Overview

The Social Security (Administration) (Declared relevant Northern Territory areas — Various (No. 32)) Determination 2008 was enacted in 2008 under the authority of the Social Security (Administration) Act 1999. This legislation was introduced by the Australian Government in response to a national emergency concerning the welfare of Aboriginal children in the Northern Territory, as announced on 21 June 2007. The primary objectives of this Determination are to curtail the expenditure of welfare funds on substance abuse and gambling and to ensure that these funds are used for the welfare of children. The instrument specifies certain areas in the Northern Territory as "declared relevant Northern Territory areas," thereby subjecting these regions to the income management regime outlined in Part 3B of the Act, which came into effect on 13 October 2008 and expired on 3 October 2009. Consultation on the Determination was conducted with the Department of Education, Employment and Workplace Relations to ensure a coordinated approach regarding welfare payments subject to the income management regime.

Scope and Application

The Social Security (Administration) (Declared relevant Northern Territory areas — Various (No. 32)) Determination 2008 applies to certain individuals within specific areas declared under the Social Security (Administration) Act 1999. These declared areas in the Northern Territory are designated as "declared relevant Northern Territory areas" for the purpose of enforcing the income management regime outlined in Part 3B of the Act. This regime is designed to prevent the misuse of welfare funds for substances and gambling, ensuring that such funds are used for the welfare of children. The individuals subject to this regime are those residing in the listed areas as specified in the Schedule to the Determination. The Determination, which commenced on 13 October 2008 and remains effective until 3 October 2009, is made under the authority of 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. This measure is part of the Australian Government's response to the national emergency concerning the welfare of Aboriginal children in the Northern Territory.

Key Provisions

The Social Security (Administration) (Declared relevant Northern Territory areas — Various (No. 32)) Determination 2008 (the Determination) (s. 2) is made under subsection 123TE(1) of the Social Security (Administration) Act 1999 (the Act) (s. 2). The Minister for Families, Housing, Community Services and Indigenous Affairs, as well as making this instrument in her own capacity, is also making this instrument on behalf of the Minister for Education and the Minister for Employment and Workplace Relations (s. 2). The Determination specifies that each place listed in the Schedule to the Determination is a "declared relevant Northern Territory area" for the purposes of Part 3B of the Act (s. 3(1)). This means that the income management regime, as set out in Part 3B of the Act, will apply to certain individuals within these areas (s. 3(1)). The Determination commenced on 13 October 2008 and will still have effect on the day it is expressed to expire, 3 October 2009 (s. 4). The Determination imposes obligations on the individuals subject to the income management regime in the declared relevant Northern Territory areas. These individuals are required to adhere to the income management measures set out in Part 3B of the Act (s. 3(1)). These measures are designed to stem the flow of cash that is expended on substance abuse and gambling, and to ensure that funds provided for the welfare of children are actually expended in this way (s. 3(1)). The Determination also imposes obligations on the Department of Education, Employment and Workplace Relations to coordinate with the income management regime in respect of welfare payments for which they have responsibility (s. 5). The Act provides for offences and penalties for breach of the income management regime. For example, subsection 123TF(1) of the Act provides that a person who fails to comply with a requirement of the income management regime is guilty of an offence. The maximum penalty for this offence is 12 months imprisonment or a fine of $11,000, or both (subsection 123TF(2)). Subsection 123TF(3) of the Act also provides that a person who is found to have contravened a requirement of the income management regime is liable to pay a civil penalty of up to $22,000 (subsection 123TF(3)). These penalties are intended to deter non-compliance with the income management regime and to ensure that funds are used for the intended purpose of supporting the welfare of children in the Northern Territory. In summary, the Determination specifies that each place listed in the Schedule is a "declared relevant Northern Territory area" for the purposes of Part 3B of the Act. This means that the income management regime will apply to certain individuals within these areas, imposing obligations on them to adhere to the income management measures set out in Part 3B of the Act. The Determination also imposes obligations on the Department of Education, Employment and Workplace Relations to coordinate with the income management regime in respect of welfare payments. The Act provides for offences and penalties for breach of the income management regime, with the maximum penalty for non-compliance being 12 months imprisonment or a fine of $11,000, or both. Subsection 123TF(3) of the Act also provides for a civil penalty of up to $22,000 for contravention of the income management regime.