Overview

The Social Security (Administration) (Declared relevant Northern Territory areas — Various (No. 31)) Revocation Determination 2008 was enacted to address a problem arising from a change of circumstances in specific Northern Territory areas. The Determination, made under the authority of subsection 123TE(10) of the Social Security (Administration) Act 1999, revokes a previous determination issued on 23 September 2008 and scheduled to commence on 13 October 2008. The objective of the revocation is to prevent the Secretary from taking action under Division 6 of Part 3B of the Act concerning people in these areas who may be subject to the income management regime. This action was taken by the Minister for Families, Housing, Community Services and Indigenous Affairs, who acted in her own capacity and on behalf of the Minister for Education and the Minister for Employment and Workplace Relations. The revocation aims to ensure that the administration of welfare payments aligns with the altered circumstances in the specified areas.

Scope and Application

The Social Security (Administration) (Declared relevant Northern Territory areas — Various (No. 31)) Revocation Determination 2008 applies to the specific areas previously declared under a 2008 Determination which aimed to manage income for certain individuals in the Northern Territory. The revocation of this principal Determination is due to the assessment that it is no longer feasible to enforce actions under Division 6 of Part 3B of the Social Security (Administration) Act 1999 in these areas. This revocation applies to individuals in these areas who were potentially subject to the income management regime as outlined in section 123UB of the Act. The jurisdictional reach of this Determination is limited to the Commonwealth of Australia, specifically impacting the Northern Territory where the original determination was set. This instrument, which is a legislative instrument, does not extend its application through subordinate instruments, nor does it specify exclusions or exemptions beyond the revocation of the principal Determination itself. The revocation will take effect immediately after the principal Determination commences on 13 October 2008.

Key Provisions

The key provisions of the Social Security (Administration) (Declared relevant Northern Territory areas — Various (No. 31)) Revocation Determination 2008 (the Determination) are contained within subsection 123TE(10) of the Social Security (Administration) Act 1999 (the Act), which allows the Minister to revoke a determination made under subsection 123TE(1) of the Act. The Determination revokes the principal Determination, which was made on 23 September 2008 and commenced on 13 October 2008. The principal Determination listed specific areas in the Northern Territory as relevant for the purposes of the income management regime under section 123UB of the Act. The Determination revokes this principal Determination, effectively nullifying its provisions and any associated actions that could be taken in the declared areas from the date of its commencement, which is immediately after the principal Determination comes into force. The Act imposes several obligations on the parties it governs. The Minister for Families, Housing, Community Services and Indigenous Affairs is responsible for making the Determination under the Act and also acts on behalf of the Minister for Education and the Minister for Employment and Workplace Relations. The Secretary of the Department of Families, Housing, Community Services and Indigenous Affairs, along with other relevant departments, must adhere to the provisions of the Determination. The Department of Education, Employment and Workplace Relations was consulted to ensure a coordinated approach regarding welfare payments that may be subject to the income management regime. The Determination ensures that there is no longer a need for actions under Division 6 of Part 3B of the Act in the declared areas due to changed circumstances. There are no specific offences, penalties, or civil/criminal consequences outlined in the Determination itself. However, any non-compliance with the Act or its associated regulations could potentially lead to legal consequences, as the Determination is a legislative instrument. The Determination does not require a Regulatory Impact Statement or a Business Cost Calculator Figure, indicating that it is not expected to have significant compliance costs or competition impact. The Determination is not subject to the disallowance regime under section 42 of the Legislative Instruments Act 2003, as per subsection 123TE(14) of the Act.