to be made or only partially made. If this happens the Business and Customer will be advised.

11.5. The department has no responsibility to the Business if, for any reason, a payment is not made to the Business. The Business is responsible for collecting any underpayments from the Customer.

12. Transaction fees associated with Centrepay12.1. Businesses pay a transaction fee including GST to the department for each Deduction paid to

them.

12.2. The transaction fee is to cover the costs to the department in administering Centrepay. This fee is usually deducted from the payment made to the Business.

12.3. The department reserves the right to vary the transaction fee at any time.

12.4. A Business must not offer Centrepay as a payment option where it intends to recover the transaction fee directly from the Customer.

12.5. More information on the transaction fee is available on the department’s website at humanservices.gov.au/centrepayorgs

13. Change in Business ownership13.1. Where an approved Business notifies the department that it is transferring its operations to a

new Business, the department may assist the approved and new Businesses to transfer any Customer Deduction Authorities to the new Business if it is approved to use Centrepay.

13.2. The new Business would be required to obtain approval to use Centrepay.



14. Business withdrawal from Centrepay14.1. If a Business no longer wishes to use Centrepay, it should give the department at least 28 days’

notice in writing. This allows the Customer and the Business time to arrange an alternative method of payment before the Centrepay deductions cease, should this be necessary.

14.2. Where a Business withdraws from Centrepay, the department will:

a. stop accepting Deduction Authorities and remove the Business’ access to Centrepay electronic services, and

b. notify Customers when the Deductions have ceased.

14.3. A Business that withdraws from Centrepay will still have continuing contractual obligations to the department under the Centrepay terms.

15. Department’s withdrawal or suspension of approval for Business to use Centrepay

15.1. The department may at any time withdraw its approval for a Business to use Centrepay, impose additional conditions for the Business’s continued use, or suspend addition or payment of deductions if, in the opinion of the department, one or more of the following has occurred:

a. the Business does not fully participate in an assurance check and audit when requested by the department to do so

b. any information in the Business’s application is untrue, or is no longer true

c. the Business breaches this policy, any condition for approval or the Centrepay Terms

d. the Business has been inactive with Centrepay for a period of at least 1 year

e. there is a change in the circumstances of the Business that, in the department’s view, requires the department to reassess the Business’s suitability to use Centrepay by reapplying the approval criteria.

15.2. In the event of the above, the department will notify the Business in writing with details of the action being taken.

16. Centrepay assurance framework16.1. The department’s assurance framework for Centrepay identifies and manages internal and

external risks relating to Centrepay.

16.2. The priorities for Centrepay assurance are:

a. protecting Customers’ rights

b. maintaining the integrity of the approval process

c. safeguarding the consent and personal information of Customers

d. ensuring correct deduction amounts are applied to approved goods and services only.

16.3. The assurance framework aims to prevent misuse of Centrepay and manage the risks by:

a. educating and assisting Businesses to stay compliant with their Centrepay obligations

b. providing Customers with the information they need to be proactive in the assertion and monitoring of their rights as users of Centrepay, and

c. monitoring internal systems and conformance with policy and terms.

16.4. The department conducts assurance checks from time to time to ensure correct operation of Centrepay and conformance with the policy and terms. The assurance includes checking that:

a. Customers understand how to use Centrepay



b. processes are being followed and information is being accurately recorded

c. the right information is being correctly stored

d. appropriate safeguards are in place to prevent unauthorised access to Customer information

e. Businesses are complying with their responsibilities to Customers and the department by:

i. continuing to satisfy the essential criteria

ii. adhering to this policy, the Centrepay terms and any additional conditions

iii. meeting the department’s expectations, and

iv. in the department’s view, continuing to be suitable to use Centrepay

f. department staff are fully trained to assist Customers and Businesses.

17. Assurance checks for Business compliance17.1. Assurance checks may be initiated in response to:

a. Customer complaints and feedback

b. information received from a regulatory body or any other relevant organisation, or

c. other indications that an assurance check may be appropriate.

17.2. The department is not required to inform a Business that it has commenced an assurance check.

17.3. A Business must make documents or records available to the department upon request.

17.4. The department may as part of its assurance checks consult and share information with or obtain information from the Business or relevant stakeholders including but not limited to: regulatory bodies, other State or Commonwealth departments and agencies, consumers and consumer groups, credit reference agencies, law enforcement agencies and community/welfare organisations.

18. Department’s responses to non-compliance or concerns18.1. When conducting an assurance check, the department may suspend approval or place

temporary conditions on the Business’ use of Centrepay while the assurance check is being conducted if in the department’s view it:

a. is appropriate to protect the interests of Customers or the department; or

b. would be appropriate as part of the assurance checking process.

18.2. If a Business is found to be not compliant with its Centrepay obligations or the department has concerns about a Business’ continued approval to use Centrepay, the department has a range of potential actions it may take, including;

a. supporting the Business in meeting its obligations

b. full or partial suspension of the Centrepay service

c. imposing new terms or additional conditions upon the Business’ approval to use Centrepay

d. withdrawing approval for the Business to use Centrepay, or

e. referral to other regulatory or law enforcement bodies.



18.3. In particular, and without limiting the generality of the foregoing, the department may suspend approval of a Business if the department becomes aware that the Business is under investigation by a regulatory authority or law enforcement agency, or that enforcement proceedings have been brought against the Business by a regulatory authority or law enforcement agency.

18.4. The department will notify the Business in writing of any outcome of any assurance check that is adverse to the Business and any actions required.

18.5. The department may share its assurance findings, including information about the officers of a Business, with appropriate regulatory and government bodies.

19. Review of departmental decisions19.1. A Business may request a review of the department’s decision to:

a. refuse to approve the Business to use Centrepay

b. suspend payments or new Deduction Authorities to the Business under this policy

c. vary the Centrepay terms or impose additional conditions on the Business’ approval to use Centrepay, or

d. withdraw the Business’ approval to use Centrepay.

19.2. A request for review of a decision must be made in writing and be lodged with the department within 14 days of being notified of the decision. The request must include the reasons for seeking the review together with any information and evidence to support the request for review.

19.3. The Business will be given reasonable opportunity to make any additional written submissions to the officer reviewing the decision before a final decision is made.

19.4. The Business will be notified in writing of the review decision within 30 days of the department receiving the request for review. The review decision is final and there are no further merits or internal reviews possible.

20. Complaints and feedback20.1. The department welcomes feedback on the operation of Centrepay.

20.2. If a Customer has a complaint about an action of a Business in relation to Centrepay, the department will investigate and may undertake a compliance review and/or refer the details to relevant regulatory bodies.

20.3. If a Customer has a complaint about the quality of goods or services provided by a Business, the Customer will be referred to the Business in the first instance.

20.4. Depending on the nature of the complaint, and if it is identified as a consistent issue or the Customer has already taken the matter up with the Business, the department may investigate and/or refer the Customer to a relevant regulatory or consumer assistance body.

20.5. If a Business has a complaint about an action of the department in relation to Centrepay, the complaint can be made to the department and it will receive proper consideration and response.

20.6. The department responds to complaints received promptly. Further information including relevant Helpdesk contact details can be found at humanservices.gov.au/feedback

20.7. If you are dissatisfied with the response by the department to a complaint, further complaints can be made to other regulatory and oversight bodies including the Commonwealth Ombudsman.



Centrepay Terms1. Application

1.1. These terms are a contract between the department and the Business commencing on and from the date the department approves the Business to use Centrepay, and terminating immediately and automatically upon the department’s withdrawal of its approval for the Business to use Centrepay or voluntary withdrawal by the Business.

1.2. The department makes Centrepay available to a Business as consideration for the Business’ compliance with these terms.

1.3. Terms 8.6 and 8.7 (Treatment of Payments), 10 (Records and Audit) and 12 (Indemnity) continue after termination of the contract.

2. System availability

2.1. The department does not guarantee that the CBOS or other Centrepay online services will be available at any particular time and has no responsibilities to the Business if the services are unavailable at any time or for any reason.

3. Deduction Authority

3.1. A Deduction Authority must be provided by a Customer or the Customer’s Representative, in order for a Deduction to be made from the Customer’s payment to a Business.

3.2. Within 3 days of obtaining a Deduction Authority from a Customer or the Customer’s Representative, the Business must submit the Deduction Authority to the department by any method the business is approved to use to submit Deduction Authorities.

3.3. The Business warrants that each Deduction Authority it submits to the department is a valid Deduction Authority from the Customer or the Customer’s Representative authorising the department to make Deductions for payment to the Business.

3.4. The Business must follow the department’s requirements for the content and format of the Deduction Authority, unless the department approves alternative arrangements.

3.5. The Business must retain a copy of a Deduction Authority obtained in paper form, or a written record of a Deduction Authority obtained verbally or electronically, for a period of 2 years from the date of obtaining the Deduction Authority.

4. Information disclosed by the department

4.1. The Business must securely store all information it receives from the department.

4.2. The Business must not adopt, use or disclose a CRN for any purpose other than for a Centrepay Deduction or reconciliation purposes.



5. Conduct with Customers

5.1. The Business must not misrepresent to Customers the terms on which Centrepay is available.

5.2. When requested by a Customer, the Business must provide within a reasonable period an itemised statement of Centrepay purchases and payments by that Customer, for any period specified by the Customer within 2 years prior to the date of the request.

6. Conduct of Business

6.1. The Business warrants that it complies with all licensing, registration and regulatory requirements relevant to its business.

6.2. The Business must not represent its approval to use Centrepay in a manner that represents endorsement of the Business or its goods or services by the Australian government.

7. Fees

7.1. For each Deduction made by the department, a transaction fee is payable by the Business.

7.2. The Business must not pass on the amount of the transaction fee to a Customer as a surcharge, increased debt or reduced credit.

8. Treatment of payments

8.1. The Business must not apply Centrepay Deductions as payment for any excluded goods or services specified in the Centrepay policy.

8.2. The Business must credit the Customer’s account with the amounts deducted by the department, as notified in the department’s deduction and payment reconciliation reports to the Business, or as otherwise notified to the Business by the department.

8.3. The Business must immediately notify the department and where possible the Customer if a Centrepay payment results in an Overpayment in relation to that Customer.

8.4. If a Customer has a Credit Banking arrangement, the Business must immediately notify the Customer when it becomes aware that there is an Excess Credit on the Customer’s account and review the appropriateness of Deduction arrangements.

8.5. The Business must comply with any directions given by the department or a Customer in relation to Overpayments or Excess Credits.

8.6. Immediately upon being notified by the department, the Business must repay the department any payments made in error.

8.7. The Business must immediately contact the department to make arrangements to repay to the department any money that cannot be attributed to a specified Customer’s account.



9. Intellectual property

9.1. The Business is given a licence, for the period it is approved to use Centrepay, to use the word ‘Centrepay’ to promote Centrepay to Customers as an available method of payment.

9.2. Where the Business incorporates Centrepay as a method of payment in its promotion materials or bills or any other communication method, it must do so in a manner that is consistent with the Centrepay Standard Conventions available at humanservices.gov.au/centrepayorgs

9.3. The department may provide materials to the Business to enable it to access and use Centrepay. These materials include but are not limited to:

a. signage

b. brochures

c. software

d. technical specification documents, including private algorithms

e. access credentials or secret keys

f. equipment

g. goods

h. licence information, or

i. data stored by any means.

9.4. If the department makes any material available to the Business:

a. ownership of intellectual property rights in that material remains vested in the department at all times

b. the Business may use that material solely for the purpose of accessing and using Centrepay

c. the Business must treat all material as confidential and not make the material available to any other person or party

d. the Business must not modify, de-compile, exploit for commercial use or customise the material, and

e. the Business must not sub-license any of the material.

9.5. Upon withdrawal of approval to use Centrepay, including voluntary withdrawal from Centrepay, the Business must cease using any material for the purposes of Centrepay, including use of the word ‘Centrepay’ in any advertising.

10. Records and audit

10.1. The department, the Australian National Audit Office, the Information Commissioner or the Privacy Commissioner may conduct audits of the Business’s activities in relation to:

a. obtaining, creating, retaining and storing of Customer information necessary to validate account payments



b. the use and disclosure of Customer information including the CRNc. the Business’s use of the department’s intellectual property, including compliance

with any licenses given by the departmentd. the Business’ use of Centrepay, generally, ore. access to accounts to which payments are attributed.

10.2. The Business must make relevant records of its activities available for the conduct of any such audits.

10.3. The Business must comply with any reasonable request by the department for information that is relevant to the department’s assessment of the Business’s ongoing compliance or approval for Centrepay.

10.4. Each party will bear its own costs for any audits conducted.

11. Variation to terms

11.1. The department may, from time to time, vary these terms and publish the varied terms on its website at humanservices.gov.au/centrepayorgs

11.2. The Business is responsible for keeping up to date with any variations to these terms before accessing Centrepay.

11.3. If it does not agree to comply with these varied terms, the Business must immediately notify the department that the Business withdraws from using Centrepay.

11.4. The Business will be taken to have agreed to the varied terms if it does not withdraw from using Centrepay and continues to use Centrepay after the terms are varied.

12. Indemnity

12.1. The Business indemnifies the department for all losses incurred by the department, or any liabilities incurred by the department including legal costs on a full indemnity basis, arising from:

a. a breach of these terms by the Business

b. a breach by the Business of any additional terms or conditions agreed to by the Business, or

c. the department’s reliance on the accuracy of the details of a Deduction Authority provided by the Business to the department other than in the approved form signed by a Customer.

13. Governing law

13.1. This contract is governed by the law in force in the Australian Capital Territory and the parties submit to the non-exclusive jurisdiction of the courts of that place.


Documents

Centrepay Policy and Terms - Services Australia · Web view2016-01-22 · Centrepay Policy and Terms. Doc ID 172400601/v1. Centrepay Policy and Terms v 2.0 as at 01/07/15Page 16