Overview

The Social Security (Administration) (Declared voluntary income management area – Northern Territory) Determination 2010 was enacted to address the need for a more accessible income management regime for welfare recipients, particularly in the Northern Territory. This Determination was made under section 123TGA of the Social Security (Administration) Act 1999 and was issued by the Minister for Families, Housing, Community Services and Indigenous Affairs, as well as on behalf of the Minister for Education and the Minister for Employment and Workplace Relations. The primary policy objective is to facilitate voluntary income management agreements by declaring the whole of the Northern Territory as a "declared voluntary income management area" under Part 3B of the Act. This enables residents to voluntarily enter into agreements where their welfare payments are managed to meet priority needs, thereby enhancing the effectiveness of welfare support mechanisms in the region.

Scope and Application

The Social Security (Administration) (Declared voluntary income management area – Northern Territory) Determination 2010 is a legislative instrument made under the Social Security (Administration) Act 1999. This Determination specifies that the whole of the Northern Territory is to be considered a 'declared voluntary income management area' for the purposes of Part 3B of the Act, which pertains to the income management regime. This regime applies to certain welfare payment recipients, whereby the Secretary of the Department of Families, Housing, Community Services and Indigenous Affairs can enter into a voluntary income management agreement with these recipients to manage their payments according to their priority needs. The agreement allows for deductions from welfare payments to be credited to an income management account, from which the Secretary can subsequently debit amounts to meet the priority needs of the person or their dependants. The Determination applies to individuals residing in the Northern Territory who are recipients of specified welfare payments and wish to enter into a voluntary income management agreement. The jurisdictional scope of this Determination is limited to the Commonwealth, specifically under the authority of the Social Security (Administration) Act 1999. There are no exclusions or exemptions specified within the text of the Determination itself, although the Act may contain such provisions. The application of this Determination may be further extended or refined through subordinate instruments made under the authority of the Act.

Key Provisions

The main operative sections of the Determination (sections 3 and 4) declare the whole of the Northern Territory as a 'declared voluntary income management area' for the purposes of Part 3B of the Social Security (Administration) Act 1999. This means that any person residing in the Northern Territory can enter into a voluntary income management agreement with the Secretary, subjecting themselves to the income management regime outlined in the Act. The commencement date of the Determination is 9 August 2010, as stated in section 5. Under the Act, the obligations imposed on the parties include the requirement for the Secretary to enter into a voluntary income management agreement with a person if certain conditions are met, such as the person's usual place of residence being within a declared voluntary income management area (section 123UM). The Secretary must then manage the person's welfare payments in accordance with the agreement, ensuring that amounts are deducted and credited to the person’s income management account as necessary (Part 3B). The person, in turn, agrees to be subject to the income management regime, allowing the Secretary to take actions to meet their priority needs or those of their dependants (section 123UFA). The Determination does not explicitly outline offences, penalties, or specific consequences for breach. However, breaches of the conditions of a voluntary income management agreement, or failure to comply with the requirements of the Act, could potentially lead to civil or criminal consequences as prescribed by the Social Security (Administration) Act 1999. These might include fines or other penalties, depending on the nature and severity of the breach. The specific penalties would be determined according to the relevant sections of the primary Act, rather than the Determination itself.