Social Security (Administration) (Declared relevant Northern Territory areas - Various) Determination 2010 (No. 1)

Overview

The Social Security (Administration) (Declared relevant Northern Territory areas — Various) Determination 2010 (No. 1) was enacted to address the national emergency concerning the welfare of Aboriginal children in the Northern Territory. Made under subsections 123TE(1) and (10) of the Social Security (Administration) Act 1999, this Determination was introduced by 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. Its primary purpose is to revoke earlier determinations and specify new areas subject to the income management regime, aiming to control the expenditure of welfare funds on substance abuse and gambling while ensuring that these funds are used for the intended welfare of children. The Determination came into effect on 5 February 2010, and its effect continues until it expires 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.

Scope and Application

The Social Security (Administration) (Declared relevant Northern Territory areas — Various) Determination 2010 (No. 1) is a legislative instrument made under the Social Security (Administration) Act 1999 and applies to specific individuals within certain areas of the Northern Territory. The aim of this Determination is to revoke earlier determinations and specify areas where the income management regime will apply. This regime is designed to ensure that funds provided for the welfare of children are not misused for substance abuse or gambling. The areas listed in the Schedule to the Determination are classified as 'declared relevant Northern Territory areas' for the purposes of Part 3B of the Act, and the Determination will apply to these areas from 5 February 2010 until it expires 364 days after the Minister signed it. It is important to note that this Determination is not subject to disallowance under section 42 of the Legislative Instruments Act 2003. The Determination is not regulatory in nature and will have minimal impact on business activity or compliance costs.

Key Provisions

The main operative sections of the Social Security (Administration) (Declared relevant Northern Territory areas — Various) Determination 2010 (No. 1) are Sections 1 and 2, which define the scope and purpose of the determination. Section 1 revokes two earlier determinations, made under subsection 123TE(1) of the Social Security (Administration) Act 1999, and Section 2 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. This means that once an area is determined to be a ‘declared relevant Northern Territory area’, the income management regime (as set out in Part 3B of the Act) will apply to certain individuals within that area. The Determination commenced on 5 February 2010 and expires 364 days after the date the Minister made the Determination; that is, the date it was signed. The Act imposes certain obligations and requirements on the parties or entities it governs. These include the requirement for the Minister to specify an expiry date for the determination in accordance with subsection 123TE(3) of the Act. The Minister is also required to have regard to the matters specified in subsection 123TE(5) of the Act in deciding whether to make the Determination. In addition, the Act requires consultation with the Department of Education, Employment and Workplace Relations to ensure a coordinated approach in respect of welfare payments, which may become subject to the income management regime. There are no specific offences, penalties, or civil/criminal consequences for breach mentioned in the text. However, it is worth noting that the Determination is a legislative instrument and that section 42 of the Legislative Instruments Act 2003 (disallowance of legislative instruments) does not apply to the Determination. This means that the Determination is not subject to disallowance by either House of Parliament and will remain in effect until it expires. The text does not provide information on any potential consequences for non-compliance with the requirements of the Determination. Overall, the Social Security (Administration) (Declared relevant Northern Territory areas — Various) Determination 2010 (No. 1) is a legislative instrument made under the Social Security (Administration) Act 1999. It revokes two earlier determinations and specifies that certain areas in the Northern Territory are ‘declared relevant Northern Territory areas’ for the purposes of Part 3B of the Act. The Determination imposes certain obligations and requirements on the Minister and other parties or entities governed by the Act, and will remain in effect until it expires 364 days after the date the Minister made the Determination. While the text does not provide specific information on potential penalties or consequences for breach, it is important for parties and entities governed by the Act to ensure compliance with its requirements to avoid any potential legal or financial repercussions.