EXPLANATORY STATEMENT
Social Security (Administration) (Declared relevant Northern Territory areas — Various) Determination 2009 (No. 10)
The Social Security (Administration) (Declared relevant Northern Territory areas — Various) Determination 2009 (No. 10) (the Determination) is made under subsections 123TE (1) and (10) of the Social Security (Administration) Act 1999 (the Act). The Minister for Families, Housing, Community Services and Indigenous Affairs, as well as making the Determination in her own capacity, is also making it 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.
The income management measure has two primary aims:
(a) to stem the flow of cash that is expended on substance abuse and gambling; and
(b) to ensure that funds that are provided for the welfare of children are actually expended in this way.
Purpose
The purpose of the Determination is to revoke the following earlier determinations, made under subsection 123TE (1) of the Act:
- Social Security (Administration) (Declared relevant Northern Territory area — Laramba) Determination 2008;
- Social Security (Administration) (Declared relevant Northern Territory areas — Various (No. 32)) Determination 2008;
- Social Security (Administration) (Declared relevant Northern Territory areas — Various (No. 33)) Determination 2008.
The Determination also specifies that each area listed in the Schedule to the Determination (Schedule 1) is a ‘declared relevant Northern Territory area’ for the purposes of Part 3B of the Act. The areas listed in Schedule 1 are a more refined list of the areas (including their aliases) than were covered by the earlier Determinations.
The effect of the Determination is that, once an 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 that area.
The Determination commences on 2 October 2009. The Determination will still have operative effect on the day on which it is expressed to expire. Subsection 123TE (2) of the Act provides that a determination made under subsection 123TE (1) of the Act must specify an expiry date for the determination, in accordance with subsection 123TE (3).
This Determination expires 364 days after the date the Minister made the Determination; that is, the date it was signed.
The Determination is a legislative instrument. However, section 42 of the Legislative Instruments Act 2003 (disallowance of legislative instruments) does not apply to the Determination (subsections 123TE (13) and (14) of the Act).
In deciding whether to make the Determination, the Minister has had regard to the matters specified in subsection 123TE (5) of the Act.
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 that Department has responsibility, which may become subject to the income management regime.
Regulatory Impact Analysis
The Determination does not require a Regulatory Impact Statement 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.
Overview
The Social Security (Administration) (Declared relevant Northern Territory areas — Various) Determination 2009 (No. 10) was enacted to address the urgent welfare issues faced by Aboriginal children in the Northern Territory. Made under subsections 123TE(1) and (10) of the Social Security (Administration) Act 1999, this Determination was issued by the Minister for Families, Housing, Community Services and Indigenous Affairs, along with the Ministers for Education and Employment and Workplace Relations. The primary objective of this legislation is to refine the list of areas subject to the income management regime, ensuring that welfare funds are appropriately directed towards the welfare of children, rather than being misused on substances or gambling. The Determination revokes previous determinations and specifies more precise areas that fall under the regime, commencing on 2 October 2009 and expiring 364 days after its enactment. It is a legislative instrument exempt from the disallowance provisions of the Legislative Instruments Act 2003.
Scope and Application
The Social Security (Administration) (Declared relevant Northern Territory areas — Various) Determination 2009 (No. 10) applies to certain areas within the Northern Territory and specifies these areas as 'declared relevant Northern Territory areas' under the Social Security (Administration) Act 1999. The primary aim of this legislation is to manage income for welfare purposes, particularly targeting the prevention of funds being used for substance abuse and gambling, and ensuring that welfare funds are utilised for the benefit of children. This Determination revokes previous determinations and refines the list of areas subject to the income management regime, which is detailed in Part 3B of the Act. It is applicable to individuals residing in the specified areas listed in Schedule 1, who are subject to the income management measures. The Determination was made under the authority of the Minister for Families, Housing, Community Services and Indigenous Affairs, and also on behalf of the Minister for Education and the Minister for Employment and Workplace Relations. The instrument is effective from 2 October 2009 and will expire one year from the date of its signing. It is a legislative instrument, but the disallowance provisions of the Legislative Instruments Act 2003 do not apply to this Determination.
Key Provisions
The Social Security (Administration) (Declared relevant Northern Territory areas — Various) Determination 2009 (No. 10) under subsections 123TE(1) and (10) of the Social Security (Administration) Act 1999 (section 123TE) revokes earlier determinations concerning declared relevant Northern Territory areas. The purpose of this Determination is to specify a refined list of areas where the income management regime will apply (section 123TE(1)). These areas are detailed in Schedule 1 of the Determination and are identified as 'declared relevant Northern Territory areas' for the purposes of Part 3B of the Act (section 123TE(1)). This regime is intended to control the use of funds provided for the welfare of children, particularly to prevent them from being spent on substance abuse and gambling (section 123TE(1)).
The Determination imposes obligations on the parties it governs, primarily by identifying specific Northern Territory areas where the income management regime will be implemented (section 123TE(1)). This means that certain individuals within these declared areas are subject to the income management provisions outlined in Part 3B of the Act (section 123TE(1)). The Determination also requires consultation with the Department of Education, Employment and Workplace Relations to ensure a coordinated approach in managing welfare payments that may fall under the income management regime (section 123TE(5)).
The Determination does not explicitly outline offences, penalties, or civil/criminal consequences for breach. However, the application of the income management regime in the specified areas is intended to enforce compliance with the purposes of the Act, namely, to ensure funds are used for the welfare of children and not on prohibited activities such as substance abuse and gambling (section 123TE(1)). The Act itself would provide the framework for any potential penalties or consequences for non-compliance with these provisions. The Determination comes into effect on 2 October 2009 and will expire 364 days after the date it was signed (section 123TE(2) and (3)).