Federal Register of Legislation - Australian Government

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Determinations/Social Security as made
Recipients and claimants of special benefit who are nominated visa holders are generally required to enter into a Special Benefit Activity Agreement. A Special Benefit Activity Agreement sets out the activities that a claimant or recipient must undertake in order to receive special benefit. While flexibility must be maintained to ensure that a broad range of activities can be included in an activity agreement, the Government considers that special benefit claimants and recipients should not be compelled to undertake certain activities. This Determination sets out some of those activities.
Administered by: Families, Housing, Community Services and Indigenous Affairs
Registered 08 Feb 2006
Tabling HistoryDate
Tabled HR09-Feb-2006
Tabled Senate09-Feb-2006
Date of repeal 01 Jul 2009
Repealed by Social Security (Employment Pathway Plan Requirements) (FaHCSIA) Determination 2009 (No. 1)

Social Security (Activity Agreement Requirements) (FaCSIA) Determination 2006

Social Security Act 1991

 

I, Dr Jeff Harmer, Secretary of the Department of Families, Community Services and Indigenous Affairs, make this Determination under subsection 731M(1B) of the Social Security Act 1991.

Dated             6 February                         2006

J Harmer

Dr Jeff Harmer

Secretary of the Department of Families, Community Services and Indigenous Affairs

 


1          Name of determination

This Determination is the Social Security (Activity Agreement Requirements) (FaCSIA) Determination 2006.

2          Commencement

This Determination commences on 1 July 2006.

3          Definitions

In this Determination:

Act means the Social Security Act 1991.

Note  Other words and phrases used in this Determination that are defined in the Act have the meaning given by the Act.

4          Kinds of requirements that agreements must not contain

(1)       For subsection 731M(1B) of the Act, this section applies in relation to a Special Benefit Activity Agreement under section 731L of the Act.

(2)       The agreement must not contain a requirement of any of the following kinds:

(a)       a requirement on a person:

(i)         to seek to be involved in, or to participate or otherwise be involved in, an illegal activity; or

(ii)        to undergo involuntarily psychiatric or psychological treatment; or

(iii)       to undergo involuntarily medical treatment; or

(iv)       to seek to be involved in, or to undertake, an activity outside of Australia; or

(v)        to seek work as a sex worker or to participate in, or otherwise be involved in, the sex or adult entertainment industry;

(b)       a requirement on a person to undertake, or seek to undertake, an activity of a kind that would contravene:

(i)                 a law of the Commonwealth, a State or a Territory relating to discrimination against persons; or

(ii)               a law of the Commonwealth, a State or Territory relating to occupational health and safety.

(c)        for a person who has an illness, disability or injury that has been established by medical evidence – a requirement to undertake, or seek to undertake, an activity:

(i)         that medical evidence indicates would aggravate the illness, disability or injury; or

(ii)        that, the Secretary considers does not provide appropriate support or facilities to take account of the person’s illness, disability or injury.