Social Security (Participation Exemption - Parenting Order) (DEWR) (Revocation) Instrument 2007

Administered by Department of Social Services

Legislation au F2008L00089 Not in force Legislative Instrument

Legislation content

Explanatory Statement

 

Social Security (Participation Exemption – Parenting Order) (DEWR) (Revocation) Instrument 2007

 

Legislative authority

The Social Security (Participation Exemption – Parenting Order) (DEWR) (Revocation) Instrument 2007 (the Revocation Instrument) is made by the Secretary of the Department of Education, Employment and Workplace Relations under subsections 502D(3), 502D(5), 542FA(3), 542FA(5), 602C(3) and 602C(5) of the Social Security Act 1991 (the Act).

Summary

The Revocation Instrument revokes the Social Security (Participation Exemption – Parenting Order) (DEWR) Instrument 2007 (the Original Instrument).  The Original Instrument will become superfluous with the commencement of amendments to the Act, put in place by Schedule 1 of the Social Security Amendment (2007 Measures No. 2) Act 2007, on 1 January 2008.  Those amendments enable the making of determinations by the Secretary which exempt non-parent principal carers of children from the participation requirements for parenting payment, youth allowance, newstart allowance, and special benefit.

Background

Under sections 502D, 542FA and 602C of the Act, the Secretary can make determinations exempting people from the participation requirements for parenting payment, youth allowance and newstart allowance respectively, for up to 12 months.  Subsections 502D(5), 542FA(5) and 602C(5) of the Act authorise the Secretary to issue legislative instruments defining the classes of people for whom the Secretary can grant participation exemption determinations under subsections 502D(4), 542FA(4) and 602C(4).

 

On 8 February 2007, the then Secretary of the Department of Employment and Workplace Relations made the Original Instrument under subsections 502D(5), 542FA(5) and 602C(5) of the Act, and it commenced on 13 February 2007.  It permitted the Secretary to make determinations granting participation exemptions to people who were non-parent relatives of children (e.g. grand-parents, uncles, aunts) who were the principal carers of children under parenting orders under the Family Law Act 1975.  The purpose of the Original Instrument was to provide such people with participation exemptions under the social security law equivalent to parents who were principal carers of children.

 

However, subsections 502D(3), 542FA(3) and 602C(3) of the Act will be amended on 1 January 2008 to enable the Secretary to grant participation exemptions to non-parent principal carers of children.  These amendments are made by the Social Security Amendment (2007 Measures No. 2) Act 2007, and are described in the Explanatory Statement to the relevant Bill.

 

As a consequence of these amendments to the Act, the Original Instrument will become superfluous from 1 January 2008.  Accordingly, it will be revoked by the Revocation Instrument.  The Revocation Instrument also re-makes all pre-existing determinations granting participation exemptions to non-parent principal carers as new determinations under the amended subsections 502D(3), 542FA(3) and 602C(3) of the Act.

 

A substantively identical instrument, in relation to participation exemption determinations for special benefit, is being made by  the Secretary of the Department of Families, Housing, Community Services, and Indigenous Affairs under subsections 731DB(3) and 731DB(5) of the Act.

Explanation of the provisions

Section 1 – Name of instrument

The instrument is the Social Security (Participation Exemption – Parenting Order) (DEWR) (Revocation) Instrument 2007.

Section 2 – Commencement

The instrument commences on the later of:

  • 1 January 2008 (the same day that relevant amendments to subsections 502D(3), 542FA(3) and 602C(3) of the Act commence); or
  • the day after the day it is registered on the Federal Register of Legislative Instruments.

Section 3 – Revocation

The instrument revokes the Social Security (Participation Exemption – Parenting Order) (DEWR) Instrument 2007.

Section 4 – Transition of pre-existing determinations

As a result of the revocation of the Social Security (Participation Exemption – Parenting Order) (DEWR) Instrument 2007, existing participation exemption determinations under subsections 502D(4), 542FA(4) and 602C(4) of the Act in favour of non-parent principal carers need to be remade under the new subsections 502D(3), 542FA(3) and 602C(3).

 

Section 4 of the instrument makes new determinations under subsections 502D(3), 542FA(3) and 602C(3) of the Act identical to any previous determinations made under subsections 502D(4), 542FA(4) and 602C(4) which were due to expire on or after the day the instrument commenced.  Each new determination expires at the same time the determination it replaces would have, had the latter determination continued past the day the instrument commenced.

Consultation

The Department of Education, Employment and Workplace Relations has consulted with the Department of Families, Housing, Community Services and Indigenous Affairs regarding the revocation of the Social Security (Participation Exemption – Parenting Order) (FaCSIA) Instrument 2007.

 

As the Revocation Instrument merely revokes an instrument which has become superfluous because of amendments to the Act, and maintains pre-existing participation exemptions, it has no impact on the rights or obligations of any person.  Consequently, no further consultation on the Revocation Instrument has taken place.

Regulatory impact analysis

The Revocation Instrument has no effect on business or competition.  Consequently, no regulatory impact analysis as been undertaken.

 

Overview

The Social Security (Participation Exemption – Parenting Order) (DEWR) (Revocation) Instrument 2007 was introduced to address the redundancy of a previous instrument that had become obsolete due to legislative amendments. Enacted by the Secretary of the Department of Education, Employment and Workplace Relations, this instrument revokes the Social Security (Participation Exemption – Parenting Order) (DEWR) Instrument 2007. The revocation is necessary as the original instrument will no longer serve its purpose following the amendments to the Social Security Act 1991, which now allow for exemptions from participation requirements for non-parent principal carers of children. The instrument ensures that pre-existing participation exemption determinations are remade under the new provisions, thus maintaining the rights and obligations of those affected without any additional impact on individuals or businesses.

Scope and Application

The Social Security (Participation Exemption – Parenting Order) (DEWR) (Revocation) Instrument 2007 is a legislative instrument made under the Social Security Act 1991, and it serves to revoke the Social Security (Participation Exemption – Parenting Order) (DEWR) Instrument 2007, which will become redundant following amendments to the Act. The Revocation Instrument is applicable to non-parent principal carers of children who were previously granted exemptions from social security participation requirements under a parenting order. It is effective as of 1 January 2008, the same day the relevant amendments to the Act take effect, or the day after the instrument is registered on the Federal Register of Legislative Instruments, whichever is later. The instrument ensures that pre-existing determinations granting participation exemptions to non-parent principal carers are remade under the amended sections of the Act, preserving the exemptions without interruption. This ensures that the rights and obligations of the affected individuals remain unchanged, as the revocation of the previous instrument and the creation of new determinations under the amended Act is intended to maintain continuity in the application of these exemptions.

Key Provisions

The main sections of the Social Security (Participation Exemption – Parenting Order) (DEWR) (Revocation) Instrument 2007 (the Revocation Instrument) include Section 1, which names the instrument; Section 2, which specifies the commencement date of the instrument; Section 3, which revokes the Social Security (Participation Exemption – Parenting Order) (DEWR) Instrument 2007; and Section 4, which outlines the transition of pre-existing determinations. Section 1 simply identifies the instrument by name, while Section 2 states that the instrument commences on the later of January 1, 2008, or the day after its registration on the Federal Register of Legislative Instruments. Section 3 revokes the Original Instrument, and Section 4 ensures the transition of existing participation exemption determinations for non-parent principal carers under the new subsections of the Social Security Act 1991. The Revocation Instrument imposes obligations on the Secretary of the Department of Education, Employment and Workplace Relations, who is responsible for revoking the Original Instrument and remaking pre-existing participation exemption determinations under the amended subsections of the Act. The Secretary must ensure that any existing participation exemption determinations for non-parent principal carers are remade under the new subsections of the Act. This transition process ensures that there is no interruption in the exemption of these individuals from the participation requirements for social security payments. The Revocation Instrument does not introduce any new offences, penalties, or consequences for breach, as it is primarily concerned with the revocation of an existing instrument and the transition of pre-existing determinations. However, it is important to note that any failure by the Secretary to properly revoke the Original Instrument or re-make the pre-existing determinations under the amended subsections of the Act could result in legal challenges or disputes regarding the validity of the participation exemptions for non-parent principal carers. Such challenges would need to be addressed within the existing legal framework and would not be directly related to the Revocation Instrument itself. In summary, the Revocation Instrument revokes the Social Security (Participation Exemption – Parenting Order) (DEWR) Instrument 2007 and ensures the transition of existing participation exemption determinations for non-parent principal carers under the amended subsections of the Social Security Act 1991. The instrument imposes obligations on the Secretary of the Department of Education, Employment and Workplace Relations to properly revoke the Original Instrument and re-make the pre-existing determinations, while there are no new offences, penalties, or consequences for breach introduced by the Revocation Instrument. Instead, any potential issues arising from the instrument would need to be addressed within the existing legal framework.

Legal classification tags

Area of Law
Social Security Law
Instrument
Instrument
Concepts
Commencement Provisions
Repeal & Amendment
Transitional Provisions

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.