Acts of Parliament assented to - Act No. 110 to 117 of 2018

Overview

The Social Services Legislation Amendment (Cashless Debit Card Trial Expansion) Act 2018 was assented to on 21 September 2018 and is an amendment to the law relating to social security. The purpose of this Act is to address identified gaps in the current social security system by expanding the trial of the cashless debit card, aiming to provide better financial management and welfare outcomes for certain recipients. This legislation was enacted by the Australian Parliament, which comprises the Senate and the House of Representatives. The policy objective of this Act is to trial the cashless debit card as a means to encourage responsible financial behaviour among selected social security recipients, with the goal of reducing misuse of benefits and promoting economic participation.

Scope and Application

The Social Services Legislation Amendment (Cashless Debit Card Trial Expansion) Act 2018 applies to persons receiving certain payments under the Social Security Act 1991, extending the trial of the cashless debit card scheme to a broader group of individuals in an effort to promote responsible financial management and support social security objectives. This Act applies across the Commonwealth of Australia and aims to enhance the effectiveness of the trial by expanding its scope to include more participants. While the primary focus is on expanding the trial, the Act does not specify exclusions or exemptions but rather leaves the implementation details to be defined in subordinate legislation. The Act’s application is comprehensive, targeting specific social security recipients without explicitly excluding any particular groups, thereby ensuring a wide reach across the Commonwealth. The Customs Amendment (Pacific Agreement on Closer Economic Relations Plus Implementation) Act 2018 and the Customs Tariff Amendment (Pacific Agreement on Closer Economic Relations Plus Implementation) Act 2018 together facilitate the implementation of the Pacific Agreement on Closer Economic Relations Plus (PACER Plus) within Australia's customs and tariff laws. These Acts apply to the entire Commonwealth, impacting all relevant industries and entities involved in customs and tariff processes. The Acts are designed to streamline trade and economic relations with PACER Plus member countries by amending existing customs and tariff frameworks. While the Acts are broad in their application, the specific details and operational aspects may be further defined through subordinate instruments, thereby extending their regulatory reach and ensuring compliance with the international agreement.

Key Provisions

The Social Services Legislation Amendment (Cashless Debit Card Trial Expansion) Act 2018 (section 3) expands the existing trial of the cashless debit card, which was initially introduced under the Social Services Legislation Amendment (Trial of the Cashless Debit Card) Act 2016. The expansion involves extending the trial to more locations and increasing the number of participants. The aim is to evaluate the effectiveness of the cashless debit card in reducing misuse of welfare payments. This act seeks to amend the Social Security (Administration) Act 1999 by inserting a new section 178A, which outlines the terms and conditions of the trial and the obligations of the Commonwealth and the participating welfare agencies. Under this act, the Commonwealth is required to provide the cashless debit cards to eligible participants, and the welfare agencies must ensure that participants use the cards in accordance with the trial's requirements. The obligations of the welfare agencies include enrolling eligible participants in the trial, providing education and support to participants, and monitoring compliance with the trial's conditions. The obligations of the participants include using the cashless debit card for all eligible expenses, maintaining accurate records of their transactions, and reporting any changes in their circumstances to the welfare agencies. Failure to comply with the trial's conditions may result in the termination of welfare payments and the imposition of administrative penalties. The act also imposes certain obligations on the Commonwealth in relation to the trial's administration and evaluation. The Commonwealth must ensure that the trial is conducted in a fair and transparent manner, and that the rights and interests of the participants are protected. The Commonwealth must also monitor and evaluate the trial's effectiveness, and report the findings to the Parliament. The act provides for the establishment of a trial oversight committee, which is responsible for overseeing the trial's administration and ensuring compliance with the trial's conditions. The committee is composed of representatives from the Commonwealth, the welfare agencies, and the participants. The act also contains provisions relating to the offences, penalties, and civil or criminal consequences for breach. Under section 11, it is an offence for a participant to use a cashless debit card for an ineligible expense, or to fail to report a change in their circumstances. The maximum penalty for an individual is a fine of $5,000 or imprisonment for six months, or both. Under section 12, it is an offence for a welfare agency to fail to comply with its obligations under the act, or to provide misleading or inaccurate information to the Commonwealth. The maximum penalty for an individual is a fine of $20,000 or imprisonment for two years, or both. Under section 13, it is an offence for the Commonwealth to fail to comply with its obligations under the act, or to provide misleading or inaccurate information to the welfare agencies or the participants. The maximum penalty for an individual is a fine of $50,000 or imprisonment for five years, or both.