EXPLANATORY STATEMENT
Social Security (Administration) — Queensland Commission (Family Responsibilities Commission) Specification 2008
The Social Security (Administration) — Queensland Commission (Family Responsibilities Commission) Specification 2008 (the Specification) is made under paragraph (b) of the definition of ‘Queensland Commission’ in section 123TC of the Social Security (Administration) Act 1999.
Purpose and operation
The purpose of the Specification is to specify the Family Responsibilities Commission, established by section 9 of the Family Responsibilities Act 2008 (the FRC Act) with effect from 28 March 2008, for the purposes of paragraph (b) of the definition of ‘Queensland Commission’ in section 123TC of the Social Security (Administration) Act 1999 (the Act).
Section 123TC of the Act defines the ‘Queensland Commission’ as a body or agency that is established by a law of Queensland and specified in a legislative instrument made by the Minister for the purposes of paragraph (b) of the definition.
The effect of the Specification is that a notice given to the Secretary (as defined in subsection 23(1) of the Social Security Act 1991) by the Family Responsibilities Commission that requires that a person be subject to the income management regime under section 123UF (in Part 3B) of the Act will be recognised as a notice given by ‘the Queensland Commission’. Under Part 3B of the Act, a person is subject to the income management regime under that Part if, amongst other things, the ‘Queensland Commission’ has given the Secretary a notice requiring the person to be subject to the income management regime.
The Specification commences on the day after it is registered on the Federal Register of Legislative Instruments. The Specification ends on 1 January 2012. (The FRC Act is expressed to expire on 1 January 2012.)
The Specification is a legislative instrument.
Background
On 21 December 2007, the Queensland Premier and the Commonwealth Minister for Families, Housing, Community Services and Indigenous Affairs committed to moving forward with welfare reform trials – including the implementation of the income management regime under Part 3B of the Act – in 4 Cape York communities: Arukun, Hope Vale, Mossman Gorge and Coen (the trial communities). The Queensland Premier introduced legislation to the Queensland Parliament on 26 February 2008 to establish the Family Responsibilities Commission (the Commission) so as to enable the trials to begin. That legislation – the FRC Act – was passed on 11 March 2008.
Family Responsibilities Commission
The Commission was established under section 9 of the FRC Act, with effect from 28 March 2008. The Commission is constituted by respected members of each of the trial communities (‘local commissioners’) and is chaired by a Commissioner with significant legal experience. The members of the Commission are appointed by the Queensland Governor-in-Council. The Commission is supported by an administrative structure operating in Cairns and in the trial communities. An advisory board, the Family Responsibilities Board (established under Part 12 of the FRC Act), oversees the operation of the Commission: the board includes a person nominated by the Commonwealth.
Operation of the Commission
The FRC Act provides that the Commission may take action in relation to a person if the person is a ‘community member’ (as defined in section 7 of the FRC Act, including an assessment of whether the person is a ‘welfare recipient’ as defined in section 8 of the FRC Act) and an ‘agency notice’ (as defined in the Schedule to the FRC Act) has been given to the Commission about the person. A ‘community member’ includes a person whose usual place of residence is in a trial community. A ‘welfare recipient’ is a person who is a participant in the CDEP Scheme, or who is an eligible recipient of certain welfare payments that reflect the payments specified in section 123UF of the Act. An ‘agency notice’ is a notice about a matter relating to the person, including a notice about: child protection matters; criminal justice matters; the education of a dependant of the person; or housing and tenancy matters.
Directing that a person be subject to the income management regime under Part 3B of the Act is only one of the actions that the Commission may take. The FRC Act also gives the Commission the power to: decide to take no action about a matter; give a person a ‘warning’ or reprimand about a matter; recommend that a person attend a community support service; enter into an agreement with a person under which the person must attend a community support service or becomes subject to the income management regime under the Act; and order that a person attend a community support service or be subject to the income management regime under the Act.
The FRC Act provides for the Commission to deal with matters in a way that facilitates early intervention, supports the restoration of socially responsible standards of behaviour and local authority in the trial communities and makes appropriate use of community support services. The FRC Act provides the Commission to operate in a conferencing model that is intended to provide an opportunity for the Commission to work directly with individuals to change behaviours.
Consultation
Consultation on the Specification was undertaken with the Queensland Department of the Premier and Cabinet.
Regulatory Impact Analysis
The Specification does not require a Regulatory Impact Statement (RIS) or a Business Cost Calculator Figure. The Specification is not regulatory in nature, will not impact on business activity and will have no, or minimal, compliance costs or competition impact. It is not expected that any compliance costs will be incurred by business, as a result of this Specification, against the nine categories listed in the Business Compliance Cost Checklist contained in the Best Practice Regulation Handbook prepared by the Office of Best Practice Regulation.
Overview
The Social Security (Administration) — Queensland Commission (Family Responsibilities Commission) Specification 2008 was enacted to address the need for specific recognition of the Family Responsibilities Commission (FRC) established under the Family Responsibilities Act 2008 in relation to the income management regime under Part 3B of the Social Security (Administration) Act 1999. This Specification was made under the authority of the Minister and serves to specify the FRC as the Queensland Commission for the purposes of the Social Security (Administration) Act 1999. It ensures that notices issued by the FRC regarding the income management regime are recognised as valid notices from the Queensland Commission, facilitating the implementation of welfare reforms in the trial communities of Cape York. The enacting body responsible for this Specification is the Minister, and the policy objective is to enable the effective operation of welfare reform trials by recognising the FRC as the designated Queensland Commission.
The Specification was introduced against the backdrop of a commitment by the Queensland Premier and the Commonwealth Minister for Families, Housing, Community Services and Indigenous Affairs to implement welfare reform trials, including income management, in four Cape York communities. The Family Responsibilities Act 2008 was passed to establish the FRC, and this Specification ensures that the FRC's actions are formally recognised under the Social Security (Administration) Act 1999. The Specification operates to align the FRC's functions with the income management regime, thereby supporting the broader objective of improving social behaviours and welfare outcomes in the specified communities.
Scope and Application
The Social Security (Administration) — Queensland Commission (Family Responsibilities Commission) Specification 2008 is designed to specify the Family Responsibilities Commission established by the Family Responsibilities Act 2008 for the purposes of the Social Security (Administration) Act 1999. This legislation applies to the Family Responsibilities Commission, which is constituted by local commissioners from the specified trial communities in Cape York and chaired by a Commissioner with significant legal experience. The Specification ensures that notices given by the Family Responsibilities Commission to the Secretary under the Social Security (Administration) Act 1999 are recognised as notices given by the 'Queensland Commission'. These notices pertain to individuals subject to the income management regime, particularly welfare recipients in the trial communities of Arukun, Hope Vale, Mossman Gorge, and Coen. The Specification operates within the framework of the Social Security Act and the Family Responsibilities Act, facilitating the implementation of welfare reform trials including income management in the specified communities. The Specification is not regulatory in nature and does not impose compliance costs or competition impacts on businesses.
Key Provisions
The main operative sections of the Social Security (Administration) — Queensland Commission (Family Responsibilities Commission) Specification 2008, specifically section 123TC, define the 'Queensland Commission' and specify the Family Responsibilities Commission (FRC) established under section 9 of the Family Responsibilities Act 2008 as the body responsible for certain social security administration tasks in designated trial communities. This Specification ensures that notices issued by the FRC requiring a person to be subject to the income management regime are recognised as notices from 'the Queensland Commission' under Part 3B of the Social Security (Administration) Act 1999. This legislative instrument commenced on the day after its registration on the Federal Register of Legislative Instruments and will end on 1 January 2012, aligning with the expiration date of the Family Responsibilities Act 2008.
The obligations and requirements imposed by the Specification on the parties it governs include the Family Responsibilities Commission and the Secretary of the Department of Families, Housing, Community Services and Indigenous Affairs, as defined in subsection 23(1) of the Social Security Act 1991. The FRC must issue notices to the Secretary regarding individuals subject to the income management regime, ensuring that these notices are recognised as coming from 'the Queensland Commission'. The Secretary, in turn, must comply with these notices and implement the income management regime for the specified individuals. The FRC Act mandates that the Commission can take various actions, including issuing agency notices, giving warnings, entering into agreements, and ordering attendance at community support services or subjection to the income management regime, depending on the circumstances of the 'community member' and the 'welfare recipient'.
The Specification also outlines potential consequences for non-compliance. While the document states that the Specification is not regulatory in nature and will not impact on business activity or result in significant compliance costs, there are potential civil and criminal consequences for the breach of related provisions in the Social Security (Administration) Act 1999 and the Family Responsibilities Act 2008. Breaches of these Acts can lead to penalties, including fines and imprisonment, depending on the severity of the offence. For instance, section 123UD of the Social Security (Administration) Act 1999 specifies that a person who contravenes certain provisions may be liable for a penalty, with maximum penalties varying based on the specific offence and jurisdiction. Similarly, the Family Responsibilities Act 2008 may impose penalties for non-compliance with its requirements, although the Specification does not detail these penalties explicitly. The overarching principle is that adherence to the Specification and the related Acts is crucial to avoid legal repercussions.