EXPLANATORY STATEMENT
Social Security (Class of Visas—Qualification for Special Benefit) Determination 2005
The Social Security (Class of Visas—Qualification for Special Benefit) Determination 2005 (the determination) is made under subparagraph 729(2)(f)(v) 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 787 (Witness Protection (Trafficking) (Temporary)) visa to be able to qualify for special benefit, provided that the person was the former holder of a criminal justice stay visa granted under subsection 155(2) of the Migration Act 1958.
The holders of these subclass 787 visa will have assisted in the administration of criminal justice in relation to the offence of people trafficking, sexual servitude or deceptive recruiting, and are at risk of significant personal danger if they were to return to their home country.
Background
Section 729 of the Act provides the qualification requirements for special benefit. Subparagraph 729(2)(f)(v) provides that a person does not have to be an Australian resident to qualify for a special benefit provided that the person becomes the holder of a visa that is in a class of visas determined by the Minister for the purposes of this paragraph.
It is expected thatGenerally, any person granted a subclass 787 visa will have already been previously been granted a criminal justice stay visa and this visa has already been specified in a former subparagraph 729(2)(f)(v) of the Act determination (see Social Security (Class of Visas—Qualification for Special Benefit) Determination 2004 – currently to be back-captured to the Federal Register of Legislative Instruments).On occasion proof that a person held a former specified visa may not be readily available. The Australian Government does not want any person who has assisted in the administration of criminal justice in relation to the offence of people trafficking, sexual servitude or deceptive recruiting to be disadvantaged.
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 commenced on the day on which it is signed.
Section 3 provides that for the purposes of subparagraph 729(2)(f)(v) of the Act a class of visas is subclass 787 (Witness Protection (Trafficking) (Temporary)) provided the person who holds the visa was a former holder of a criminal justice stay visa issued under subsection 155(2) of the Migration Act 1958 granted for the purpose of assisting in the administration of criminal justice in relation to the offence of people trafficking, sexual servitude or deceptive recruiting.