EXPLANATORY STATEMENT

Social Security (Administration) (Exempt Northern Territory Person) Determination 2010

Summary

The Social Security (Administration) (Exempt Northern Territory Person) Determination 2010 (‘the Determination’) is made under subsection 123UG(4) of the Social Security (Administration) Act 1999 (‘the Act’).

The purpose of the Determination is to specify a person who will be exempt from the income management regime when they would have otherwise been subject to the regime due to their connection with a declared relevant Northern Territory area.  The person that is exempted by this Determination is Mrs Julie Maminyinawuy of Galiwin’ku community in the Northern Territory.

Background

On 21 June 2007, the Australian Government announced a number of measures in response to the national emergency confronting the welfare of Aboriginal children in the Northern Territory.

This measure has two primary aims:

a)     to stem the flow of cash that is expended on substance abuse and gambling; and

b)     to ensure funds that are provided for the welfare of children are actually expended in this way.

Effect of the Determination

For the purposes of Part 3B of Act, Mrs Julie Maminyinawuy is an exempt Northern Territory person in relation to each relevant Northern Territory area.  Because of paragraph 123UB(1)(d) of the Act, Mrs Julie Maminyinawuy will, from the date of commencement of the Determination, not be subject to income management under section 123UB of the Act.

The Determination will commence on the day after it is registered on the Federal Register of Legislative Instruments.

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.

Consultation

The Department of Families, Housing, Community Services and Indigenous Affairs consulted with the Commonwealth Services Delivery Agency regarding the Determination.  Public consultation was not seen to be necessary.