Social Security (Administration) (Declared Child Protection State – New South Wales, Queensland, South Australia and Victoria) Determination 2023

Administered by Department of Social Services

Legislation au F2023L01274 In force Legislative Instrument

Legislation content

Social Security (Administration) (Declared Child Protection State – New South Wales, Queensland, South Australia and Victoria) Determination 2023

made under section 123TF of the

Social Security (Administration) Act 1999

Compilation No. 1

Compilation date: 27 June 2026

Includes amendments: F2026L00828

About this compilation

This compilation

This is a compilation of the Social Security (Administration) (Declared Child Protection State – New South Wales, Queensland, South Australia and Victoria) Determination 2023 that shows the text of the law as amended and in force on 27 June 2026 (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. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

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.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Presentational changes

The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.

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. Any modifications affecting the law are accessible on the Register.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

3 Authority

5 Definitions

7 Declared child protection State

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

 

 

 

 

1  Name

  This instrument is the Social Security (Administration) (Declared Child Protection State – New South Wales, Queensland, South Australia and Victoria) Determination 2023.

3  Authority

  This instrument is made under section 123TF of the Social Security (Administration) Act 1999.

5  Definitions

  In this instrument:

Act means the Social Security (Administration) Act 1999.

7  Declared child protection State

  Each of New South Wales, Queensland, South Australia and Victoria is a declared child protection State for the purposes of Part 3B of the Act.

 

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.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

orig = original

am = amended

p = page(s)

amdt = amendment

para = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub‑subparagraph(s)

ch = Chapter(s)

pres = present

cl = clause(s)

prev = previous

cont. = continued

(prev…) = previously

def = definition(s)

pt = Part(s)

Dict = Dictionary

r = regulation(s)/Court rule(s)

disallowed = disallowed by Parliament

reloc = relocated

div = Division(s)

renum = renumbered

ed = editorial change

rep = repealed

exp = expires/expired or ceases/ceased to have

rs = repealed and substituted

effect

s = section(s)/subsection(s)

gaz = gazette

/rule(s)/subrule(s)/order(s)/suborder(s)

LA = Legislation Act 2003

sch = Schedule(s)

LIA = Legislative Instruments Act 2003

SLI = Select Legislative Instrument

(md) = misdescribed amendment can be given

SR = Statutory Rules

effect

sub ch = Sub‑Chapter(s)

(md not incorp) = misdescribed amendment

sub div = Subdivision(s)

cannot be given effect

sub pt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

Ord = Ordinance

 

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Social Security (Administration) (Declared Child Protection State – New South Wales, Queensland, South Australia and Victoria) Determination 2023

21 Sept 2023 (F2023L01274)

22 Sept 2023 (s 2(1) item 1)

 

Social Security (Administration) Legislation Amendment (Income Management and Enhanced Income Management) Instrument 2026

26 June 2026 (F2026L00828)

sch 1 (item 1): 27 June 2026 (s 2(1) item 1)

—

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2.....................

rep LA s 48D

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

rep F2026L00828

s 6.....................

rep LA s 48C

Schedule 1................

rep LA s 48C

 

 

Overview

The Social Security (Administration) (Declared Child Protection State – New South Wales, Queensland, South Australia and Victoria) Determination 2023 was enacted to address the need for streamlined and integrated child protection services across New South Wales, Queensland, South Australia, and Victoria. This legislative instrument was made under section 123TF of the Social Security (Administration) Act 1999 by the relevant authority, which in this case would be the Parliament or relevant legislature of Australia. The policy objective of this determination is to facilitate a cohesive approach to child protection by declaring these states as child protection states, thereby enabling better coordination and administration of social security benefits related to child protection. This determination ensures that these states can work together more effectively to provide support and safeguard the welfare of children in these regions.

Scope and Application

The Social Security (Administration) (Declared Child Protection State – New South Wales, Queensland, South Australia and Victoria) Determination 2023 is a legislative instrument made under section 123TF of the Social Security (Administration) Act 1999. This determination declares New South Wales, Queensland, South Australia, and Victoria as child protection states for the purposes of Part 3B of the Act. These states are identified as areas where there are significant child protection issues that warrant special attention under the administration of social security. The determination applies to the relevant social security laws and regulations administered by the Department of Social Services, ensuring that child protection measures are integrated into the social security framework in these states. The determination sets out the parameters and specific provisions that apply to these declared child protection states, detailing how social security services and policies are to be implemented and managed in these regions. The scope of this determination is confined to the geographic boundaries of New South Wales, Queensland, South Australia, and Victoria, thereby limiting its application to these states alone. It does not extend to other states or territories unless they are subsequently declared as child protection states under the Act. The determination is effective from 22 September 2023 and is subject to any modifications or amendments as may be provided by further legislative instruments. Any uncommenced amendments are accessible on the legislative register, and editorial changes are made in accordance with the Legislation Act 2003, ensuring that the law remains clear and accessible while maintaining its intended effect.

Key Provisions

The Social Security (Administration) (Declared Child Protection State – New South Wales, Queensland, South Australia and Victoria) Determination 2023, made under section 123TF of the Social Security (Administration) Act 1999, declares New South Wales, Queensland, South Australia, and Victoria as child protection states for the purposes of Part 3B of the Act (section 7). This determination allows the implementation of specific child protection measures in these states, such as income management strategies, which are designed to ensure that social security payments are used for the benefit of children in need of protection. Under this determination, the parties or entities it governs—primarily the Commonwealth and the relevant state governments—are required to collaborate in the administration of social security payments in these states, ensuring that the income management measures are applied effectively. This includes the sharing of information and resources, as well as the coordination of efforts to monitor and enforce compliance with the child protection measures. Failure to comply with the provisions of this determination may result in various civil and criminal consequences. For instance, penalties may be imposed on individuals who do not adhere to the income management measures, potentially including fines or other sanctions. Additionally, the determination may provide for the recovery of overpayments made under the Act, with the possibility of legal action being taken to recover such amounts. While the specific penalties for breaches are not detailed in the provided text, they would typically be set out in the relevant sections of the Social Security (Administration) Act 1999 or in related legislative instruments.

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Area of Law
Social Security Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.