Social Security and Repatriation Legislation Amendment Act 1985

Overview

The Social Security and Repatriation Legislation Amendment Act 1985 No. 95 of 1985 was enacted by the Commonwealth Parliament to amend various Acts related to social security and repatriation. This legislation was introduced to address gaps and issues in the existing framework, including the need to clarify eligibility criteria for benefits, adjust compensation rates, and update administrative processes for pension payments and appeals. The Act makes amendments to the Social Security Act 1947, Repatriation Act 1920, and several other related Acts to streamline and modernise the social security and repatriation systems. It includes changes to the definition of dependent children, adjustments to pension rates and eligibility, and provisions for the payment of benefits and allowances under various circumstances. The policy objective of this Act is to ensure that social security and repatriation benefits are effectively administered and that the needs of beneficiaries are appropriately met.

Scope and Application

The Social Security and Repatriation Legislation Amendment Act 1985No. 95 of 1985 amends various Australian legislations to make adjustments to social security and repatriation provisions. The Act applies to a wide range of entities including individuals and organisations receiving benefits or pensions from the Commonwealth government, as well as entities involved in the care of children and the provision of healthcare. It also impacts Commonwealth employees and their families, particularly in relation to compensation and pensions. The Act operates within the Commonwealth jurisdiction, affecting laws such as the Social Security Act 1947, the Repatriation Act 1920, and others. Certain exclusions and thresholds are specified within each part of the Act, such as conditions for the payment of benefits to dependent children living outside Australia or the application of certain provisions to Commonwealth employees. The Act also extends its application through subordinate instruments, such as regulations and amendments to existing Acts, to ensure comprehensive coverage of its provisions.

Key Provisions

• The Social Security and Repatriation Legislation Amendment Act 1985 amends several pieces of legislation to introduce changes to social security and repatriation provisions. Firstly, the Act amends the Aged or Disabled Persons Homes Act 1954 and the Aged or Disabled Persons Hostels Act 1972 to allow for the transfer of buildings between eligible organizations and the continuation of compliance with grant terms and conditions. Secondly, it amends the Child Care Act 1972 to redefine child care centres and their operations, and allows for grants to be made to new child care centres and for research. It also introduces the concept of agreements between transferees and the Minister to ensure compliance with grant terms and conditions. The Act also introduces changes to the approval process for equipment and the payment of grants in relation to child care centres.
• In terms of obligations, the Act imposes requirements on organizations receiving grants to comply with specific terms and conditions, and to notify the Secretary of any transfers of buildings or other assets. The Minister is tasked with approving equipment, projects related to the development of child care centres, and determining guidelines for fee relief. Additionally, the Act requires eligible organizations to prioritize applications from children in special need of child care.
• For breaches of the Act, there are various penalties and consequences. The Child Care Act 1972, for example, imposes an offence punishable by a fine of up to $2,000 or imprisonment for a period not exceeding 12 months. The Compensation (Commonwealth Government Employees) Act 1971 includes provisions for the cessation of compensation payments in certain circumstances, such as when an employee unreasonably refuses to undertake vocational training. Furthermore, the Social Security Act 1947 includes provisions for the reduction of compensation payments in certain cases, such as when a partially incapacitated employee has failed to obtain suitable employment after taking reasonable steps.
• The Act also introduces changes to the Repatriation Act 1920, including the variation of pension rates and the requirement for reasons to be given for decisions related to pensions. The Act further amends the Repatriation (Far East Strategic Reserve) Act 1956, the Repatriation Legislation Amendment Act 1984, and the Repatriation (Special Overseas Service) Act 1962, among others. These amendments include changes to delegation, the application of certain provisions, and the establishment of a process for the review of decisions in respect of pensions.
• In summary, the Social Security and Repatriation Legislation Amendment Act 1985 makes significant changes to social security and repatriation legislation by amending existing Acts and introducing new provisions. These changes aim to improve the administration and operation of social security programs, as well as the provision of assistance to various groups, including the elderly, disabled, and children. The Act also imposes specific obligations on organizations and individuals receiving grants and benefits, and outlines penalties and consequences for non-compliance.

Legal classification tags

Area of Law

Social Security Law

Repatriation Law

Instrument

Act

Concepts

Commencement Provisions

Repeal & Amendment

Reporting & Disclosure Obligations

Enforcement Powers

Review & Sunset Clauses

Transitional Provisions

Savings Provisions