Protection of Vulnerable Owners

In certain circumstances, disclosure of particulars on the Unclaimed Money Register could increase the potential risk of harm to a person or organisation (‘the vulnerable owner’).

Payers registering unclaimed money particulars or paying money to the Treasurer under the Unclaimed Money Act 2021 can identify an owner as a ‘vulnerable owner’, which will limit the details to be published on the Unclaimed Money Register to the owner’s name and ABN (if applicable).

Guidance

‘Vulnerable owner’ is not defined under the Unclaimed Money Act 2021. However, identifying an owner as a ‘vulnerable owner’ should occur where avoiding the publication of a person’s details (their particulars) on the Unclaimed Money Register is necessary to prevent or lessen a risk of harm to the life, health or safety of the owner or some other person. This approach is consistent with the Use of Personal Information principle applied by SA Government, as described in Premier and Cabinet Circular PC 012 (item 4(8)(c)). Premier and Cabinet Circulars are available on the Department of the Premier and Cabinet website.

By way of example, it may be appropriate to identify an owner as a ‘vulnerable owner’ where:

• the existence of any relationship between the payer and the owner should not be disclosed (i.e. clients of law firms, where a person has been incarcerated); or
• the payer holds a reasonable belief that the owner is at risk due to family or domestic violence.

A ‘vulnerable owner’ status may apply to individual owners or for all owners associated with a particular payer.

It is anticipated most payers will not have sufficient information to determine an owner’s vulnerability. In this case, the payer should identify that the owner is not a vulnerable owner.

Payers must identify an owner as a ‘vulnerable owner’ or not by completing the relevant field in the lodgement template.

Where a person has been identified as a 'vulnerable owner', the information published on the register will be limited to the owner's name and ABN (if relevant).

If your ‘vulnerable owner’ selection changes over time or there are any questions or concerns regarding disclosure of particulars, please contact the Unclaimed Money Team DTFUnclaimedMoney@sa.gov.au at the Department of Treasury and Finance (DTF).