EXPLANATORY STATEMENT
Social Security (Administration) (Declared relevant Northern Territory areas — Pirlangimpi and Putjamirra) Determination 2008
The Social Security (Administration) (Declared relevant Northern Territory area — Pirlangimpi and Putjamirra) Determination 2008 (the Determination) is made under subsection 123TE (1) 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
On 21 June 2007, the Australian Government announced a number of measures in response to the national emergency confronting the welfare of Aboriginal children in the Northern Territory.
This measure has two primary aims:
a) to stem the flow of cash that is expended on substance abuse and gambling; and
b) to ensure funds that are provided for the welfare of children are actually expended in this way.
Purpose
The purpose of the Determination is to specify that: the area known as Pirlangimpi (which is also known as Garden Point or Pularumpi) is a “declared relevant Northern Territory area” for the purposes of Part 3B of the Act; and the area known as Putjamirra (which is also known as Pirjamirra) is also a “declared relevant Northern Territory area” for the purposes of Part 3B of the Act.
The effect of the Determination is that once each area is determined to be a “declared relevant Northern Territory area” for the purposes of Part 3B of the Act, the income management regime (as set out in Part 3B of the Act) will apply to certain individuals within those areas.
The Determination commences on 14 April 2008. The Determination will still have operative effect on the day on which it is expressed to expire (i.e. 7 April 2009).
Consultation
Consultation on the Determination was undertaken with the Department of Education, Employment and Workplace Relations 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. It is not expected that any compliance costs will be incurred by business, as a result of this Determination, against the nine categories listed in the Business Compliance Cost Checklist contained in the Best Practice Regulation Handbook prepared by the Office of Best Practice Regulation.
Overview
The Social Security (Administration) (Declared relevant Northern Territory areas — Pirlangimpi and Putjamirra) Determination 2008 was enacted to address the welfare crisis among Aboriginal children in the Northern Territory, particularly in the areas of Pirlangimpi (also known as Garden Point or Pularumpi) and Putjamirra (also known as Pirjamirra). This measure was introduced to stem the misuse of welfare funds on substances and gambling, and to ensure that welfare funds are used for the intended purpose of supporting child welfare. Made under subsection 123TE(1) of the Social Security (Administration) Act 1999, the Determination was authorised by the Minister for Families, Housing, Community Services and Indigenous Affairs, in collaboration with the Minister for Education and the Minister for Employment and Workplace Relations. The primary objective of this legislation is to designate Pirlangimpi and Putjamirra as "declared relevant Northern Territory areas" for the application of the income management regime outlined in Part 3B of the Act.
Scope and Application
The Social Security (Administration) (Declared relevant Northern Territory areas — Pirlangimpi and Putjamirra) Determination 2008 applies to the specific areas of Pirlangimpi and Putjamirra in the Northern Territory, designating them as "declared relevant Northern Territory areas" under Part 3B of the Social Security (Administration) Act 1999. This application is intended to enforce the income management regime, targeting individuals within these areas to control the expenditure of welfare funds on substances and gambling, while ensuring that the funds are used for the welfare of children. The Determination, which was made under subsection 123TE(1) of the Act, involves the Minister for Families, Housing, Community Services and Indigenous Affairs, and is also attributed to the Ministers for Education and Employment and Workplace Relations. The Determination came into effect on 14 April 2008 and was set to expire on 7 April 2009, unless otherwise altered. It is designed to support the broader objectives of the Australian Government's response to the welfare crisis of Aboriginal children in the Northern Territory.
Key Provisions
The main operative sections of the Social Security (Administration) (Declared relevant Northern Territory areas — Pirlangimpi and Putjamirra) Determination 2008 (the Determination) are Sections 1 to 4. These sections specify the commencement date and the areas that are to be considered as "declared relevant Northern Territory areas" for the purposes of Part 3B of the Social Security (Administration) Act 1999 (the Act). Specifically, Section 1 states that the Determination commences on 14 April 2008, while Sections 2 and 3 declare Pirlangimpi (also known as Garden Point or Pularumpi) and Putjamirra (also known as Pirjamirra) respectively as "declared relevant Northern Territory areas". Section 4 provides that the Determination will remain in effect until 7 April 2009.
The Determination imposes obligations and requirements on certain individuals within the declared relevant Northern Territory areas. These individuals are subject to the income management regime as outlined in Part 3B of the Act. This regime is designed to ensure that welfare payments are used for the benefit of children and not for substance abuse or gambling. The Act allows the Minister to make determinations that specify areas where this regime applies, and the Determination achieves this for Pirlangimpi and Putjamirra. It also requires the relevant authorities to monitor and enforce compliance with the income management provisions within these areas.
There are no specific offences or penalties mentioned in the Determination itself; however, the Act provides for various offences and penalties related to the misuse of welfare payments. For example, under Section 123TH of the Act, a person can be subject to a penalty if they fail to comply with the income management regime. The maximum penalty for such an offence can be up to 50 penalty units, which is currently AUD 5,300, or imprisonment for a period of up to two years, or both. These penalties are enforced under the provisions of the Social Security (Administration) Act 1999, and the Determination activates these provisions within the specified areas.
The Determination also affects civil and criminal consequences for non-compliance. While the Determination itself does not outline specific civil or criminal penalties, the overarching Act allows for legal action to be taken against individuals who do not comply with the income management requirements. Such actions can include fines, legal proceedings, and other enforcement measures as stipulated by the Act. The Act's provisions ensure that the welfare of children in the specified areas is prioritised, and that welfare funds are used appropriately.