Overview

The Social Security (Administration) (Declared relevant Northern Territory areas — Various (No. 28)) Determination 2008 was enacted to address the national emergency concerning the welfare of Aboriginal children in the Northern Territory, announced on 21 June 2007. This legislative measure was introduced to stem the misuse of funds intended for children's welfare by targeting substance abuse and gambling, ensuring that financial resources are directed towards their intended purpose. The determination was made under the authority of the Social Security (Administration) Act 1999 and involves the Ministers for Families, Housing, Community Services and Indigenous Affairs, Education, and Employment and Workplace Relations. The policy objective is to specify certain areas in the Northern Territory as "declared relevant Northern Territory areas," thereby applying the income management regime to particular individuals within these areas. The determination took effect on 28 July 2008 and remained in force until 21 July 2009. It was developed in consultation with relevant departments, including the Department of Education, Employment and Workplace Relations, to ensure a coordinated approach to welfare payments. The measure is not considered regulatory, and thus, it does not require a Regulatory Impact Statement or a Business Cost Calculator Figure. It is anticipated that the determination will have minimal compliance costs and no significant impact on business activity or competition.

Scope and Application

The Social Security (Administration) (Declared relevant Northern Territory areas — Various (No. 28)) Determination 2008 is an administrative instrument made under the Social Security (Administration) Act 1999. It specifies certain areas within the Northern Territory as "declared relevant Northern Territory areas" for the purposes of applying the income management regime outlined in Part 3B of the Act. This measure aims to ensure that welfare payments in these areas are used for the intended purpose of child welfare rather than for substance abuse or gambling. The determination applies to individuals residing within the areas listed in the Schedule to the Determination and commences on 28 July 2008, with an expiration date of 21 July 2009. The application of the income management regime is contingent on the specific areas being declared as relevant under this determination. The instrument does not impose any regulatory impacts, compliance costs, or competition impacts, nor does it require a Regulatory Impact Statement or a Business Cost Calculator Figure.

Key Provisions

The main operative sections of the Social Security (Administration) (Declared relevant Northern Territory areas — Various (No. 28) Determination 2008 (the Determination) include the declaration of certain Northern Territory areas as "declared relevant Northern Territory areas" for the purposes of Part 3B of the Social Security (Administration) Act 1999 (the Act). This declaration is made under subsection 123TE(1) of the Act and specifies that these areas will be subject to the income management regime as outlined in Part 3B (section 1). The Determination commenced on 28 July 2008 and remains effective until 21 July 2009 (section 2). This measure is designed to ensure that welfare funds are used for the intended purpose of child welfare rather than on substances and gambling. The Act imposes several obligations and requirements on the parties or entities it governs. It mandates that within the declared areas, certain individuals will have their welfare payments subject to the income management regime (section 3). This regime requires that a portion of the welfare payments be retained by the government and only a specified amount be made available to the individual, ensuring that the funds are used for the welfare of children (section 4). The Act also requires that the income management regime be enforced by the relevant authorities, ensuring compliance with the designated use of funds (section 5). Breaches of the income management regime can result in both civil and criminal consequences. Civil penalties may include fines, with the maximum penalty varying based on the severity of the breach. Criminal penalties can include imprisonment, reflecting the seriousness of diverting welfare funds away from their intended use (section 6). The Act provides that enforcement actions can be taken against individuals who fail to comply with the income management requirements, highlighting the legal obligations placed upon them (section 7). The Determination does not explicitly state the maximum penalties but references the relevant sections of the Act for further detail.