Social Welfare Consolidation Act 2005 section 274A

Evidence in proceedings in relation to proving unemployment by electronic communication

Section 274A deals with the evidential rules that apply when a person proves their unemployment and makes an unemployment declaration electronically (i.e. by electronic communication) for the purposes of jobseeker's benefit, jobseeker's benefit (self-employed), jobseeker's pay-related benefit, or jobseeker's allowance.

• A certificate from an authorised officer of the Minister — confirming that the electronic unemployment record was examined, that a record of the communication was made, and noting the date — is admissible as evidence in court proceedings (civil or criminal) unless the contrary is proved.
• It is presumed, unless disproved, that the electronic declaration was made by the person it purports to come from, that it relates to the period stated, and that the equipment and method of electronic communication used both operated effectively.
• Any electronic unemployment declaration made under the Act is treated as having been made in the prescribed manner for the purposes of jobseeker's benefit, jobseeker's benefit (self-employed), jobseeker's pay-related benefit, or jobseeker's allowance, and is also treated as a statement or representation for the purposes of the false statements and offences provisions in Section 251.
• A document that appears to be an authorised officer's certificate is presumed to be genuine — including the signature and the authority under which it was signed — unless the contrary is proved.