Overview

The Social Security (Administration) (Declared voluntary income management areas – Western Australia) Determination 2009 (No. 1), enacted under the Social Security (Administration) Act 1999, addresses the need for a wider availability of the Voluntary Income Management initiative, building on the implementation of income management under the Northern Territory Emergency Response. This Determination was made by the Minister for Families, Housing, Community Services and Indigenous Affairs, in her own capacity and on behalf of the Minister for Education and the Minister for Employment and Workplace Relations, to facilitate the expansion of areas eligible for voluntary income management. The objective of the Determination is to revoke the earlier 2008 Determination and expand the list of declared voluntary income management areas in Western Australia by incorporating additional postcodes. This expansion aims to provide more individuals with the opportunity to voluntarily enter into agreements to be subject to the income management regime, thereby enhancing the scope of welfare support measures under Part 3B of the Act. The Determination came into effect the day after its registration, ensuring a smooth transition and continuation of the expanded voluntary income management framework.

Scope and Application

The Social Security (Administration) (Declared voluntary income management areas – Western Australia) Determination 2009 (No. 1) operates within the framework of the Social Security (Administration) Act 1999. This Determination applies to individuals residing in specified areas of Western Australia, which are designated as 'declared voluntary income management areas' for the purposes of Part 3B of the Act. These areas are defined by postcodes allocated by Australia Post, as listed in Schedule 1 to the Determination. The purpose of this instrument is to expand the list of areas eligible for voluntary income management agreements, thus enabling welfare recipients in these regions to voluntarily enter into agreements with the Secretary that subject them to the income management regime. The regime involves the Secretary deducting amounts from the person’s welfare payments and crediting them to an income management account, which can then be used to meet priority needs of the person or their dependants. The Determination revokes the earlier Social Security (Administration) (Declared voluntary income management areas – Western Australia (No. 1)) Determination 2008 and is effective from the day after its registration. The Determination does not impose regulatory requirements or significant compliance costs, as it primarily serves to facilitate the voluntary nature of income management agreements in specified areas.

Key Provisions

The main operative sections of the Social Security (Administration) (Declared voluntary income management areas – Western Australia) Determination 2009 (No. 1) include the determination of certain areas within Western Australia as declared voluntary income management areas under section 123TGA(c) of the Social Security (Administration) Act 1999 (the Act) (section 1). These areas are identified by postcodes allocated by Australia Post. The purpose of this determination is to expand the list of areas that were previously covered by the 2008 determination, which will be revoked by this current determination (section 2). Each place specified in Schedule 1 is now considered a declared voluntary income management area, enabling residents in these areas to enter into voluntary income management agreements with the Secretary under section 123UM of the Act (section 3). Under the Act, entities and individuals within the declared areas are required to adhere to the provisions set forth by the Determination. This includes the establishment of voluntary income management agreements, whereby residents can voluntarily agree to be subject to the income management regime under Part 3B of the Act (section 123UFA). For an individual to be eligible for this regime, their usual place of residence must be within one of the declared areas, and they must enter into a written agreement with the Secretary (section 123UM). This agreement allows for the Secretary to manage the individual's welfare payments to meet their priority needs or those of their dependants. The Determination outlines various obligations for the parties involved. For the Secretary, it is the duty to ensure that the income management agreements are properly managed and that payments are handled in accordance with Part 3B of the Act. For individuals entering into these agreements, the obligation is to comply with the terms of the agreement and to cooperate with the Secretary in managing their welfare payments. The Minister, on behalf of other relevant Ministers, is responsible for making this Determination under the authority granted by the Act. There are no specific offences, penalties, or consequences for breach outlined in the Determination itself. However, any breaches of the voluntary income management agreements or the Act may result in civil or criminal consequences under other provisions of the Social Security (Administration) Act 1999. These could include fines, imprisonment, or other penalties as prescribed by the relevant sections of the Act. The maximum penalties would be determined by the specific provisions of the Act that are breached.