Social Security (Administration) (Declared relevant Northern Territory areas - Various) Determination 2010 (No. 7)

Overview

The Social Security (Administration) (Declared relevant Northern Territory areas — Various) Determination 2010 (No. 7) was enacted to address the welfare crisis of Aboriginal children in the Northern Territory, a national emergency identified in 2007. This Determination, made under the Social Security (Administration) Act 1999, was issued by the Minister for Families, Housing, Community Services and Indigenous Affairs, alongside the Ministers for Education and Employment and Workplace Relations. Its primary objectives are to prevent the misuse of welfare funds for substance abuse and gambling, and to ensure that funds intended for the welfare of children are used appropriately. The Determination revokes its predecessor from 2009 and updates the list of areas subject to the income management regime, which applies to certain individuals within these declared areas. It commences on 21 June 2010 and expires 364 days after its creation, aligning with the legislative framework that mandates the specification of an expiry date for such determinations. The making of this Determination involved consultation with the Department of Education, Employment and Workplace Relations to harmonise welfare payment policies under the income management regime. The Determination does not necessitate a Regulatory Impact Statement or a Business Cost Calculator Figure, as it is not deemed to be regulatory in nature and is expected to have minimal compliance costs or competition impacts. The Minister considered the specified matters under subsection 123TE(5) of the Act when deciding to enact this Determination.

Scope and Application

The Social Security (Administration) (Declared relevant Northern Territory areas — Various) Determination 2010 (No. 7) applies to specified areas within the Northern Territory and is made under the Social Security (Administration) Act 1999. This legislation is designed to address the welfare needs of Aboriginal children by implementing an income management regime in certain regions. The determination specifies these regions as 'declared relevant Northern Territory areas' for the purposes of Part 3B of the Act, which focuses on income management. These areas are subject to stricter controls on the expenditure of welfare payments to ensure funds are used for the welfare of children rather than for substance abuse or gambling. The application of this Act is limited to the Northern Territory and is not applicable elsewhere in Australia. The Determination revokes the earlier 2009 version and refines the list of areas covered. It commences on 21 June 2010 and is set to expire 364 days after the date it was signed by the Minister. The Determination does not require a Regulatory Impact Statement or a Business Cost Calculator Figure, indicating it is not intended to impose significant regulatory, business, or competition impacts.

Key Provisions

The Social Security (Administration) (Declared relevant Northern Territory areas — Various) Determination 2010 (No. 7) (sections 1-3) revokes the previous 2009 determination and specifies that each area listed in Schedule 1 is a 'declared relevant Northern Territory area' for the purposes of Part 3B of the Social Security (Administration) Act 1999. The Determination ensures that the income management regime will apply to certain individuals in these areas. It commences on 21 June 2010 and expires 364 days after it was signed. The Determination is not subject to disallowance under the Legislative Instruments Act 2003. Under the Determination, the Minister for Families, Housing, Community Services and Indigenous Affairs, as well as the Minister for Education and the Minister for Employment and Workplace Relations, must ensure that the income management regime applies to specified individuals in the declared relevant Northern Territory areas. This involves making sure that funds provided for the welfare of children are not expended on substance abuse and gambling, and that they are actually used for the welfare of children. The relevant parties must comply with the requirements of Part 3B of the Act, which outlines the income management regime. The Determination imposes specific obligations on the relevant parties, including ensuring that the income management regime is applied correctly in the declared relevant Northern Territory areas. This involves the implementation of measures to prevent the misuse of welfare funds for substance abuse and gambling, and the enforcement of compliance with the Act. The relevant parties must also ensure that funds provided for the welfare of children are used as intended. There are potential civil and criminal consequences for breaches of the Act. Section 123TE of the Act provides that a person who contravenes an order made under section 123TE is liable to a penalty of up to 50 penalty units (currently $5,300). For a body corporate, the maximum penalty is up to 250 penalty units (currently $26,500). The Determination also provides for the imposition of fines and imprisonment for serious breaches of the Act. The exact penalties depend on the specific breach and the circumstances of the case.