Social Services Act 1959

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SOCIAL SERVICES.

No. 57 of 1959.

An Act to amend the Social Services Act 1947–1958.

[Assented to 30th September, 1959.]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Social Services Act 1959.

(2.) The Social Services Act 1947–1958 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Social Services Act 1947–1959.

Commencement.

2.—(1.) Subject to the next succeeding sub-section, this Act shall come into operation on a date to be fixed by Proclamation.

(2.) Sections one, two, five, seven, ten, twelve, fifteen, twenty-one and twenty-five of this Act shall come into operation on the day on which this Act receives the Royal Assent.

Parts.

3. Section five of the Principal Act is amended—

(a) by omitting the words—

“Division 10.—General (Sections 47–53).”

and inserting in their stead the words—

“Division 10—General (Sections 48–53).”;

(b) by omitting the words—

“Division 7.—General (Sections 76–83).”

and inserting in their stead the words—

“Division 7.—General (Sections 77–83).”; and

“Division 2.—Qualifications for Benefits (Sections 107–111).”

and inserting in their stead the words—

“Division 2.—Qualifications for Benefits (Sections 107–110).”.

Officers to observe secrecy.

4. Section seventeen of the Principal Act is amended by omitting sub-section (3.) and inserting in its stead the following sub-section:—

“(3.) A person who is, or has been, an officer shall not, except for the purposes of this Act, be required—

(a) to produce in court any document that has come into his possession or under his control in the performance of his duties or functions under this Act or any Act repealed by this Act; or

(b) to divulge or communicate to a court any matter or thing that has come under his notice in the performance of any such duties or functions.”.

Definitions.

5. Section eighteen of the Principal Act is amended—

(a) by inserting in paragraph (a) of the definition of “income”, after the word “payment”, the words “(not being a payment of an annuity)”;

(b) by inserting in paragraph (b) of the definition of “income”, after the word “payment”, the words “(not being a payment of an annuity)”;

(d) by adding at the end of the definition of “income” the following word and paragraph:—

“or (l) an amount payable by the Repatriation Commission as a clothing allowance to a member of the Forces whose clothing,

because of a disability from which he suffers, is subject to exceptional wear and tear or damage;”.

Aliens.

6. Section nineteen of the Principal Act is amended by omitting sub-section (2.).

Rate of pension.

7. Section twenty-eight of the Principal Act is amended—

(a) by omitting from sub-section (1a.) the words “Two hundred and twenty-seven pounds ten shillings” and inserting in their stead the words “Two hundred and forty-seven pounds”; and

(b) by omitting from sub-paragraph (i) of paragraph (b) of sub-section (3.) the words “Thirty-one pounds ten shillings” and inserting in their stead the words “Thirty-three pounds”.

8. Section forty-three of the Principal Act is repealed and the following section inserted in its stead:—

Payment of pension to other person, &c.

“43. Where the Director-General is satisfied that, for any reason, it is desirable that payment of the whole or a portion of a pension should be made to a person, institution or authority on behalf of the pensioner, the Director-General may authorize payment accordingly.”.

Provisions with respect to aboriginal natives.

9. Section forty-seven of the Principal Act is repealed.

Inmates of benevolent homes.

10. Section fifty of the Principal Act is amended by omitting from paragraph (a) of sub-section (1.) the words “Seventy-nine pounds six shillings” and inserting in their stead the words “Eighty-five pounds sixteen shillings”.

Conditions of grant of widow’s pension.

11. Section sixty-two of the Principal Act is amended by omitting sub-section (2.).

Rate of widow’s pension.

12. Section sixty-three of the Principal Act is amended—

(a) by omitting from paragraph (a) of sub-section (1.) the words “Two hundred and forty pounds ten shillings” and inserting in their stead the words “Two hundred and sixty pounds”;

(b) by omitting from paragraph (ab) of sub-section (1.) the words “Two hundred and forty pounds ten shillings” and inserting in their stead the words “Two hundred and sixty pounds”;

(c) by omitting from paragraph (b) of sub-section (1.) the words “One hundred and ninety-five pounds” and inserting in their stead the words “Two hundred and fourteen pounds ten shillings”; and

(d) by omitting from sub-section (3.) the words “Three pounds fifteen shillings” and inserting in their stead the words “Four pounds two shillings and sixpence”.

13. Section seventy-two of the Principal Act is repealed and the following section inserted in its stead:—

Payment of pension to other person, &c.

“72. Where the Director-General is satisfied that, for any reason, it is desirable that payment of the whole or a portion of a pension should be made to a person, institution or authority on behalf of the pensioner, the Director-General may authorize payment accordingly.”.

Provisions with respect to aboriginal natives.

14. Section seventy-six of the Principal Act is repealed.

Inmates of benevolent homes.

15. Section eighty of the Principal Act is amended by omitting from paragraph (a) of sub-section (1.) the words “Seventy pounds four shillings “ and inserting in their stead the words” Seventy-six pounds fourteen shillings”.

Persons disqualified for maternity allowance.

16. Section eighty-six of the Principal Act is amended by omitting sub-section (3.).

17. Section ninety-one of the Principal Act is repealed and the following section inserted in its stead:—

Payment of allowance to other person. &c.

“91. Where the Director-General is satisfied that, for any reason, it is desirable that payment of the whole or a portion of a maternity allowance should be made to a person, institution or authority on behalf of the person to whom the allowance is granted, the Director-General may authorize payment accordingly.”.

18. Section ninety-seven of the Principal Act is repealed and the following section inserted in its stead:—

Children of aboriginal natives of Australia.

“97. An endowment shall not be granted to an aboriginal native of Australia in respect of a child who is wholly or mainly dependent upon the Commonwealth or a State for his support.”.

19. Section one hundred of the Principal Act is repealed and the following section inserted in its stead:—

Payment of endowment to other person, &c.

“100. Where the Director-General is satisfied that, for any reason, it is desirable that payment of the whole or a portion of an endowment should be made to a person, institution or authority on behalf of the endowee, the Director-General may authorize payment accordingly.”.

Application of endowment.

20. Section one hundred and five of the Principal Act is amended by omitting the words “or institution” and inserting in their stead the words “, institution or authority”.

Interpretation.

21. Section one hundred and six of the Principal Act is amended—

(a) by omitting from paragraph (g) of the definition of “income” in sub-section (1.) the word “or”; and

(b) by adding at the end of the definition of “income” in sub-section (1.) the following word and paragraph:—

“or (i) an amount payable by the Repatriation Commission as a clothing allowance to a member of the Forces whose clothing, because of a disability from which he suffers, is subject to exceptional wear and tear or damage;”.

Aboriginal natives.

22. Section one hundred and eleven of the Principal Act is repealed.

Manner of payment of unemployment benefit and sickness benefit.

23. Section one hundred and twenty-three of the Principal Act is amended by omitting from sub-section (1.) the words “such other person” and inserting in their stead the words “such person, institution or authority”.

24. After section one hundred and thirty-seven of the Principal Act the following section is inserted:—

Certain aboriginals not entitled to a pension. &c.

“137a. An aboriginal native of Australia who follows a mode of life that is, in the opinion of the Director-General, nomadic or primitive is not entitled to a pension, allowance, endowment or benefit under this Act.”.

Application of certain amendments.

25. The amendments effected by sections seven, ten, twelve and fifteen of this Act apply in relation to an instalment of pension falling due on the first pension pay day after the day on which this Act receives the Royal Assent and to all subsequent instalments.

Overview

The Social Services Act 1959 was enacted to amend the Social Services Act 1947-1958. This Act was passed by the Parliament of Australia and received Royal Assent on 30th September 1959. The main purpose of this legislation was to make various amendments to the Social Services Act 1947-1958, including updating definitions, adjusting rates of pensions and allowances, and clarifying provisions for the payment of pensions and allowances to other persons or authorities. The policy objective behind these amendments was to ensure that the social services provided by the Commonwealth were adequately adjusted to meet the evolving needs of the Australian population, while maintaining the integrity and effectiveness of the social security system. The Social Services Act 1959 introduced amendments to several sections of the Principal Act, including the omission and insertion of specific words and phrases, the repeal of certain subsections, and the addition of new sections to address gaps in the legislation. Some of the key changes included updating the definition of "income" to exclude payments of annuities, amending the rate of pensions and allowances, and clarifying the conditions under which payments could be made to other persons or authorities on behalf of the pensioner or beneficiary. Furthermore, the Act introduced provisions to restrict the entitlement of aboriginal natives of Australia who followed a nomadic or primitive mode of life from receiving pensions, allowances, endowments, or benefits under the Act.

Scope and Application

The Social Services Act 1959 amends the Social Services Act 1947-1958 and applies to individuals and entities who are subject to the provisions of the amended Act. This Act primarily concerns itself with the administration of social security benefits, pensions, and allowances under the Commonwealth of Australia. It extends its reach across the nation, applying uniformly throughout the federal territories. However, the Act does not specify any exclusions or exemptions; instead, it delineates specific circumstances under which benefits may be granted or withheld, such as the conditions for aboriginal natives and the manner of payment to other persons or institutions on behalf of the beneficiary. The Act also allows for the Director-General to make discretionary decisions regarding the payment of benefits under certain conditions. The application of certain amendments made by the Act is retroactive to the first pension pay day following the Royal Assent, impacting all subsequent instalments. The Act’s scope and application are further defined through subordinate instruments, which may provide additional detail or clarification on the implementation of the Act’s provisions.

Key Provisions

The Social Services Act 1959 introduces several amendments to the Social Services Act 1947–1958, focusing on updating and refining the provisions for social security benefits, pensions, and allowances. The main sections of the Act (sections 5, 7, 10, 12, 15, and 19) modify the definition of income to exclude certain annuity payments, adjust the rates of pensions and allowances, and provide for the payment of benefits to third parties on behalf of the beneficiaries. For instance, Section 7 revises the rate of pension by increasing it from £227 10s to £247, while Section 12 adjusts the rate of widow's pension to £260, among other changes. Additionally, Section 43 and Section 72 allow the Director-General to authorize the payment of pensions to third parties if deemed necessary. The Act imposes specific obligations on the parties it governs, including the requirement for officers to maintain secrecy concerning documents and information obtained during their duties (Section 4). It also mandates that certain benefits and allowances, such as clothing allowances for members of the Forces with disabilities, be included in the definition of income (Section 5). Furthermore, the Act outlines the conditions under which payments can be made to third parties on behalf of beneficiaries, ensuring that such payments are authorized by the Director-General (Sections 43, 72, 91, and 100). Breach of the provisions of this Act can lead to various civil and criminal consequences. For example, officers who violate the secrecy provisions (Section 4) may face legal repercussions for disclosing confidential information. While the Act does not explicitly outline specific penalties for breaches, it is inferred that such breaches could lead to legal action under the general principles of law. It is also important to note that certain provisions, such as the exclusion of certain aboriginal natives from receiving pensions or allowances if they are deemed to lead a nomadic or primitive lifestyle (Section 137a), could have significant implications if not correctly applied, potentially leading to disputes or legal challenges regarding eligibility for benefits.

Area of Law: Social Security Law
Instrument: Amending Act
Concepts: Commencement Provisions; Definitions & Interpretation; Repeal & Amendment

Interactions

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.

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