EXPLANATORY STATEMENT
Social Security (Class of Visas—Newly Arrived Resident’s Waiting Period for Special Benefit) Determination 2005 (No. 2)
The Social Security (Class of Visas—Newly Arrived Resident’s Waiting Period for Special Benefit) Determination 2005 (No. 2) (the Determination) is made under subsection 739A(6) of the Social Security Act 1991 (the Act).
Purpose
The purpose of the Determination is to enable any person who is the holder of a subclass 070 (Bridging (Removal Pending)) (Class WR) visa to be able to access special benefit without having to serve the newly arrived resident’s waiting period of 104 weeks.
The holders of subclass 070 visas are unlawful non-citizens who have been held in detention centres for extended periods because of a variety of reasons that have made their removal from Australia difficult and who are not refugees.
Background
Subsections 739A(1) and (5) of the Act provide that a person is subject to a newly arrived resident’s waiting period of 104 weeks if that person enters Australia on or after the commencement of subsection 739A(1) of the Act, or becomes the holder of a permanent visa, or becomes the holder of a visa that is in a class of visas determined by the Minister for the purposes of paragraph 739A(1)(e) of the Act. Subsection 739A(1) of the Act commenced on 4 March 1997.
Subsection 739A(6) of the Act enables the Minister to make a determination that neither subsection 739A(1) nor (2) of the Act applies to a person who holds a visa or was a former holder of a visa in a class of visas for the purposes of this subsection.
Any person granted a subclass 070 visa has been determined to not be a refugee but because they have been detained for an extended period they will be offered the opportunity, where the Minister for Immigration and Multicultural and Indigenous Affairs believes it is not reasonably practicable to achieve removal from Australia in the short term and where the person undertakes to fully cooperate with the removal, to be released from detention.
This legislative instrument subject to disallowance will ensure that holders of a subclass 070 visa will be exempt from the newly arrived residents waiting period.
The Minister has also determined under subparagraph 729(2)(f)(v) of the Act that any person who is the holder of a subclass 070 visa will be able to access special benefit. Further, the Minister has determined under subparagraph 729(2)(g)(i) that certain persons who hold a subclass 070 visa will be required to satisfy the activity test set out in section 731A of the Act.
Consultation
No consultation in relation to the Determination was undertaken because this legislative instrument is of a minor or machinery nature that does not substantially alter existing arrangements.
Explanation of the provisions
Section 1 of the Determination states the name of the determination.
Section 2 states that the Determination commences on the day following the registration of the Determination on the Federal Register of Legislative Instruments.
Section 3 provides that any person who is the holder of a subclass 070 (Bridging (Removal Pending)) (Class WR) visa will not be subject to a newly arrived resident’s waiting period.