Social Security (Administration) (Ending Unemployment Non-payment Periods – Classes of Persons) (FaHCSIA) Specification 2009 (No. 1)

Administered by Department of Education

Legislation au F2009L02624 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Social Security (Administration) (Ending Unemployment Non-payment Periods– Classes of Persons) (FaHCSIA) Specification 2009 (No. 1)

 

Summary

 

The Social Security (Administration) (Ending Unemployment Non-payment Periods – Classes of Persons) (FaHCSIA) Specification (No. 1) 2009 (Specification) is made by the Secretary of the Department of Families, Housing, Community Services and Indigenous Affairs (Secretary) under subsection 42S(5) of the Social Security (Administration) Act 1999 (the Act).

 

The purpose of the Specification is to specify certain classes of people for whom an unemployment non-payment period, that was applied because the person was unemployed as a result of a voluntary act or misconduct, may be ended by the Secretary.

 

Background

 

Section 42S of the Act provides that a participation payment is not payable for a period of eight weeks where it is determined that the person is unemployed as a result of a voluntary act of the person or as a result of the person’s misconduct as an employee. Subsection 42S(4) provides that the Secretary may end a person’s unemployment non-payment period if (a) serving the non-payment period would cause the person to be in severe financial hardship; and (b) the person is in a class of persons specified by legislative instrument.

 

This Specification will only apply to special benefit recipients.  The classes of people affected by this Specification are special benefit recipients who have significant family and caring responsibilities, a medical condition, whether physical or psychological, and special benefit recipients without adequate housing. If a person is included in this Specification the Secretary will be able to end unemployment non-payment periods imposed on these vulnerable special benefit recipients.

 

Explanation of Provisions

 

Section 1 states the name of the Specification.

 

Section 2 states that the Specification commences on 1 July 2009. This corresponds with the commencement date of the amendment to the Act under which the Specification is made. The amendment is made by the Social Security Legislation Amendment (Employment Services Reform) Act 2009.

 

Section 3 contains interpretation provisions. Section 3 states that ‘dependent child’ has the meaning given by section 5 of the Social Security Act 1991 (Social Security Act). Subsections 5(2) to (9) of the Social Security Act set out when a young person, who is either under 16 years or 16 to 21 years, is a dependent child for the purposes of that Act.

 

Subsection 4(1) specifies that persons who have an illness, impairment or condition that requires treatment which the person cannot afford to pay for after they have met their essential expenses, persons who have a cognitive, neurological, psychiatric or psychological impairment or mental illness and persons who do not have access to safe, secure and adequate housing, or are using emergency accommodation or a refuge as classes of persons whose unemployment non-payment period may be ended.

 

Subsection 4(2) sets out, non-exclusively, circumstances under which a person is taken not to have access to safe, secure and adequate housing.  This definition is sourced from the Supported Accommodation Assistance Act 1991, and is intended to encompass the particular characteristics or incidents of a person’s accommodation that may adversely affect them or place them at risk.  This definition encompasses people who would be considered homeless under the definitions of primary, secondary and tertiary homelessness currently used by the Australian Bureau of Statistics but goes beyond this definition and is preferred for the purpose of the instrument because it defines homelessness by its impacts on individuals and on their capacity to meet their obligations.

 

Consultation

 

This Specification is based on the Social Security (Administration) (Ending Unemployment Non‑payment Periods – Classes of Persons) (DEEWR) Specification 2009 (No. 1) prepared by the Department of Education, Employment and Workplace Relations (DEEWR).  In developing their instrument DEEWR undertook consultation with the following organisations:

 

  • Homelessness Australia;
  • Catholic Social Services Australia;
  • Mission Australia;
  • National Employment Services Association;
  • National Welfare Rights Network;
  • Australian Council of Social Service;
  • Commonwealth Ombudsman’s office; and
  • Centrelink.

 

The organisations consulted were provided with a draft of the Instrument and

were invited to provide comments at a forum held on 12 March 2009.

 

In light of the consultation undertaken by DEEWR further consultation by the Department of Families, Housing, Community Services and Indigenous Affairs was considered unnecessary.

 

Regulatory Impact Analysis

 

This Specification does not require a Regulatory Impact Statement (RIS) nor a Business Cost Calculator Figure.  This Specification is not regulatory in nature, will not impact on business activity and will have no, or minimal, compliance costs or competition impact. 

Overview

The Social Security (Administration) (Ending Unemployment Non-payment Periods – Classes of Persons) (FaHCSIA) Specification (No. 1) 2009, enacted by the Secretary of the Department of Families, Housing, Community Services and Indigenous Affairs, was introduced to address the problem of unemployment non-payment periods imposed on special benefit recipients who are in vulnerable situations. This Specification was made under subsection 42S(5) of the Social Security (Administration) Act 1999, allowing the Secretary to end these periods for certain classes of special benefit recipients, provided that ending the period would not cause severe financial hardship to the person. This legislative instrument aims to provide relief to vulnerable individuals, such as those with significant family and caring responsibilities, a medical condition, or inadequate housing, by enabling the Secretary to terminate their unemployment non-payment periods.

Scope and Application

The Social Security (Administration) (Ending Unemployment Non-payment Periods – Classes of Persons) (FaHCSIA) Specification 2009 (No. 1) applies to special benefit recipients who are subject to an unemployment non-payment period due to being unemployed as a result of a voluntary act or misconduct. This legislation, made under the Social Security (Administration) Act 1999, allows the Secretary of the Department of Families, Housing, Community Services and Indigenous Affairs to end such non-payment periods for certain vulnerable groups, specifically those with significant family and caring responsibilities, a medical condition, or those without adequate housing. The Specification applies nationally and is effective from 1 July 2009, aligning with the amendments introduced by the Social Security Legislation Amendment (Employment Services Reform) Act 2009. While the Specification does not require a Regulatory Impact Statement, it is based on extensive consultation with various welfare and employment organisations to ensure its effectiveness and fairness.

Key Provisions

The Social Security (Administration) (Ending Unemployment Non-payment Periods – Classes of Persons) (FaHCSIA) Specification (No. 1) 2009 is an instrument made under the Social Security (Administration) Act 1999. This Specification, detailed in section 4(1), identifies specific classes of people for whom the Secretary can terminate an unemployment non-payment period. This applies to special benefit recipients who have significant family and caring responsibilities, a medical condition, or lack adequate housing. Section 4(2) clarifies that individuals without access to safe, secure, and adequate housing, or those using emergency accommodation or a refuge, also fall under these provisions. The Specification imposes on the Secretary of the Department of Families, Housing, Community Services and Indigenous Affairs the responsibility to review the cases of special benefit recipients who meet the criteria outlined in section 4. If these recipients are found to be in severe financial hardship, the Secretary has the authority to end their unemployment non-payment period, ensuring that vulnerable individuals are not further disadvantaged. This obligation aligns with the legislative intent to provide relief to those who are genuinely in need, as articulated in section 42S(4) of the Act. Breach of the provisions of this Specification does not, in itself, constitute an offence. However, misuse of the powers granted by this Specification could potentially lead to administrative or legal consequences for the Secretary or the department. The penalties for any breach would be determined by the relevant laws governing the Social Security (Administration) Act 1999, and any associated misconduct or abuse of power could result in disciplinary action, fines, or other legal repercussions as outlined under the applicable administrative or criminal laws.

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Area of Law
Social Security Law
Administrative Law
Instrument
Specification
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Exemptions & Exclusions
Administrative Discretion

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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.