Overview

The Social Security (Assurances of Support) (DEEWR) Amendment Determination 2011 (No. 1) was enacted under subsection 1061ZZGH (1) of the Social Security Act 1991. This amendment was introduced to address a technical issue arising from changes in the definition of 'individual' in the Acts Interpretation Act 1901, as amended by the Acts Interpretation Amendment Act 2011. The primary objective of the Amendment Determination is to update the Social Security (Assurance of Support) (DEEWR) Determination 2008, ensuring the definition of 'individual' aligns with the new legal framework from 27 December 2011. Although the concept of 'individual' remains unchanged, the determination rectifies the outdated reference within the Assurance of Support provisions. This amendment was made in consultation with the Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) to maintain consistency in the administration of the assurance of support program. The nature of the amendment being minor and technical, public consultation was deemed unnecessary.

Scope and Application

The Social Security (Assurances of Support) (DEEWR) Amendment Determination 2011 (No. 1) amends the Social Security (Assurance of Support) (DEEWR) Determination 2008 to ensure continued compliance with legislative changes stemming from the Acts Interpretation Amendment Act 2011. This amendment applies to individuals who are subject to the Social Security Act 1991, specifically in relation to the requirements for giving assurances of support. The determination ensures that the definition of 'individual' aligns with the new definition under the Acts Interpretation Act 1901, which will be updated to reflect that 'individual' means a natural person from 27 December 2011. This adjustment is purely technical and does not alter the substantive requirements for individuals seeking to provide assurances of support. The amendment does not extend beyond the scope of updating references to legislative definitions and is not intended to impact business activity or impose additional compliance costs.

Key Provisions

The Social Security (Assurances of Support) (DEEWR) Amendment Determination 2011 (No. 1) modifies the Social Security (Assurance of Support) (DEEWR) Determination 2008 (Principal Determination) primarily by updating references to the Acts Interpretation Act 1901 (Interpretation Act). Section 3 of the Amendment Determination repeals and substitutes subsection 7(1) of the Principal Determination, aligning it with the forthcoming changes to the Interpretation Act as stipulated by the Acts Interpretation Amendment Act 2011. This adjustment ensures that the definition of 'individual' remains consistent but updates the legislative reference to reflect the new section in the Interpretation Act. The Amendment Determination imposes specific requirements on individuals who are seeking to provide assurances of support under section 1061ZZGB of the Social Security Act 1991. These requirements are outlined in section 7 of the Principal Determination, which the Amendment Determination updates to ensure compliance with the new legislative framework. This amendment ensures that only natural persons, and not bodies or entities, are subject to the assurances of support provisions, maintaining the integrity of the support assurance process. Under the Social Security Act, parties who fail to comply with the assurances of support provisions may face various consequences. While the Amendment Determination itself does not introduce new offences or penalties, any breach of the support assurance requirements could lead to implications under the broader Social Security Act. This could include the refusal to provide financial assistance or other social security payments, depending on the specific circumstances of the breach. The exact consequences and penalties would be determined by the Act's general provisions and any relevant administrative decisions. It is also noteworthy that this Amendment Determination is of a minor technical nature, reflecting the updates necessitated by the Acts Interpretation Amendment Act 2011. Because of its limited scope, the determination did not require a Regulatory Impact Statement or a Business Cost Calculator Figure, and it is not expected to impose significant compliance costs or competition impacts. The Department of Education, Employment and Workplace Relations (DEEWR) undertook consultation with the Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) to ensure a coordinated approach to the administration of the assurance of support program, highlighting the importance of inter-departmental collaboration in this area.