Social Security (Administration) — Queensland Commission (Family Responsibilities Commission) Specification 2011

Administered by Department of Social Services

Legislation au F2011L02791 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Social Security (Administration) — Queensland Commission (Family Responsibilities Commission) Specification 2011

The Social Security (Administration) — Queensland Commission (Family Responsibilities Commission) Specification 2011 (the Specification) is made under paragraph (b) of the definition of Queensland Commission in section 123TC of the Social Security (Administration) Act 1999 (the Act).

Purpose and operation

The purpose of the Specification is to extend the specification of the Family Responsibilities Commission, established by section 9 of the Family Responsibilities Act 2008 (the FRC Act), for the purposes of paragraph (b) of the definition of ‘Queensland Commission’ in section 123TC of 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 1 January 2012.  The Specification ceases on 1 January 2013.  The FRC Act is expressed to end on 1 January 2013.

The Specification is a legislative instrument.

Background

The Cape York welfare reform trial (the trial) is an Indigenous led reform aimed at addressing social inclusion outcomes, based on the Cape York Institute for Policy and Leadership’s detailed analysis of social dysfunction and proposals to rebuild social norms, improve education, personal responsibility and engagement in the real economy.

The trial is a place-based measure based on a comprehensive strategy to address intergenerational welfare dependence in four Cape York communities.  The trial is implemented in partnership with the Queensland Government, Cape York Partnerships and the four communities of Aurukun, Coen, Hope Vale and Mossman Gorge.

The trial aligns closely with the National Indigenous Reform Agreement approach of multi-faceted efforts directed across a range of Building Blocks, with leadership of local Indigenous people being the centrepiece of the approach.  The four communities involved are Remote Service Delivery National Partnership sites.

There are promising indications of positive change in the trial areas.  There have been positive changes in school attendance, signs of increasing commitment to education by parents, growing indigenous authority and indications that levels of violence are decreasing.

The trial, part of which is the Cape York income management measure, commenced on 1 July 2008.  It is proposed that there be an extension of the trial, and therefore the Cape York income management measure, to enable the trial to continue for a total period of four and a half years.

Extending the trial, and the Cape York income management measure, for a further 12 months will provide time to complete the evaluation of the trial which is due in early 2012.   To ensure the trial continues to meet the needs of local people, the Queensland Government will lead a process of consultation with Cape York communities on the extension and on future directions for welfare reform. 

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

To ensure the trial continues to meet the needs of local people, the Queensland Government lead a process of consultation with Cape York communities on the proposed extension to 31 December 2012.  This is consistent with the approach taken in 2007 before the Trial started.

 

Consultations occurred in late May and June 2011 led by the Queensland Department of Communities with assistance from the Department of Families, Housing, Community Services and Indigenous Affairs.  Consultations occurred with community leaders, mayors, regional organisations, FRC Local Commissioners, Community Justice Groups and other community members via meetings and workshops.

Regulatory Impact Analysis

The 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) — Queensland Commission (Family Responsibilities Commission) Specification 2011 was enacted to address the specific governance and administrative needs of the Family Responsibilities Commission (FRC) within the context of the Cape York welfare reform trial. The trial is an Indigenous-led initiative aimed at addressing social inclusion outcomes and intergenerational welfare dependence in four Cape York communities. This legislative instrument extends the specification of the FRC for the purposes of paragraph (b) of the definition of 'Queensland Commission' in section 123TC of the Social Security (Administration) Act 1999. It ensures that notices issued by the FRC requiring individuals to be subject to the income management regime under the Act will be recognised as notices given by the Queensland Commission. The Specification was introduced by the Minister under the authority granted by the Social Security (Administration) Act 1999 and aims to facilitate the continuation and evaluation of the Cape York welfare reform trial. This extension allows for a comprehensive assessment of the trial's impact, which is crucial for determining its future directions and ensuring it meets the evolving needs of the local communities. The Specification is intended to operate within the existing framework of the FRC Act and the Social Security Act, allowing the FRC to continue its role in supporting social inclusion and personal responsibility in the trial communities.

Scope and Application

The Social Security (Administration) — Queensland Commission (Family Responsibilities Commission) Specification 2011 serves to extend the specification of the Family Responsibilities Commission, established by the Family Responsibilities Act 2008, for the purposes of paragraph (b) of the definition of ‘Queensland Commission’ in section 123TC of the Social Security (Administration) Act 1999. This legislation recognises notices given by the Family Responsibilities Commission to the Secretary under the Social Security Act 1991 as notices given by the Queensland Commission. This recognition is critical for enforcing the income management regime under Part 3B of the Social Security (Administration) Act 1999, which applies to individuals deemed welfare recipients by the Family Responsibilities Commission. The Specification is designed to facilitate the Cape York Welfare Reform Trial, an Indigenous-led initiative targeting social inclusion in specified communities. It operates within the geographic confines of the four trial communities in Cape York, namely Aurukun, Coen, Hope Vale, and Mossman Gorge, and is set to commence on 1 January 2012, expiring on 1 January 2013. This timeframe aligns with the original scope of the Cape York Welfare Reform Trial, ensuring continuity and evaluation of the trial’s outcomes.

Key Provisions

The primary sections of the Social Security (Administration) — Queensland Commission (Family Responsibilities Commission) Specification 2011 (the Specification) serve to extend the scope of the Family Responsibilities Commission (FRC) for the purposes of administering the income management regime under section 123UF of the Social Security (Administration) Act 1999 (the Act). Specifically, section 123TC of the Act defines the ‘Queensland Commission’ and section 123UF outlines the conditions for subjecting a person to the income management regime. The Specification ensures that notices from the FRC requiring a person to be subject to the income management regime are recognised as coming from the Queensland Commission, which is essential for the effective administration of this regime (section 123UF). This Specification comes into effect on 1 January 2012 and will cease on 1 January 2013, aligning with the cessation of the Family Responsibilities Act 2008. The Specification imposes certain obligations and requirements on the parties and entities it governs. The FRC is tasked with the responsibility of taking action against a person who is a ‘community member’ and who has been the subject of an ‘agency notice’ (section 9 of the FRC Act). This includes the power to direct that a person be subject to the income management regime, as well as other actions such as issuing warnings, entering into agreements, or ordering attendance at community support services. These provisions are designed to facilitate early intervention and support the restoration of socially responsible behaviour within the trial communities (section 9 of the FRC Act). Furthermore, the Specification requires the Queensland Government to lead a consultation process with Cape York communities regarding the extension and future directions of the trial, ensuring that the measures remain responsive to the needs of the local people (consultation section). Breach of the provisions outlined in the Specification can lead to various civil and criminal consequences. While the Specification itself does not detail specific penalties, violations of the conditions set forth in the Social Security (Administration) Act 1999 and the Family Responsibilities Act 2008 could result in fines or other penalties as prescribed by these Acts. For instance, non-compliance with notices or orders issued by the FRC could lead to enforcement actions under the relevant legislation. The maximum penalties for breaches of these Acts are typically outlined in the respective legislation, and could include fines up to several thousand dollars, depending on the severity of the breach. It is important for parties governed by these Acts to adhere strictly to the requirements to avoid potential legal repercussions.

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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.