Social Security (Administration) (Excluded circumstances – Queensland Commission) Specification 2014

Administered by Department of Social Services

Legislation au F2015L00002 Not in force Legislative Instrument

Legislation content

Social Security (Administration) (Excluded circumstances – Queensland Commission) Specification 2014

 

made under paragraphs 123UF(1)(d) and 123UF(2)(e) of the Social Security (Administration) Act 1999

Compilation No. 1

Compilation date:     11 April 2016

Includes amendments up to: Social Security (Administration) (Excluded circumstances – Queensland Commission) Amendment Specification 2016 (F2016L00500)

 


 

 

 

 

 

 

 

 

This compilation was prepared by the Department of Social Services.
 

About this compilation

This compilation

This is a compilation of the Social Security (Administration) (Excluded circumstances – Queensland Commission) Amendment Specification 2014 that shows the text of the law as amended and in force on 11 April 2016 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.  

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 


1  Name of Specification

  This Specification is the Social Security (Administration) (Excluded circumstances – Queensland Commission) Specification 2014.

2  Commencement

  This Specification commences on the day after it is registered.

3  Definitions

  In this Specification:

  Act means the Social Security (Administration) Act 1999;

  Aurukun area means the area of the Aurukun Shire Council;

  Coen area means the following areas:

(a)   the area shown as the Coen area on plan no. AP19403 that is:

(i)                  held by the Queensland department in which the Land Title Act 1994 (Qld) is administered; and

(ii)                in effect on the day this Specification commences; and

(b)   the areas specified in Schedule 1;

  Doomadgee area means the area of the Doomadgee Aboriginal Shire Council.

  Hope Vale area means the following areas:

(a)   the area of the Hope Vale Shire Council; and

(b)   the areas specified in Schedule 2;

  Mossman Gorge area means the area shown as the Mossman Gorge area on plan no. AP19404 that is:

(a)   held by the Queensland department in which the Land Title Act 1994 (Qld) is administered; and

(b)   in effect on the day this Specification commences;

  Welfare reform community area means the following areas:

(a)   Aurukun area;

(b)   Coen area;

(c)    Doomadgee area;

(d)   Hope Vale area; and

(d) Mossman Gorge area

 

4  Circumstance for paragraphs 123UF(1)(d) and 123UF(2)(e) of the Act

  For paragraphs 123UF(1)(d) and 123UF(2)(e) of the Act, a circumstance is that the notice was given in respect of a person where:

             (a)the person’s usual place of residence is an area other than a welfare

       reform community area; and

             (b)the person’s usual place of residence was not; and

     (i) on 1 July 2008 in the Aurukun area, Coen area, Hope Vale area

   or Mossman Gorge area; or

     (ii) on 11 April 2016 in the Doomadgee area; and

             

              (c)the person has not lived for 3 months or more:

      (i) in the Aurukun area, Coen area, Hope Vale area or Mossman Gorge                                            area since 1 July 2008; or

      (ii) in the Doomadgee area since 11 April 2016. 


(a)            

Schedule 1 – Areas specified for definition of Coen area

 

For paragraph (b) of the definition of Coen area, the following areas are specified:

(a)   area of the outstation, on lot 1 on CP894189, known as Birthday Mountains;

(b)   area of the outstation, on lot 450 on SP104554, known as Blue Mountains;

(c)   area of the outstation, on lot 3875 on PH2152, known as Glengarland;

(d)   area of the outstation, on lot 15 on SP121904, known as Kulpa;

(e)   area of the outstation, on lot 44 on NPW472, known as Langi on Mungkan Kandja National Park;

(f)     area of the outstation, on lot 3819 on PH2262, known as Meripah;

(g)   area of the outstation, on lot 10 on NPW626, known as Muuthant;

(h)   area of the outstation, on lot 13 on SD21, known as Port Stewart bottom;

(i)      area of the outstation, on lot 13 on SD21, known as Port Stewart top area of the outstation, on lot 15 on SP121904, known as Puntimu;

(j)      area of the outstation, on lot 15 on SP121904, known as Silver Plains; and

(k)   area of the outstation, on lot 17 on SP104551, known as Stony Creek.


Schedule 2 – Areas specified for definition of Hope Vale area

 

For paragraph (b) of the definition of Hope Vale area, the following areas are specified:

 

(a)    area of the outstation, on lot 66 on SP161906, known as Bonny Glen;

(b)   area of the outstation, on lot 4327 on SP142887, known as                  Gulgi-galbay; and

(c)    area of the outstation, on lot 18 on SP104580, known as Ngulan.

 

 

Notes

 

Note to the Social Security (Administration) (Excluded circumstances – Queensland Commission) Specification 2014

The Social Security (Administration) (Excluded circumstances – Queensland Commission) Amendment Specification 2014 in force under paragraphs 123UF(1)(d) and 123UF(2)(e) of the Social Security (Administration) Act 1999 as shown in this compilation are amended as indicated in the Tables below.

Table of Instruments 

Title

Registration number

Date of registration

Date of
commencement

Application, saving or
transitional provisions

Social Security (Administration) (Excluded circumstances – Queensland Commission) Specification 2014

 

Social Security (Administration) (Excluded circumstances – Queensland Commission) Amendment Specification 2016

 

F2015L00002

 

 

 

 

 

 

F2016L00500

 

2 Jan 2015

 

 

 

 

 

 

8 April 2016

3 Jan 2015

 

 

 

 

 

 

11 April 2016

 

 

 

 

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and

substituted 

Provision affected

How affected

 

Section 3 am.

Section 4 am.

 

ad. F2016L00500

ad. F2016L00500

 

 

 

 

 

Overview

The Social Security (Administration) (Excluded circumstances – Queensland Commission) Specification 2014, enacted to address specific administrative issues concerning the Queensland Commission, is a legislative instrument under the Social Security (Administration) Act 1999. This legislation was developed to refine the conditions under which certain social security notices can be excluded in particular areas of Queensland, thereby ensuring that the administration of social security benefits is effectively tailored to the needs of the local communities. The Specification was prepared by the Department of Social Services and includes definitions for specific geographic areas that are subject to these excluded circumstances. The primary objective of this legislation is to provide clarity and precision in the administration of social security by identifying certain areas and conditions under which the Queensland Commission can operate without certain administrative constraints.

Scope and Application

The Social Security (Administration) (Excluded circumstances – Queensland Commission) Specification 2014 is a legislative instrument made under the Social Security (Administration) Act 1999. This Specification applies to circumstances where the Commonwealth Government, through the Department of Social Services, delegates certain social security functions to the Queensland Commission, particularly focusing on specified areas within Queensland. It outlines conditions under which certain individuals are excluded from the delegation of these functions based on their place of residence and the duration of their residence in specific welfare reform community areas. These areas include Aurukun, Coen, Doomadgee, Hope Vale, and Mossman Gorge, each defined with specific geographic boundaries. The Specification is in force from the day after its registration and applies to individuals whose usual place of residence is not within these welfare reform community areas and who have not lived in these areas for a continuous period of three months or more since certain dates, including 1 July 2008 for Aurukun, Coen, Hope Vale, and Mossman Gorge areas, and 11 April 2016 for the Doomadgee area. The application of this Specification can be further refined through subordinate instruments, as evidenced by the subsequent Social Security (Administration) (Excluded circumstances – Queensland Commission) Amendment Specification 2016, which amends the original Specification. This Specification does not explicitly state exclusions or thresholds but operates under the conditions specified within its text and amendments. It is a Commonwealth instrument, indicating its jurisdictional reach across the national framework of Australian social security administration, specifically tailored for the state of Queensland.

Key Provisions

The Social Security (Administration) (Excluded circumstances – Queensland Commission) Specification 2014, which is made under the Social Security (Administration) Act 1999, details specific circumstances under which the Queensland Commission can exclude certain individuals from receiving social security payments. This Specification outlines the geographic areas, referred to as welfare reform community areas, where certain conditions apply to the receipt of social security benefits (Section 4). These areas include the Aurukun area, the Coen area, the Doomadgee area, the Hope Vale area, and the Mossman Gorge area. The Specification imposes obligations on individuals and the Queensland Commission. Individuals who usually reside in areas other than the welfare reform community areas and have not resided in these areas for three months or more as of specific dates (1 July 2008 or 11 April 2016) may be excluded from receiving certain social security benefits (Section 4(b)). The Queensland Commission must ensure that these conditions are met when processing applications for social security benefits, and they must provide notices to individuals who may be affected by these exclusions. Breach of the conditions set out in the Specification can result in civil or criminal consequences. While the exact penalties are not specified in the document, under the Social Security (Administration) Act 1999, penalties for fraud or other breaches can include fines and imprisonment. The Act also provides for the recovery of any benefits improperly paid, which can result in financial liability for the individual who received the benefits in breach of the Act’s provisions. The severity of penalties would depend on the specific nature and extent of the breach.

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Area of Law
Social Security Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Commencement Provisions
Reporting & Disclosure Obligations
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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.