Social Security Legislation Amendment (Green Army Programme) Act 2014

Overview

The Social Security Legislation Amendment (Green Army Programme) Act 2014 was enacted by the Parliament of Australia to address the need for a new program aimed at engaging young people in environmental conservation and sustainable land management activities. This Act amends the Social Security Act 1991 and the Social Security (Administration) Act 1999 to introduce provisions that specifically relate to the Green Army Programme. The policy objective behind this legislation is to establish a framework that supports the Green Army Programme by ensuring that individuals participating in the program are appropriately classified under social security laws, thus preventing any conflict with existing social security benefits and pensions. The Act also aims to provide clarity regarding the employment status of participants in the Green Army Programme under various Commonwealth laws.

Scope and Application

The Social Security Legislation Amendment (Green Army Programme) Act 2014 amends the Social Security Act 1991 and the Social Security (Administration) Act 1999 to establish and regulate the Green Army Programme. This Act applies to individuals participating in the Green Army Programme, specifically those receiving green army allowance. It clarifies that such participants are not considered workers or employees under certain Commonwealth laws, including the Fair Work Act 2009, the Work Health and Safety Act 2011, and the Safety, Rehabilitation and Compensation Act 1988. Additionally, the Act modifies the income test for social security pensions when one partner receives green army allowance. The amendments aim to ensure that recipients of green army allowance are not simultaneously eligible for social security benefits or pensions and to specify the conditions under which green army allowance may or may not be considered ordinary income for the purposes of calculating social security pension rates. This legislation applies nationally within the Commonwealth of Australia and came into effect on 1 July 2014.

Key Provisions

The Social Security Legislation Amendment (Green Army Programme) Act 2014 introduces specific provisions regarding the Green Army Programme, which is administered by the Commonwealth. Key amendments include the addition of a new section in the Social Security Act 1991 that defines "green army allowance" and "Green Army Programme" (section 23(1)). Furthermore, it introduces a new part, Part 1.3A, which outlines the Green Army Programme's impact on social security benefits (section 38G). Specifically, section 38H states that a social security benefit or pension is not payable to an individual if they are receiving green army allowance. Additionally, section 38J specifies that certain participants in the Green Army Programme are not considered workers or employees under various Commonwealth laws, such as the Work Health and Safety Act 2011, the Safety, Rehabilitation and Compensation Act 1988, and the Fair Work Act 2009 (section 38J(1)). The Secretary can prescribe exceptions through a legislative instrument (section 38J(2)-(3)). Section 38K addresses the income test for a person's social security pension if green army allowance is payable to their partner, with certain thresholds determining whether the allowance is considered ordinary income (section 38K). The Act imposes obligations on participants in the Green Army Programme, such as the requirement that they not be considered workers or employees under specific Commonwealth laws (section 38J). It also requires that social security benefits or pensions not be payable to individuals receiving green army allowance (section 38H). Additionally, the Act mandates that certain income tests be applied when determining the rate of a person's social security pension if their partner is receiving green army allowance (section 38K). These provisions are designed to ensure that the Green Army Programme operates within the framework of existing social security laws while providing clarity on the status of participants and the impact on social security entitlements. The Act includes provisions for civil consequences in the event of non-compliance. For instance, if an individual is found to be in breach of the conditions that prevent them from being considered a worker or employee under certain Commonwealth laws, they may face penalties as prescribed by those laws. Similarly, if an individual receives a social security benefit or pension while receiving green army allowance, this constitutes a breach of the Act, and appropriate actions may be taken to recover any improperly paid benefits. The Act also specifies that an adverse determination to give effect to section 38H of the 1991 Act takes effect on the specified day in the determination (section 118(2C) of the Social Security (Administration) Act 1999). The maximum penalties for such breaches are not explicitly stated in the Act but would be governed by the respective laws under which the Green Army Programme operates.