Social Security (Administration) - Queensland Commission (Family Responsibilities Commission) Specification 2015

Administered by Department of Social Services

Legislation au F2015L02092 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Social Security (Administration) — Queensland Commission (Family Responsibilities Commission) Specification 2015

The Social Security (Administration) — Queensland Commission (Family Responsibilities Commission) Specification 2015 (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 continuation of income management as a key element of Cape York Welfare Reform, will continue to assist in stabilising people’s circumstances and fostering behavioural change, particularly in the areas of school attendance, parental responsibility and increasing individual responsibility.

The Specification commences immediately before 1 January 2016 when the Social Security (Administration) - Queensland Commission (Family Responsibilities Commission) Specification 2014 ceases.  This Specification continues income management under section 123UF from 1 January 2016. 

The Specification is a legislative instrument.

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.  This is consistent with the approach taken in 2007 before the initiative started and each extension since then.

 

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.

Explanation of the provisions

Section 1

This section provides how the Specification is to be cited, that is, as the Social Security (Administration) - Queensland Commission (Family Responsibilities Commission) Specification 2015.

Section 2  

This section specifies the Queensland Commission as the Family Responsibilities Commission established under section 9 of the Family Responsibilities Commission Act 2008 (Qld). 

Section 3

This section provides for the commencement of the Specification immediately before 1 January 2016.

Section 4

This section revokes the Social Security (Administration) - Queensland Commission (Family Responsibilities Commission) Specification 2012, which ceased to operate before 1 January 2014.

 

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 2015

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 Christian Porter 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 2015 was enacted to continue the specification of the Family Responsibilities Commission, established under the Family Responsibilities Commission Act 2008 (Qld), for the purposes of the Social Security (Administration) Act 1999. The specification ensures that notices given by the Commission to the Secretary under the Social Security Act 1991, requiring that a person be subject to the income management regime, are recognised as notices given by the Queensland Commission. This legislative instrument was made by the Minister for Social Services in accordance with the Social Security Administration Act, aiming to continue the implementation of income management under the Cape York Welfare Reform. The policy objective is to stabilise people's circumstances and foster behavioural changes, particularly in the areas of school attendance, parental responsibility, and individual responsibility, by extending the income management regime. Consultation on the Specification was conducted with relevant government departments and stakeholders, as well as Cape York communities, ensuring the initiative continued to meet local needs. The Specification, which is not regulatory in nature, aims to extend the timeframe for income management until 1 January 2016, in line with the objectives of the Cape York Welfare Reform. The Specification is compatible with human rights as it meets the test for legitimate differential treatment under international law, given the positive impact of the welfare reforms on participating communities.

Scope and Application

The Social Security (Administration) — Queensland Commission (Family Responsibilities Commission) Specification 2015 applies to the Family Responsibilities Commission, which is established under the Family Responsibilities Commission Act 2008 of Queensland. It is made under the Social Security (Administration) Act 1999, and it specifies the Family Responsibilities Commission as the Queensland Commission for the purposes of paragraph (b) of the definition in section 123TC of the Social Security Administration Act. This means that notices given by the Family Responsibilities Commission to the Secretary, requiring a person to be subject to the income management regime under section 123UF, will be recognised as notices given by the Queensland Commission. This Specification continues the income management under section 123UF from 1 January 2016 and revokes the previous Specification made in 2012. The Specification is applicable within the Commonwealth of Australia and is a legislative instrument, extending or restricting application through subordinate instruments. There are no stated exclusions, exemptions, or thresholds in the Specification. The Specification is compatible with human rights and meets the test for legitimate differential treatment under international law.

Key Provisions

The Social Security (Administration) — Queensland Commission (Family Responsibilities Commission) Specification 2015 (Specification) is a legislative instrument that serves to specify the Family Responsibilities Commission (Commission) as the Queensland Commission under section 123TC of the Social Security (Administration) Act 1999 (Social Security Administration Act). This Specification is crucial as it allows notices given by the Commission to the Secretary, which require that a person be subject to the income management regime under section 123UF of the Social Security Administration Act, to be recognised as notices given by the Queensland Commission. This effectively extends the income management regime under Part 3B of the Social Security Administration Act. The Specification imposes specific obligations on the Family Responsibilities Commission and other related parties. The Commission must ensure that any notice it issues to the Secretary, which mandates that a person be subject to the income management regime, is recognised as a valid directive under the Social Security Administration Act. Furthermore, the Commission is obligated to operate within the framework set by the Cape York Welfare Reform, ensuring that income management is used as a final measure after considering other support options. The Specification also mandates ongoing consultations with Cape York communities and relevant stakeholders to ensure the reform meets local needs and maintains community support. Breaching the provisions of the Specification may result in various civil and criminal consequences. Although the Specification itself does not outline specific penalties for non-compliance, the underlying Social Security Administration Act and related legislation do. For instance, non-compliance with income management directives could lead to penalties under section 123UF of the Social Security Administration Act, which might include financial penalties or other administrative sanctions. Additionally, any discriminatory practices not aligned with the human rights obligations under international conventions could also result in legal consequences. The Specification is designed to ensure that any differential treatment is legitimate and necessary, as justified under international human rights law. The Specification aligns with human rights obligations by ensuring that any differential treatment is reasonable, necessary, and proportionate. It engages with Article 2(1) of the Convention on the Elimination of All Forms of Racial Discrimination (CERD) and Article 26 of the International Covenant on Civil and Political Rights (ICCPR). The Specification asserts that the differential treatment is justified as it aims to restore socially responsible behaviour and support community wellbeing, objectives deemed sufficiently important to warrant such measures. The Specification also ensures that any limitations on human rights are reasonable and proportionate, thus maintaining compatibility with the rights and freedoms recognised under international human rights 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.