Social Security (Administration) - Queensland Commission (Family Responsibilities Commission) Specification 2014

Administered by Department of Social Services

Legislation au F2014L00408 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Social Security (Administration) — Queensland Commission (Family Responsibilities Commission) Specification 2014

The Social Security (Administration) — Queensland Commission (Family Responsibilities Commission) Specification 2014 (the Specification) is made under paragraph (b) of the definition of Queensland Commission in section 123TC of the Social Security (Administration) Act 1999 (the Social Security Administration Act).

Purpose and operation

The purpose of the Specification is to continue the specification of the Family Responsibilities Commission (the Commission), established by section 9 of the Family Responsibilities Commission Act 2008 (Qld) (the FRC Act), for the purposes of paragraph (b) of the definition of Queensland Commission in section 123TC of the Social Security Administration Act.

Section 123TC of the Social Security Administration 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 Commission that requires that a person be subject to the income management regime under section 123UF (in Part 3B) of the Social Security Administration Act will be recognised as a notice given by the Queensland Commission.  A person is subject to the income management regime under Part 3B of the Social Security Administration Act if, amongst other things, the Queensland Commission has given the Secretary a notice requiring that the person be subject to the income management regime.

The Specification commences on the 28th day after the Social Services and Other Legislation Amendment Act 2014 receives the Royal Assent.  The specification could not commence immediately following the expiry of the previous specification (i.e. the Social Security (Administration) — Queensland Commission (Family Responsibilities Commission) Specification 2012) due to a delay in the passage of legislation for continuation of income management under section 123UF beyond the end of 2013. In the interim, an alternative measure of income management under section 123UFAA of the Social Security Administration Act has been operating in affected communities. Legislation to extend income management under section 123UF until the end of 2015 has been recently passed by Parliament. This Specification is made to restore income management under section 123UF. The commencement of the Specification aligns with when the legislative amendments take effect and when the instruments for the interim arrangements cease. The Specification expires immediately before 1 January 2016. 

The Specification is a legislative instrument.

Background

Cape York Welfare Reform is a partnership between the communities of Aurukun, Coen, Hope Vale and Mossman Gorge, the Australian Government, the Queensland Government and the Cape York Institute for Policy and Leadership.  It aims to restore local Indigenous authority, rebuild social norms, encourage positive behaviours, and improve economic and living conditions.

 

Cape York Welfare Reform has made a real difference in the lives of Indigenous people in the four communities.  Since it began in July 2008, the Cape York Welfare Reform communities have seen improved school attendance, care and protection of children and community safety.

 

A 2012 evaluation of Cape York Welfare Reform found that progress has been made at the foundational level in stabilising social circumstances and fostering behavioural change, particularly in the areas of sending children to school, caring for children and increasing individual responsibility.

 

The Family Responsibilities Commission, which is established under Queensland Government legislation, is a key plank of Cape York Welfare Reform.  Local Commissioners hold conferences with community members, refer people to support services and, when necessary, arrange income management.  Income management acts both as a means to ensure financial stability for families and as an incentive for the individual to engage with support services and observe behavioural obligations.

 

Parliament has recently passed legislation to extend the operation of provisions in the Social Security Administration Act that give effect to Cape York Welfare Reform. The previous end date for the operation of these provisions was the end of 2013. Due to a delay in the passage of this legislation, as an interim measure, an alternative measure of income management is currently operating in the four communities. The legislative amendments, together with this Specification, allow Cape York Welfare Reform to be restored in the communities until the end of 2015.

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 one of the four participating communities.  A welfare recipient is a person who is a participant in the Remote Jobs and Communities Program, or who is an eligible recipient of certain welfare payments that reflect the payments specified in section 123UF of the Social Security Administration Act.  An agency notice includes a school attendance, school enrolment, child safety, conviction or tenancy agreement notice that is given to the Commission.

Directing that a person be subject to the income management regime under Part 3B of the Social Security Administration 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 become 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 four participating communities and makes appropriate use of community support services.  The FRC Act provides for 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 the Department of the Prime Minister and Cabinet and the Department of Human Services.

 

To ensure the initiative continues to meet the needs of local people, the Queensland Government led a process of consultation with Cape York communities, in partnership with Australian Government staff and representatives of the Cape York Institute, on the proposed extension to 31 December 2015.  This is consistent with the approach taken in 2007 before the initiative started.

 

The consultation included meetings in all four participating communities and meetings with key government and non-government stakeholders.

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.

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

This Legislative Instrument is the Social Security (Administration) - Queensland Commission (Family Responsibilities Commission) Specification 2014

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Overview of the Legislative Instrument

Amendments recently passed by Parliament, together with this Specification, extends the timeframe for income management under section 123UF of the Social Security (Administration) Act 1999 (the Social Security Administration Act) to 1 January 2016.

The purpose of the Specification is to continue the specification of the Family Responsibilities Commission (the Commission), established by section 9 of the Family Responsibilities Commission Act 2008 (Qld) (the FRC Act), for the purposes of paragraph (b) of the definition of Queensland Commission in section 123TC of the Social Security Administration 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 Commission that requires that a person be subject to the income management regime under section 123UF (in Part 3B) of the Social Security Administration Act will be recognised as a notice given by the Queensland Commission.  A person is subject to the income management regime under Part 3B of the Social Security Administration Act if, amongst other things, the Queensland Commission has given the Secretary a notice requiring that the person be subject to the income management regime.

 

Human rights implications

 

Eliminating racial discrimination

 

This specification engages Article 2(1) of the Convention on the Elimination of All Forms of Racial Discrimination (CERD), which:

 

‘…imposes an obligation on State parties to undertake to pursue a policy of eliminating racial discrimination in all its forms and promoting understanding among all races...’[1]

 

Equality before the law

 

This Specification also engages Article 26 of the International Covenant on Civil and Political Rights (ICCPR), which states:

 

‘…all persons are equal before the law and are entitled without any discrimination to the equal protection of the law.  In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.’[2]

 

There is no incompatibility with the rights engaged as the circumstances meet the test for legitimate differential treatment under international law.

 

Legitimate differential treatment

 

The objective of Cape York Welfare Reform is aimed at supporting the restoration of socially responsible standards of behaviour and assisting community members to resume and maintain primary responsibility for the wellbeing of their community and the individuals and families within their community.  This objective is considered sufficiently important to justify differential treatment on the basis of a prohibited ground.

 

An independent Evaluation of Cape York Welfare Reform, released in March 2013, indicates that the initiative has had a positive impact in participating communities, with increased personal responsibility and positive behavioural changes such as increased school attendance, increased commitment to education by parents, and greater support for local Indigenous authority and leadership.

 

Moreover, results of consultations conducted to date have established support for the Welfare Reforms in the four participating Cape York communities.

 

The Family Responsibilities Commission (FRC), a central plank of the reforms, operates through a conferencing model.  In practice, this means an individual will attend a number of conferences with Local Commissioners who are respected local Indigenous elders in the community.  At the conferences, options for support are discussed, including referrals to existing support services, prior to any income management direction being made by the FRC.  The FRC considers appropriate alternatives in conjunction with the individual, with income management only being used as a final measure.

 

The results of the reviews and consultations to date demonstrate that the differential treatment of members of the four Cape York communities is having a positive impact on individuals, families and the broader communities.

 

Conclusion

 

The Specification is compatible with human rights because, to the extent that it may limit human rights, those limitations are reasonable, necessary and proportionate.

 

 

 

 

 

 

 

The Hon Kevin Andrews MP, Minister for Social Services

 

 

 

[1]  International Convention on the Elimination of All Forms of Racial Discrimination, Article 2(1) 

[2]  International Covenant on Civil and Political Rights, Article 26.

Overview

The Social Security (Administration) — Queensland Commission (Family Responsibilities Commission) Specification 2014 was enacted to address the need for continuing the specification of the Family Responsibilities Commission (FRC) for the purposes of paragraph (b) of the definition of Queensland Commission in section 123TC of the Social Security (Administration) Act 1999. The Specification was introduced under the authority of the Social Security (Administration) Act 1999 by the Minister, ensuring that the FRC, established by the Family Responsibilities Commission Act 2008 (Qld), remains specified for administering the income management regime under section 123UF of the Social Security (Administration) Act. This legislative instrument was made necessary by a delay in the passage of legislation for the continuation of income management beyond the end of 2013, leading to an interim measure operating in affected communities. The Specification aims to restore the income management regime under section 123UF and aligns with the legislative amendments that extend its operation until the end of 2015. The purpose of the Specification is to ensure that notices given by the FRC to the Secretary under section 123UF of the Social Security (Administration) Act are recognised as notices given by the Queensland Commission. This aligns with the policy objective of the Cape York Welfare Reform, which aims to restore local Indigenous authority, rebuild social norms, encourage positive behaviours, and improve economic and living conditions in participating communities. The Specification is compatible with human rights as it engages Article 2(1) of the Convention on the Elimination of All Forms of Racial Discrimination and Article 26 of the International Covenant on Civil and Political Rights, with the differential treatment justified as a legitimate measure to support the restoration of socially responsible standards of behaviour in the communities.

Scope and Application

The Social Security (Administration) — Queensland Commission (Family Responsibilities Commission) Specification 2014 applies to the Family Responsibilities Commission established under the Family Responsibilities Commission Act 2008 (Qld), which is specified as a Queensland Commission under the Social Security (Administration) Act 1999. This legislation operates within the jurisdiction of the Commonwealth of Australia, as it is an instrument made under the Social Security Administration Act. The Specification ensures that notices issued by the Commission to the Secretary under section 123UF of the Social Security Administration Act, which pertains to the income management regime, are recognised as if issued by the Queensland Commission. This applies specifically to community members in the Cape York region who are subject to the income management regime as part of the Cape York Welfare Reform initiative. The Specification is designed to restore the income management arrangements that were temporarily altered due to legislative delays, and it ensures the continuation of these arrangements until 31 December 2015, as extended by recent legislative amendments. The Specification does not impose any new compliance costs or competition impacts and is not considered regulatory in nature.

Key Provisions

The main operative sections of the Social Security (Administration) — Queensland Commission (Family Responsibilities Commission) Specification 2014, particularly section 123TC, define the Queensland Commission and its role under the Social Security (Administration) Act 1999 (the Social Security Administration Act). This Specification ensures that notices issued by the Family Responsibilities Commission (the Commission) to the Secretary under section 123UF of the Social Security Administration Act are recognised as notices from the Queensland Commission. This legal recognition is critical for the enforcement of the income management regime under Part 3B of the Social Security Administration Act. The Specification also specifies the commencement date of the 2014 Specification, which is the 28th day after the Social Services and Other Legislation Amendment Act 2014 receives Royal Assent, and its expiration date, immediately before 1 January 2016. The obligations imposed by the Act on the parties or entities it governs include the Family Responsibilities Commission and the Secretary. The Commission is tasked with issuing notices that can require individuals to be subject to the income management regime, which includes measures such as the allocation of income support payments and the management of financial transactions. The Secretary, on receiving a notice from the Commission, is obligated to recognise it as coming from the Queensland Commission and to enforce the income management regime accordingly. The Commission must adhere to the guidelines set forth in the Family Responsibilities Commission Act 2008 (Qld) when issuing notices and must ensure that its actions are consistent with the objectives of the Cape York Welfare Reform initiative. The legislation outlines specific offences, penalties, or consequences for breaches of the specified requirements. While the Specification itself does not detail specific penalties, the broader Social Security Administration Act includes provisions for penalties and enforcement actions for non-compliance with income management requirements. These can include fines and other civil or criminal penalties. The severity of the penalties can depend on the nature and extent of the breach, with the potential for significant fines for both individuals and entities that fail to comply with the income management regime. The enforcement of these penalties is overseen by the Secretary, who is responsible for ensuring compliance with the requirements of the Social Security Administration Act.

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Social Security Law
Family Law
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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.