Social Security (Administration) (Declared voluntary income management areas – Western Australia) Amendment Determination 2012

Administered by Department of Social Services

Legislation au F2012L01611 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Social Security (Administration) (Declared voluntary income management areas – Western Australia) Amendment Determination 2012

 

The Social Security (Administration) (Declared voluntary income management areas – Western Australia) Amendment Determination 2012 (the Amendment Determination) is made under paragraph 123TGA(c) of the Social Security (Administration) Act 1999 (the Act).  The Minister for Families, Community Services and Indigenous Affairs is making this instrument on her own behalf and on behalf of the Minister for Employment and Workplace Relations and the Minister for Tertiary Education, Skills, Science and Research.

 

Background

 

Section 123TGA provides that the Minister may, by legislative instrument, determine that a specified State, Territory or area is a declared voluntary income management area for the purposes of Part 3B of the Act.  The Social Security (Administration) (Declared voluntary income management areas — Western Australia) Determination 2011 (the 2011 Determination’) was made under this section, specifying, by postcode, various areas of Western Australia as declared voluntary income management areas. The Western Australian government modified the postcodes in the Peel region of Western Australia prior to the creation of the 2011 Determination. These areas were referred to by their previous postcodes in the 2011 Determination. For the instrument to operate in line with the policy intent, it is necessary to amend the 2011 Determination with the updated postcodes.   

 

Purpose

 

The purpose of the Amendment Determination is to amend the 2011 Determination to insert references to the updated postcodes for the Peel region of Western Australia.

 

The effect of the Amendment Determination is to increase the declared voluntary income management area in Western Australia to ensure this area reflects the original policy intent.

 

The Determination commences on the day after it is registered.

 

Explanation of the Provisions

 

Section 1 states the name of the Determination.

 

Section 2 provides that the Determination commences on the day after it is registered.

 

Section 3 provides that Schedule 1 amends the Social Security (Administration) (Declared voluntary income management areas – Western Australia) Determination 2011.

 

Schedule 1 repeals Part 10 of Schedule 1 to the Social Security (Administration) (Declared voluntary income management areas – Western Australia) Determination 2011 regarding Peel and surrounding areas, and substitutes it with a new Part 10.

 

Consultation

 

Consultation on the Amendment Determination was undertaken with the Department of Employment and Workplace Relations, the Department of Industry, Innovation, Science, Research and Tertiary Education, and the Department of Veterans’ Affairs to ensure a co-ordinated approach in respect of welfare payments for which those departments have responsibility.

 

Regulatory Impact Analysis

 

The Determination is not regulatory in nature, will not impact on business activity and will have no, or minimal, compliance costs or competition impact.

 

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights

(Parliamentary Scrutiny) Act 2011

 

Social Security (Administration) (Declared voluntary income management areas – Western Australia) Amendment Determination 2012

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Overview of the Legislative Instrument

 

Section 123TGA provides that the Minister may, by legislative instrument, determine that a specified State, Territory or area is a declared voluntary income management area for the purposes of Part 3B of the Act.  The Social Security (Administration) (Declared voluntary income management areas — Western Australia) Determination 2011 (the 2011 Determination) was made under this section, specifying, by postcode, various areas of Western Australia as declared voluntary income management areas. 

 

The postcode designation for four of the declared areas had changed prior to the creation of the instrument. Four areas that were designated by postcode 6210 are now designated by four postcodes; 6209, 6211, 6181 and 6180.  Consequently, the Social Security (Administration) (Declared voluntary income management areas – Western Australia) Amendment Determination 2012 (the amending instrument) inserts these postcodes into the 2011 Determination. This will result in an increase in the declared voluntary income management area in Western Australia, to bring the declared area in line with the original policy intent.

 

Human rights implications

 

The amending instrument ensures the operation of voluntary income management is in line with the original policy intent. Any increase in the declared voluntary income management area is compatible with human rights.

 

Voluntary income management is an optional program available to income support recipients in the designated areas. It limits a person’s rights with their consent, and only limits a person’s human rights to the extent that it supports the enjoyment of these rights, particularly:

 

  • the right to social security under article 9 of the International Covenant on Economic Social and Cultural Rights (ICESCR). Voluntary income management ensures a person spends 50% of their social security benefit to meet their priority needs, which allows them to enjoy “essential health care, basic shelter and housing, water sanitation, foodstuffs and the most basic forms of education” as provided under article 9.

 

  • the right to an adequate standard of living under Article 11.1 ICESCR. Voluntary income management assists a person in allocating funds towards life’s essentials, such as food, rent and medical necessities which are essential to an adequate standard of living.

 

  • the right to freely determine their economic development under article 1 of the ICESCR. In assisting people to meet their priority needs, voluntary income management provides people with more financial stability, so they can better pursue their economic, social and cultural development.

 

 

 

 

 

 

 

The Hon Jenny Macklin MP, Minister for Families, Community Services and Indigenous Affairs and Minister for Disability Reform

 

 

Overview

The Social Security (Administration) (Declared voluntary income management areas – Western Australia) Amendment Determination 2012 was enacted to address the issue of outdated postcodes for certain areas in Western Australia, which had been previously designated as voluntary income management areas under the Social Security (Administration) Act 1999. This amendment was made under the authority of paragraph 123TGA(c) of the Act, and was introduced by the Minister for Families, Community Services and Indigenous Affairs, the Minister for Employment and Workplace Relations, and the Minister for Tertiary Education, Skills, Science and Research. The primary purpose of this Amendment Determination is to correct and update the postcodes for the Peel region in Western Australia, ensuring that the declared voluntary income management areas align with the original policy intent. The Determination ensures that the program of voluntary income management continues to operate effectively in accordance with human rights and the policy objectives outlined in the Act. The Social Security (Administration) (Declared voluntary income management areas – Western Australia) Amendment Determination 2012 commenced on the day after it was registered, and it amends the 2011 Determination by updating the postcodes for the Peel region of Western Australia. This change ensures that the voluntary income management program remains consistent with the policy intent, and aligns with the right to social security, adequate standard of living, and economic development under international human rights instruments. The instrument has been declared compatible with human rights and has no significant regulatory impact or compliance costs.

Scope and Application

The Social Security (Administration) (Declared voluntary income management areas – Western Australia) Amendment Determination 2012 applies to the declared voluntary income management areas in Western Australia, specifically updating the postcodes to align with the current geographic divisions. This amendment ensures that the original policy intent of designating certain areas as voluntary income management zones is accurately reflected. The amendment determination is made under the Social Security (Administration) Act 1999, with the aim of adjusting the postcodes for the Peel region to reflect recent postal service modifications. The geographic reach of this amendment is limited to Western Australia, ensuring that the legislation operates within the jurisdictional boundaries of this state. This amendment does not introduce new exclusions or thresholds but rather refines the existing framework to ensure administrative accuracy and policy coherence. The amendment determination does not extend or restrict the application of the original legislation through subordinate instruments but serves to correct a clerical oversight in the 2011 determination.

Key Provisions

The Social Security (Administration) (Declared voluntary income management areas – Western Australia) Amendment Determination 2012 (the Amendment Determination) amends the 2011 Determination to ensure that the areas designated for voluntary income management in Western Australia are accurately reflected by their current postcodes. Section 3 of the Amendment Determination repeals Part 10 of the 2011 Determination and substitutes it with a new Part 10 that includes the updated postcodes for the Peel region. This ensures that the areas covered by the voluntary income management program are consistent with the policy intent, despite changes in postcode boundaries. The Amendment Determination imposes an obligation on the relevant parties to adhere to the updated postcode boundaries specified in the instrument. This includes the Department of Families, Community Services and Indigenous Affairs, and potentially other departments involved in the administration of social security benefits in the affected areas. The update is necessary to maintain the accuracy and effectiveness of the voluntary income management program, ensuring that it operates within the correct geographical boundaries. There are no specific offences, penalties, or consequences outlined in the Amendment Determination itself, as it is primarily an administrative update. However, the underlying Social Security (Administration) Act 1999 (the Act) provides a framework for penalties and enforcement. For instance, under section 248 of the Act, failure to comply with the requirements of the Act, including those related to income management, can result in civil penalties. The maximum penalty for each contravention is specified in section 250 of the Act, which can be up to 20 penalty units, currently amounting to approximately $4,260. In criminal cases, contraventions of the Act can lead to prosecution, with penalties determined by the courts, including fines and imprisonment. The Amendment Determination is designed to ensure that the voluntary income management program operates effectively and in line with the original policy intent. By updating the postcodes, it maintains the integrity of the program and ensures that it continues to provide the intended benefits to eligible recipients in the designated areas. This amendment is not intended to impose new obligations or penalties but rather to correct an administrative oversight to better serve the program's objectives.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.