Federal Register of Legislation - Australian Government

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Determinations/Social Security as made
This Determination provides that the Northern Territory is a ‘declared child protection State or Territory’ for the purposes of Part 3B of the Social Security (Administration) Act 1999.
Administered by: Social Services
Registered 04 Aug 2010
Tabling HistoryDate
Tabled HR28-Sep-2010
Tabled Senate28-Sep-2010
Date of repeal 26 Sep 2020
Repealed by Social Security (Administration) (Declared child protection State or Territory – Northern Territory) Determination 2020

EXPLANATORY STATEMENT

 

Social Security (Administration) (Declared child protection State or Territory — Northern Territory) Determination 2010

The Social Security (Administration) (Declared child protection State or Territory – Northern Territory) Determination 2010 (the Determination) is made under section 123TF of the Social Security (Administration) Act 1999 (the Act).  The Minister for Families, Housing, Community Services and Indigenous Affairs, as well as making this instrument in her own capacity, is also making this instrument on behalf of the Minister for Education and the Minister for Employment and Workplace Relations.

Background

Part 3B of the Act establishes an income management regime that applies to recipients of certain welfare payments.  If a person is subject to the income management regime under Part 3B, the Secretary will deduct amounts from the person’s relevant welfare payments and credit those amounts to the person’s income management account.  The Secretary may then debit amounts from the person’s income management account, in accordance with Part 3B, for the purpose of taking actions directed to meeting the priority needs of the person or his or her dependants.

Subdivision A of Division 2 of Part 3B sets out the various situations in which a person is subject to the income management regime.  Section 123UC, in that Subdivision, provides that a person is subject to the income management regime at a particular time (the test time) if, amongst other things: before the test time, a child protection officer of a State or Territory has given the Secretary a written notice requiring that the person be subject to the income management regime; and, at the test time, the State or Territory is a declared child protection State or Territory.  The term ‘child protection officer’ is defined in section 123TC of the Act as an officer or employee of a State or Territory who has functions, powers or duties in relation to the care, protection or welfare of children.  The term ‘declared child protection State or Territory’ has the meaning given by section 123TF of the Act.  Section 123TF provides that the Minister may, by legislative instrument, determine that a specified State or Territory is a declared child protection State or Territory for the purposes of Part 3B of the Act.

Purpose

The purpose of this instrument is to determine that the Northern Territory is a ‘declared child protection State or Territory’ for the purposes of Part 3B of the Act.

 

The effect of the Determination is that once the Northern Territory is determined to be a declared child protection State or Territory, a child protection officer with the Northern Territory Government will be able to give the Secretary a notice, as mentioned in section 123UC of the Act, requiring a person to be subject to the income management regime.  If the various criteria in section 123UC are satisfied (including that the person, or the person’s partner, is an eligible recipient of a relevant welfare payment), a portion of the person’s relevant welfare payments will be redirected to the priority needs, such as food, clothing and shelter, of the person and his or her dependants.

The Determination commences on 9 August 2010.

Consultation

Consultation on the Determination was undertaken with the Department of Education, Employment and Workplace Relations and the Department of Veterans’ Affairs to ensure a co-ordinated approach in respect of welfare payments, for which they have responsibility, which may become subject to the income management regime.

Regulatory Impact Analysis

The Determination does not require a Regulatory Impact Statement (RIS) or a Business Cost Calculator Figure.  The Determination is not regulatory in nature, will not impact on business activity and will have no, or minimal, compliance costs or competition impact.