Federal Register of Legislation - Australian Government

Primary content

Determinations/Social Security as amended, taking into account amendments up to Social Security (Administration) Legislation Amendment and Repeal (Reasonable Excuse - Participation Payments) Determination 2018
Administered by: Social Services
Registered 10 Jul 2018
Start Date 01 Jul 2018
Date of repeal 01 Oct 2019
Repealed by Social Security (Reasonable Excuse – Student Payments) Determination 2019
Table of contents.

Social Security (Reasonable Excuse—Participation Payment Obligations) (DEEWR) Determination 2009 (No. 1)

made under subsections 550(2A), 550B(2A), 576(2A) and 576A(2A) of the

Social Security Act 1991

Compilation No. 3

Compilation date:                              1 July 2018

Includes amendments up to:            F2018L00783

                                               

 

 

 

 

 

 

 

 

 

About this compilation

This compilation

This is a compilation of the Social Security (Reasonable Excuse—Participation Payment Obligations) (DEEWR) Determination 2009 (No. 1) that shows the text of the law as amended and in force on 1 July 2018 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

1............ Name of determination.................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Revocation..................................................................................................................... 1

4............ Definitions..................................................................................................................... 1

5............ Matters to be taken into account in determining if a person had a reasonable excuse.... 1

Endnotes                                                                                                                                                                 3

Endnote 1—About the endnotes                                                                                                        3

Endnote 2—Abbreviation key                                                                                                            4

Endnote 3—Legislation history                                                                                                         5

Endnote 4—Amendment history                                                                                                       6

 


1  Name of determination

                   This determination is the Social Security (Reasonable Excuse—Participation Payment Obligations) (DEEWR) Determination 2009 (No. 1).

2  Commencement

                   This determination commences on 1 July 2009.

3  Revocation

                   The following instruments are revoked:

                     (a)  the Social Security (Reasonable Excuse) (DEST) Determination 2006;

                     (b)  the Social Security (Reasonable Excuse) (DEWR) Determination 2006.

4  Definitions

                   In this determination:

1991 Act means the Social Security Act 1991.

5  Matters to be taken into account in deciding whether  a person had a reasonable excuse

             (1)  For subsections 550(2A), 550B(2A), 576(2A), 576A(2A) of the 1991 Act, the matters set out in subsection (2) are matters that the Secretary must take into account in deciding whether a person has a reasonable excuse.

             (2)  The matters are:

                     (a)  that the person did not have access to safe, secure and adequate housing, or was using emergency accommodation or a refuge, at the time of the failure; and

                     (b)  the literacy and language skills of the person; and

Example for paragraph (b):

        If the person is unable to comprehend a requirement or an instruction, despite the requirement or instruction being delivered in a form that the person is most likely to comprehend.

                     (c)  an illness, impairment or condition of the person that requires treatment, including an illness that is episodic or unpredictable in nature; and

                     (d)  a cognitive or neurological impairment of the person; and

                     (e)  a psychiatric or psychological impairment or mental illness of the person; and

                      (f)  a drug or alcohol dependency of the person; and

                     (g)  unforeseen family or caring responsibilities of the person; and

                     (h)  that the person was subjected to criminal violence (including domestic violence and sexual assault); and

                      (i)  that the person was adversely affected by the death of an immediate family member or close relative; and

                      (j)  if:

                              (i)  the person has been imprisoned for a continuous period of more than 14 days; and

                             (ii)  the person has been released; and

                            (iii)  the person was released not more than 28 days before the failure was committed;

                            the person’s imprisonment or release from imprisonment.

             (3)  However, the Secretary must not take into account a matter if the Secretary is not satisfied that the matter had a significant effect on the person’s capacity to comply with the requirement, or the provision of the 1991 Act, to which the failure relates.

             (4)  Without limiting paragraph (2)(a), a person is taken not to have access to safe, secure and adequate housing if:

                     (a)  the housing to which the person has access:

                              (i)  damages, or is likely to damage, the person’s health; or

                             (ii)  threatens or is likely to threaten the person’s safety; or

                            (iii)  does not provide the person with access to a reasonable level of personal amenities or the economic and social support that housing normally affords; or

                     (b)  in the circumstances, the adequacy, safety, security or affordability of the housing to which the person has access is adversely affected or may be adversely affected; or

                     (c)  the person does not have a right to remain, or a reasonable expectation of being able to remain, in the housing to which the person has access.

 


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

 

o = order(s)

ad = added or inserted

Ord = Ordinance

am = amended

orig = original

amdt = amendment

par = paragraph(s)/subparagraph(s)

c = clause(s)

    /sub‑subparagraph(s)

C[x] = Compilation No. x

pres = present

Ch = Chapter(s)

prev = previous

def = definition(s)

(prev…) = previously

Dict = Dictionary

Pt = Part(s)

disallowed = disallowed by Parliament

r = regulation(s)/rule(s)

Div = Division(s)

 

exp = expires/expired or ceases/ceased to have

reloc = relocated

    effect

renum = renumbered

F = Federal Register of Legislation

rep = repealed

gaz = gazette

rs = repealed and substituted

LA = Legislation Act 2003

s = section(s)/subsection(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

(md) = misdescribed amendment can be given

Sdiv = Subdivision(s)

    effect

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

    cannot be given effect

Sub‑Ch = Sub‑Chapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

 

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Social Security (Reasonable Excuse—Participation Payment Obligations) (DEEWR) Determination 2009 (No. 1)

12 May 2009
(F2009L01803)

1 July 2009 (s 2)

 

Social Security (Reasonable Excuse —Participation Payment Obligations) (Employment) Determination 2014
(No. 1).

30 June 2014
(F2014L00887)

1 July 2014 (s 2)
Note: disallowed by the Senate on 28 August 2014 at 12.20

Social Security (Administration) Legislation Amendment and Repeal (Reasonable Excuse – Participation Payments) Determination 2018

18 June 2018 (F2018L00783)

1 July 2018 (s 2)

 

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 4........................................

am F2014L00887 (disallowed)

s 5........................................

am F2014L00887 (disallowed)

s 4 .......................................

am F2018L00783

s 5 (heading) .......................

am F2018L00783

s 5(1) ..................................

rs F2018L00783

s 5(3) ..................................

am F2018L00783