Social Security (Administration) (Declared relevant Northern Territory areas - Various) Determination 2009 (No. 12)

Overview

The Social Security (Administration) (Declared relevant Northern Territory areas — Various) Determination 2009 (No. 12) was enacted to address the welfare crisis among Aboriginal children in the Northern Territory by refining the scope of areas under the income management regime, as outlined in Part 3B of the Social Security (Administration) Act 1999. This Determination, made under the authority of the Act, revokes previous determinations to ensure that welfare funds are used for the intended purpose of child welfare rather than on substance abuse and gambling. The enactment body is the Australian Government, represented by the Minister for Families, Housing, Community Services and Indigenous Affairs, who made the Determination on behalf of other relevant ministers. The policy objective is to ensure the proper allocation of welfare funds by applying the income management regime to specific individuals in designated areas within the Northern Territory.

Scope and Application

The Social Security (Administration) (Declared relevant Northern Territory areas — Various) Determination 2009 (No. 12) is an instrument made under the Social Security (Administration) Act 1999. It serves to identify specific areas in the Northern Territory as 'declared relevant Northern Territory areas' for the purposes of Part 3B of the Act, which pertains to the income management regime. This regime is primarily aimed at curbing substance abuse and gambling and ensuring that welfare funds are appropriately used for the benefit of children. The Determination revokes earlier determinations and specifies a refined list of areas, each subject to the income management measures once declared. It applies to certain individuals residing in these designated areas and commenced on 27 November 2009, expiring 364 days after the date it was signed. Notably, the Determination is not subject to disallowance under section 42 of the Legislative Instruments Act 2003. The making of the Determination involved consultation with relevant departments and considered specified matters under the Act.

Key Provisions

The main sections of the Social Security (Administration) (Declared relevant Northern Territory areas — Various) Determination 2009 (No. 12) are concerned with the identification and classification of certain areas in the Northern Territory as 'declared relevant Northern Territory areas' under the Social Security (Administration) Act 1999 (the Act). Specifically, Section 1 of the Determination revokes three earlier determinations (sections 2(1)(a) to (c)), and Section 2 specifies that each area listed in Schedule 1 is a 'declared relevant Northern Territory area' (section 2(1)(d)). The purpose of this is to ensure that these areas fall under the purview of Part 3B of the Act, which governs the income management regime (section 1(d)). The Determination also provides details on the commencement and expiry dates (section 3(1) and (2)), and clarifies that it is a legislative instrument not subject to disallowance under the Legislative Instruments Act 2003 (section 4(1) and (2)). The obligations and requirements imposed by the Determination on the parties or entities it governs include the necessity to classify certain Northern Territory areas as 'declared relevant Northern Territory areas' and to apply the income management regime as stipulated in Part 3B of the Act. The Minister for Families, Housing, Community Services and Indigenous Affairs, along with the Minister for Education and the Minister for Employment and Workplace Relations, are responsible for making this Determination (section 1(a) to (c)). The obligation to consult with relevant departments, such as the Department of Education, Employment and Workplace Relations, to ensure a coordinated approach to welfare payments subject to the income management regime, is also highlighted (section 5). There are no specific offences, penalties, or civil/criminal consequences mentioned within the Determination itself. However, the application of the income management regime, which is activated by this Determination, could lead to compliance issues or potential penalties if not properly adhered to within the designated areas. The penalties for breaches of the income management regime are detailed in Part 3B of the Social Security (Administration) Act 1999, and can include fines and other sanctions as prescribed by the Act. The maximum penalties for breaches would depend on the specific provisions of the income management regime being contravened.