Social Security (Treating Health Professionals) Determination 2009

Administered by Department of Social Services

Legislation au F2009L02629 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Social Security (Treating Health Professionals) Determination 2009

 

Summary

 

The Social Security (Treating Health Professionals) Determination 2009 (the Determination) is made by the Secretary of the Department of Families, Housing, Community Services and Indigenous Affairs under section 38F of the Social Security Act 1991 (the Act).

 

The Determination provides part of the Government’s response to the report of the Carer Payment (child) Review Taskforce and in conjunction with the Social Security Legislation Amendment (Improved Support for Carers) Act 2009 (the Improved Support for Carers Act) and the Disability Care Load Assessment (Child) Determination 2009 gives effect to measures aimed at improving the assistance to carers from 1 July 2009. The purpose of the Determination is to allow the Secretary to determine that a person, or any person included in a class of persons, is a treating health professional for the purposes of the Act.

 

Background

 

The Improved Support for Carers Act amends the Act and the Social Security (Administration) Act 1999 in relation to the qualification for carer payment with respect to care provided to children.  The qualification criteria and assessment process for carer payment for care provided to children with disability or a medical condition will be changed to provide a fairer and more equitable process, based on the level of care required, rather than the rigid medical criteria used currently.

 

New section 38F of the Act has been inserted by the Improved Support for Carers Act to allow the Secretary to create a legislative instrument that determines that a person, or any person included in a class of persons, is a treating health professional for the purposes of the Act. This Determination provides for the kinds of persons that are to be regarded as a “treating health professionals” for the purposes of the Act. The kinds of persons who are included in this Determination will also be able to complete the professional questionnaire contained in the Disability Care Load Assessment (Child) Determination 2009.

 

Explanation of the provisions

 

Section 1 states the name of the Determination.

 

Section 2 states that the Determination commences on 1 July 2009. This corresponds with the commencement date of the amendments to the Act under which the Determination is made. The amendments are made by the Social Security Legislation Amendment (Improved Support for Carers) Act 2009.

 

Section 3 provides for the different kinds of person that are “treating health professionals” for the purposes of section 38F of the Act.

 

Section 3 consists of six subsections. Each subsection refers to a different kind of person who may be regarded as a treating health professional, and who may complete the assessment (questionnaires) in relation to the functional ability, behaviour and special care needs of a person aged under 16.

 

Subsection 3(a) provides that a person registered or licensed as a medical practitioner under a law of a State or Territory that provides for the registration or licensing of medical practitioners is a treating health professional for the purposes of the Act.

 

Subsection 3(b) provides that a person registered or licensed as a nurse under a law of a State or Territory that provides for the registration or licensing of nurses is a treating health professional for the purposes of the Act.

 

Subsection 3(c) provides that an occupational therapist who is eligible for membership of the Australian Association of Occupational Therapists is a treating health professional for the purposes of the Act.

 

Subsection 3(d) provides that a person registered or licensed to practise physiotherapy under a law of a State or Territory that provides for the registration or licensing of physiotherapists is a treating health professional for the purposes of the Act.

 

Subsection 3(e) provides that a person registered as a psychologist under a law of a State or Territory that provides for the registration of psychologists is a treating health professional for the purposes of the Act.

 

Subsection 3(f) provides that a person employed in a clinical role as an Aboriginal or Torres Strait Islander health worker, by a health service, in a geographically remote location is a treating health professional for the purposes of the Act.

 

Consultation

 

The kinds of people that are included in this Determination are based on the treating health professionals who are able to complete the professional questionnaire contained in the Adult Disability Assessment Tool (the ADAT) (contained in the Adult Disability Assessment Determination 1999) and comments contained in the Carer Payment (child) Taskforce’s Report which suggested that mental health professionals are not well represented on this list (the ADAT list). The Taskforce specifically recommended that psychologists could be considered for inclusion on the list of treating health professionals.  Development of the list of treating health professionals for the purposes of the ADAT was done in consultation with a range of disability and carer support organisations, and a number of treating health professional and customer reference groups. Due to the extensive consultation undertaken by the Carer Payment (child) Review Taskforce and the consultation conducted in the development of the ADAT, FaHCSIA considered that further consultation was unnecessary.

 


Regulatory Impact Analysis

 

This Determination does not require a Regulatory Impact Statement (RIS) nor a Business Cost Calculator Figure.  This Determination is not regulatory in nature, will not impact on business activity and will have no, or minimal, compliance costs or competition impact.

 

Overview

The Social Security (Treating Health Professionals) Determination 2009 was enacted to address the need for a more equitable and fair process for assessing carer payments, particularly for children with disabilities or medical conditions. This determination was made by the Secretary of the Department of Families, Housing, Community Services and Indigenous Affairs under section 38F of the Social Security Act 1991, as part of a broader legislative package aimed at improving support for carers. The policy objective is to shift the qualification criteria for carer payments from rigid medical criteria to a more flexible approach based on the level of care required. This determination identifies various health professionals who can be considered as treating health professionals for the purposes of the Act, including medical practitioners, nurses, occupational therapists, physiotherapists, psychologists, and Aboriginal or Torres Strait Islander health workers in remote locations. The determination was developed through extensive consultation with relevant stakeholders and is not considered to have significant regulatory, compliance, or competitive impacts.

Scope and Application

The Social Security (Treating Health Professionals) Determination 2009 applies to certain health professionals who are recognised as "treating health professionals" for the purposes of the Social Security Act 1991. These professionals include medical practitioners, nurses, occupational therapists, physiotherapists, psychologists, and Aboriginal or Torres Strait Islander health workers in remote areas. The Determination is made under section 38F of the Act and comes into effect on 1 July 2009. It is intended to assist in the assessment of carer payments for children, particularly those with disabilities or medical conditions, by allowing these health professionals to complete the professional questionnaire related to the child's functional ability, behaviour, and special care needs. The Determination is a legislative instrument that specifies the types of professionals eligible to be regarded as treating health professionals, thereby extending the application of the Act by clarifying who can be involved in the assessment process for carer payments. There are no exclusions, exemptions, or thresholds specified within the Determination itself, although its application may be influenced by the conditions of registration or licensing under state or territory laws.

Key Provisions

The main operative sections of the Social Security (Treating Health Professionals) Determination 2009 (the Determination) are found in Section 3, which enumerates the types of persons who can be considered treating health professionals for the purposes of the Social Security Act 1991 (the Act). Section 3(a) includes medical practitioners who are registered or licensed under state or territory laws. Section 3(b) covers nurses who are registered or licensed under state or territory laws. Section 3(c) lists occupational therapists who are eligible for membership in the Australian Association of Occupational Therapists. Section 3(d) includes physiotherapists who are registered or licensed under state or territory laws. Section 3(e) includes psychologists who are registered under state or territory laws. Lastly, Section 3(f) includes Aboriginal or Torres Strait Islander health workers employed in a clinical role by a health service in a geographically remote location. The Determination imposes specific obligations and requirements on the parties it governs. For instance, the persons listed in Section 3 must be registered or licensed according to the laws of their respective states or territories. Moreover, they must be willing and able to complete the professional questionnaires related to the functional ability, behaviour, and special care needs of individuals under 16 years old. This requirement ensures that the assessments are conducted by qualified professionals who can provide accurate and relevant information. The Determination does not explicitly outline specific offences, penalties, or consequences for breach. However, any breach of the conditions specified under the Social Security Act 1991 could potentially lead to legal repercussions. For example, if a person falsely claims to be a treating health professional to gain benefits, this could be considered fraud, which under Australian law could result in fines and imprisonment. Additionally, failing to comply with the requirements for completing the professional questionnaires might lead to administrative penalties or the invalidation of the assessment, impacting the carer's entitlement to benefits. Although the Determination itself does not detail penalties, the overarching legislative framework under which it operates does provide for such consequences.

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Social Security Law
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Regulation
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Licensing & Registration
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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.