Social Services Amendment Act (No. 2) 1981

Overview

The Social Services Amendment Act (No. 2) 1981, enacted by the Queen and the Senate and House of Representatives of the Commonwealth of Australia, seeks to amend section 105a of the Social Services Act 1947. This amendment was introduced to address the need for a more comprehensive definition of a "refugee child," ensuring that the criteria for eligibility under social services are inclusive and reflective of contemporary humanitarian programs. By broadening the definition of "refugee child" to include those admitted under special humanitarian programs and those granted refugee status, the Act aims to provide a more inclusive framework that aligns with the evolving nature of refugee admissions in Australia.

Scope and Application

The Social Services Amendment Act (No. 2) 1981 amends section 105a of the Social Services Act 1947 to redefine the term “refugee child” and to allow retrospective approvals of special humanitarian programs. This Act applies to the Commonwealth of Australia, affecting the interpretation and application of social services legislation concerning refugee children. It specifically targets entities and individuals who are involved in the administration and provision of social services, particularly in relation to refugee children. The Act does not explicitly state any exclusions or exemptions but implies that it applies to all relevant programs and approvals within the scope of the Social Services Act 1947. The Act’s provisions may be extended or restricted through subordinate instruments, which are not detailed in the provided text.

Key Provisions

The Social Services Amendment Act (No. 2) 1981 amends section 105a of the Social Services Act 1947 by redefining the term "refugee child" and introducing new criteria for this definition. Specifically, subsection (1) of section 105a now defines a "refugee child" as a child who has been granted refugee status by the Australian Government, a child admitted into Australia as a refugee by the Australian Government, or a child admitted under a special humanitarian program approved by the Minister (section 3(a)-(c)). This expanded definition aims to ensure a broader and more inclusive group of children are recognised under this category. Additionally, subsection (1b) clarifies that approvals for special humanitarian programs can be retrospective, applying to programs established before the amendment's commencement date (section 3(b)). The Act imposes specific obligations on the Australian Government and the Minister regarding the recognition and admission of refugee children. The Australian Government must grant refugee status to children meeting the criteria outlined in the amended definition (section 3(a)-(c)). Furthermore, the Minister is responsible for approving special humanitarian programs and ensuring these programs are aligned with the Act's definitions and objectives (section 3(b)). These obligations necessitate that both the Government and the Minister take proactive steps to identify, assess, and formally recognise children who fall under the new definition of "refugee child". Failure to comply with the provisions of the Act may result in various consequences. While the Act does not explicitly outline criminal or civil penalties for non-compliance, breaches of the Act could potentially lead to legal challenges or administrative actions. For instance, if the Australian Government fails to grant refugee status to a child who meets the criteria, this could be contested in court, leading to judicial review and potential enforcement of the government's obligations. Similarly, if the Minister does not properly approve special humanitarian programs, this could result in legal disputes regarding the validity of admissions under such programs. The consequences of such breaches, while not explicitly stated in the Act, could include corrective measures to ensure compliance with the Act's requirements.