Commonwealth Coat of Arms of Australia

Social Security (Administration) Amendment (Cashless Welfare) Act 2019

No. 62, 2019

An Act to amend the Social Security (Administration) Act 1999, and for related purposes

[Assented to 12 August 2019]

The Parliament of Australia enacts:

This Act is the Social Security (Administration) Amendment (Cashless Welfare) Act 2019.

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this Act	The day after this Act receives the Royal Assent.	13 August 2019

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3 Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

Social Security (Administration) Act 1999

1 Paragraphs 124PG(1)(ha) and (i)

Repeal the paragraphs, substitute:

(i) the person is not covered by a determination under subsection 124PHA(1); and

(j) the person is not covered by a determination under subsection 124PHB(3).

2 Subsections 124PG(4) to (6)

Repeal the subsections.

3 Paragraphs 124PGA(1)(ha) and (i)

Repeal the paragraphs, substitute:

(i) the person is not covered by a determination under subsection 124PHA(1); and

(j) the person is not covered by a determination under subsection 124PHB(3).

4 Subsections 124PGA(4) to (6)

Repeal the subsections.

5 Paragraphs 124PGB(1)(ha) and (i)

Repeal the paragraphs, substitute:

(i) the person is not covered by a determination under subsection 124PHA(1); and

(j) the person is not covered by a determination under subsection 124PHB(3).

6 Subsections 124PGB(4) to (6)

Repeal the subsections.

7 Paragraphs 124PGC(1)(ga) and (h)

Repeal the paragraphs, substitute:

(h) the person is not covered by a determination under subsection 124PHA(1); and

(i) the person is not covered by a determination under subsection 124PHB(3).

8 Subsections 124PGC(4) to (6)

Repeal the subsections.

9 Subdivision C of Division 2 of Part 3D

Repeal the Subdivision, substitute:

Subdivision C—When persons not subject to cashless welfare arrangements

124PHA Person’s mental, physical or emotional wellbeing at serious risk

(1) The Secretary must determine that a person is not a trial participant if the Secretary is satisfied that being a trial participant would pose a serious risk to the person’s mental, physical or emotional wellbeing.

(2) The Secretary is not required to inquire into whether a person being a trial participant would pose a serious risk to the person’s mental, physical or emotional wellbeing.

(3) The Secretary must not revoke a determination under subsection (1).

(4) A determination under subsection (1) is not a legislative instrument.

124PHB Person can responsibly manage the person’s affairs

(1) A person may apply to the Secretary to exit the trial of cashless welfare arrangements.

Form of application

(2) The application must be in a form approved by the Secretary.

Secretary’s decision on application

(3) The Secretary may determine that the person is not a trial participant if the Secretary is satisfied that:

(a) the person can demonstrate reasonable and responsible management of the person’s affairs (including financial affairs), taking into account all of the following:

(i) the interest of any children for whom the person is responsible;

(ii) whether the person was convicted of an offence against a law of the Commonwealth, a State or a Territory, or was serving a sentence of imprisonment for such an offence, at any time in the last 12 months;

(iii) risks of homelessness;

(iv) the health and safety of the person and the community;

(v) the responsibilities and circumstances of the person;

(vi) the person’s engagement in the community, including the person’s employment or efforts to obtain work; and

(b) the person satisfies any requirements determined in an instrument under subsection (6).

(4) The Secretary must give the person written notice of the Secretary’s decision on the application. If the Secretary refuses to make a determination, the notice must set out the reasons for the refusal.

(5) A determination under subsection (3) is not a legislative instrument.

Minister’s instrument

(6) The Minister may, by legislative instrument, determine requirements for the purposes of paragraph (3)(b).

(7) Before the Minister makes a determination under subsection (6), the Minister must:

(a) consult with local communities and trial participants; and

(b) have regard to any feedback received as a result of those consultations.

Reconsideration of Secretary’s determination

(8) If a health or community worker considers that it is necessary for the person who is the subject of a determination under subsection (3) to be a trial participant for medical or safety reasons, the worker may request the Secretary to reconsider the determination.

(9) If the Secretary receives such a request and the Secretary is no longer satisfied of the matters in paragraphs (3)(a) and (b), the Secretary must revoke the determination.

Person may make another application

(10) Subsection (9) does not prevent the person from making another application under subsection (1).

10 Transitional provisions

(1) If, immediately before the commencement of this item, a determination under subsection 124PG(4), 124PGA(4), 124PGB(4) or 124PGC(4) of the Social Security (Administration) Act 1999 was in force in relation to a person, then, at the commencement of this item, the Secretary is taken to have made a determination under subsection 124PHA(1) of that Act in relation to the person.

(2) If, immediately before the commencement of this item, section 124PHA of the Social Security (Administration) Act 1999 applied to a person, then, at the commencement of this item, the Secretary is taken to have made a determination under subsection 124PHB(3) of that Act in relation to the person.

(3) If, immediately before the commencement of this item, an application under subparagraph 124PHA(1)(a)(ii) or (b)(ii) of the Social Security (Administration) Act 1999 was pending, then:

(a) at the commencement of this item, the application is taken to have been made under section 124PHB of that Act; and

(b) the Secretary must decide the application in accordance with section 124PHB of that Act.