Social Security (Administration) (Declared relevant Northern Territory areas - Various) Determination 2009 (No. 7)

Overview

The Social Security (Administration) (Declared relevant Northern Territory areas — Various) Determination 2009 (No. 7), enacted under the Social Security (Administration) Act 1999, was introduced to address the national emergency concerning the welfare of Aboriginal children in the Northern Territory, as declared on 21 June 2007. The primary aim of the Determination was to revoke previous declarations and establish a more refined list of areas subject to income management, specifically targeting the flow of cash towards substance abuse and gambling, while ensuring that welfare funds for children are properly utilised. This Determination was made 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, and it came into effect on 13 July 2009. The Determination, which does not require a Regulatory Impact Statement or a Business Cost Calculator Figure, specifies the expiry date as 364 days from the date of signing.

Scope and Application

The Social Security (Administration) (Declared relevant Northern Territory areas — Various) Determination 2009 (No. 7) was made under the Social Security (Administration) Act 1999 and applies to certain areas in the Northern Territory designated as 'declared relevant Northern Territory areas' for the purposes of the income management regime. This Determination revokes previous determinations and lists specific areas, which are now subject to the income management provisions under Part 3B of the Act. These provisions aim to prevent the misuse of welfare funds on substances and gambling and ensure that welfare payments for children are used for their intended purposes. The Determination applies to individuals residing in the specified areas, and its effect is to enforce the income management measures within those areas. The Determination is a legislative instrument that is not subject to disallowance under the Legislative Instruments Act 2003. The Minister made the Determination in consultation with the Department of Education, Employment and Workplace Relations to ensure a coordinated approach to welfare payments. The Determination does not have a significant regulatory impact, compliance cost, or competition impact as it is not intended to regulate business activities.

Key Provisions

The main operative sections of the Social Security (Administration) (Declared relevant Northern Territory areas — Various) Determination 2009 (No. 7) (subsections 123TE(1) and (10)) revoke four earlier determinations and establish new areas deemed to be ‘declared relevant Northern Territory areas’ for the purposes of the Social Security (Administration) Act 1999. These areas, listed in Schedule 1 of the Determination, are subject to the income management regime. This regime is designed to control the expenditure of welfare payments on substances such as alcohol and drugs, and on gambling, to ensure that funds intended for the welfare of children are actually used for this purpose. The Determination applies to certain individuals within the specified areas and it commenced on 13 July 2009. The obligations imposed by the Determination on the parties it governs include the requirement for the income management regime to be applied to individuals in the specified areas. This involves ensuring that a proportion of welfare payments is allocated to a Basic Card, which restricts spending on restricted goods and services, and ensuring that payments are used for the welfare of children and other authorised purposes. The Determination also places an obligation on the Minister to specify an expiry date for the Determination, which is set at 364 days from the date it was signed. Additionally, the Minister must have regard to certain specified matters when making the Determination, as required by subsection 123TE(5) of the Act. The Determination does not impose specific offences or penalties itself but rather operates within the framework of the Social Security (Administration) Act 1999, which outlines the consequences of non-compliance with the income management regime. Under the Act, failure to comply with the requirements of the income management regime can result in civil or criminal penalties. Civil penalties may include fines, and in more serious cases, criminal penalties can be imposed, including imprisonment. The exact penalties are determined according to the specific provisions of the Social Security (Administration) Act 1999 and any other relevant legislation. The Determination was made in response to a national emergency concerning the welfare of Aboriginal children in the Northern Territory. To ensure a coordinated approach, consultation was undertaken with the Department of Education, Employment and Workplace Relations. This consultation aimed to align the application of welfare payments with the income management regime. The Determination also notes that it is not subject to the disallowance provisions of the Legislative Instruments Act 2003, as specified in subsections 123TE(13) and (14) of the Act. This means that the Determination remains in effect unless otherwise revoked by the Minister.