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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020-2021
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Services Legislation Amendment
(Portability Extensions) Bill 2021
No. , 2021
(Social Services)
A Bill for an Act to amend the law relating to social
security, and for related purposes
No. , 2021
Social Services Legislation Amendment (Portability Extensions) Bill
2021
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Social Security Act 1991
3
Social Security (Administration) Act 1999
8
Social Services and Other Legislation Amendment Act 2014
9
No. , 2021
Social Services Legislation Amendment (Portability Extensions) Bill
2021
1
A Bill for an Act to amend the law relating to social
1
security, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Social Services Legislation Amendment (Portability
5
Extensions) Act 2021
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Social Services Legislation Amendment (Portability Extensions) Bill
2021
No. , 2021
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
1 July 2021.
1 July 2021
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments
Schedule 1
No. , 2021
Social Services Legislation Amendment (Portability Extensions) Bill
2021
3
Schedule 1--Amendments
1
2
Social Security Act 1991
3
1 Subsections 1216(2) and (3)
4
Repeal the subsections, substitute:
5
(2) If:
6
(a) the Secretary is satisfied that the person's absence from
7
Australia is temporary; and
8
(b) the Secretary is satisfied that the person is unable to return to
9
Australia before the end of the 26 weeks mentioned in
10
paragraph (1)(a) because of an event referred to in
11
subsection (3);
12
the Secretary may, in relation to the person, determine that a
13
reference to 26 weeks in paragraph (1)(a) is taken to be a reference
14
to another number of weeks.
15
(3) The events are the following:
16
(a) a serious accident involving the person or a family member
17
of the person;
18
(b) a serious illness of the person or a family member of the
19
person;
20
(c) the hospitalisation of the person or a family member of the
21
person;
22
(d) the death of a family member of the person;
23
(e) the person's involvement in custody proceedings in the
24
country in which the person is located;
25
(f) a legal requirement for the person to remain outside Australia
26
in connection with criminal proceedings (other than criminal
27
proceedings in respect of a crime alleged to have been
28
committed by the person);
29
(g) robbery or serious crime committed against the person or a
30
family member of the person;
31
(h) a natural disaster in the country in which the person is
32
located;
33
Schedule 1
Amendments
4
Social Services Legislation Amendment (Portability Extensions) Bill
2021
No. , 2021
(i) a public health crisis affecting Australia or the country in
1
which the person is located or both;
2
(j) political or social unrest in the country in which the person is
3
located;
4
(k) industrial action in the country in which the person is located;
5
(l) a war in the country in which the person is located.
6
(4) The Secretary must not make a determination under subsection (2)
7
unless:
8
(a) the event occurred or began during the period of absence; and
9
(b) if the event is political or social unrest, industrial action or
10
war--the person is not willingly involved in, or willingly
11
participating in, the event.
12
(5) If the Secretary determines another number (the
new number
) of
13
weeks under subsection (2), then, immediately after that
14
determination is made, a reference to a number of weeks in
15
paragraph (1)(a), and each reference to a number of weeks in
16
subsection (2), is taken to be a reference to that new number.
17
2 After subsection 1220A(1)
18
Insert:
19
(1A) If:
20
(a) the Secretary is satisfied that the person's absence from
21
Australia is temporary; and
22
(b) the Secretary is satisfied that the person is unable to return to
23
Australia before the end of the 26 weeks mentioned in
24
paragraph (1)(a) because of an event referred to in
25
subsection (1B);
26
the Secretary may, in relation to the person, determine that a
27
reference to 26 weeks in paragraph (1)(a) is taken to be a reference
28
to another number of weeks.
29
(1B) The events are the following:
30
(a) a serious accident involving the person or a family member
31
of the person;
32
(b) a serious illness of the person or a family member of the
33
person;
34
Amendments
Schedule 1
No. , 2021
Social Services Legislation Amendment (Portability Extensions) Bill
2021
5
(c) the hospitalisation of the person or a family member of the
1
person;
2
(d) the death of a family member of the person;
3
(e) the person's involvement in custody proceedings in the
4
country in which the person is located;
5
(f) a legal requirement for the person to remain outside Australia
6
in connection with criminal proceedings (other than criminal
7
proceedings in respect of a crime alleged to have been
8
committed by the person);
9
(g) robbery or serious crime committed against the person or a
10
family member of the person;
11
(h) a natural disaster in the country in which the person is
12
located;
13
(i) a public health crisis affecting Australia or the country in
14
which the person is located or both;
15
(j) political or social unrest in the country in which the person is
16
located;
17
(k) industrial action in the country in which the person is located;
18
(l) a war in the country in which the person is located.
19
(1C) The Secretary must not make a determination under
20
subsection (1A) unless:
21
(a) the event occurred or began during the period of absence; and
22
(b) if the event is political or social unrest, industrial action or
23
war--the person is not willingly involved in, or willingly
24
participating, in the event.
25
(1D) If the Secretary determines another number (the
new number
) of
26
weeks under subsection (1A), then, immediately after that
27
determination is made, a reference to a number of weeks in
28
paragraph (1)(a), and each reference to a number of weeks in
29
subsection (1A), is taken to be a reference to that new number.
30
3 Subsections 1220A(6) and (7)
31
Repeal the subsections.
32
4 After subsection 1220B(1)
33
Insert:
34
Schedule 1
Amendments
6
Social Services Legislation Amendment (Portability Extensions) Bill
2021
No. , 2021
(1A) If:
1
(a) the Secretary is satisfied that the person's absence from
2
Australia is temporary; and
3
(b) the Secretary is satisfied that the person is unable to return to
4
Australia before the end of the 26 weeks mentioned in
5
paragraph (1)(a) because of an event referred to in
6
subsection (1B);
7
the Secretary may, in relation to the person, determine that a
8
reference to 26 weeks in paragraph (1)(a) is taken to be a reference
9
to another number of weeks.
10
(1B) The events are the following:
11
(a) a serious accident involving the person or a family member
12
of the person;
13
(b) a serious illness of the person or a family member of the
14
person;
15
(c) the hospitalisation of the person or a family member of the
16
person;
17
(d) the death of a family member of the person;
18
(e) the person's involvement in custody proceedings in the
19
country in which the person is located;
20
(f) a legal requirement for the person to remain outside Australia
21
in connection with criminal proceedings (other than criminal
22
proceedings in respect of a crime alleged to have been
23
committed by the person);
24
(g) robbery or serious crime committed against the person or a
25
family member of the person;
26
(h) a natural disaster in the country in which the person is
27
located;
28
(i) a public health crisis affecting Australia or the country in
29
which the person is located or both;
30
(j) political or social unrest in the country in which the person is
31
located;
32
(k) industrial action in the country in which the person is located;
33
(l) a war in the country in which the person is located.
34
(1C) The Secretary must not make a determination under
35
subsection (1A) unless:
36
(a) the event occurred or began during the period of absence; and
37
Amendments
Schedule 1
No. , 2021
Social Services Legislation Amendment (Portability Extensions) Bill
2021
7
(b) if the event is political or social unrest, industrial action or
1
war--the person is not willingly involved in, or willingly
2
participating in, the event.
3
(1D) If the Secretary determines another number (the
new number
) of
4
weeks under subsection (1A), then, immediately after that
5
determination is made, a reference to a number of weeks in
6
paragraph (1)(a), and each reference to a number of weeks in
7
subsection (1A), is taken to be a reference to that new number.
8
5 Subsections 1220B(3) and (4)
9
Repeal the subsections.
10
6 Division 4 of Part 4.2
11
Repeal the Division.
12
7 After subclause 128(1) of Schedule 1A
13
Insert:
14
(1A) If:
15
(a) the Secretary is satisfied that the person's return to Australia
16
is temporary; and
17
(b) the Secretary is satisfied that the person is unable to leave
18
Australia before the end of the 26 weeks mentioned in
19
paragraph (1)(b) because of an event referred to in
20
subclause (1B);
21
the Secretary may, in relation to the person, determine that a
22
reference to 26 weeks in paragraph (1)(b) is taken to be a reference
23
to another number of weeks.
24
(1B) The events are the following:
25
(a) a serious accident involving the person or a family member
26
of the person;
27
(b) a serious illness of the person or a family member of the
28
person;
29
(c) the hospitalisation of the person or a family member of the
30
person;
31
(d) the death of a family member of the person;
32
Schedule 1
Amendments
8
Social Services Legislation Amendment (Portability Extensions) Bill
2021
No. , 2021
(e) the person's involvement in custody proceedings in
1
Australia;
2
(f) a legal requirement for the person to remain in Australia in
3
connection with criminal proceedings (other than criminal
4
proceedings in respect of a crime alleged to have been
5
committed by the person);
6
(g) robbery or serious crime committed against the person or a
7
family member of the person;
8
(h) a natural disaster in Australia;
9
(i) a public health crisis affecting Australia or the country to
10
which the person intends to return to or both.
11
(1C) The Secretary must not make a determination under subclause (1A)
12
unless the event occurred or began during the period of return to
13
Australia.
14
(1D) If the Secretary determines another number (the
new number
) of
15
weeks under subclause (1A), then, immediately after that
16
determination is made, a reference to a number of weeks in
17
paragraph (1)(b), and each reference to a number of weeks in
18
subclause (1A), is taken to be a reference to that new number.
19
8 Subclauses 128(4) and (5) of Schedule 1A
20
Repeal the subclauses.
21
Social Security (Administration) Act 1999
22
9 At the end of Subdivision B of Division 9 of Part 3
23
Add:
24
114A Date of effect of favourable determination--portability
25
extensions
26
A favourable determination that is made as a result of a
27
determination referred to in:
28
(a) subsection 1216(2), 1220A(1A) or 1220B(1A) of the 1991
29
Act; or
30
(b) subclause 128(1A) of Schedule 1A to the 1991 Act; or
31
Amendments
Schedule 1
No. , 2021
Social Services Legislation Amendment (Portability Extensions) Bill
2021
9
(c) subitem 6(6) or 14(8) of Schedule 4 to the
Social Services
1
and Other Legislation Amendment Act 2014
;
2
may be expressed to take effect on a day earlier than otherwise
3
permitted by this Subdivision.
4
Social Services and Other Legislation Amendment Act 2014
5
10 At the end of item 6 of Schedule 4
6
Add:
7
Portability extension
8
(6)
If:
9
(a) in relation to a person referred to in subitem (3) or (4), the
10
Secretary is satisfied that the person's return to Australia is
11
temporary; and
12
(b) the Secretary is satisfied that the person is unable to leave
13
Australia before the end of the 26 weeks mentioned in
14
paragraph (3)(d) or (4)(d) because of an event referred to in
15
subitem (7);
16
the Secretary may, in relation to the person, determine that a reference
17
to 26 weeks in paragraph (3)(d) or (4)(d) is taken to be a reference to
18
another number of weeks.
19
(7)
The events are the following:
20
(a) a serious accident involving the person or a family member
21
of the person;
22
(b) a serious illness of the person or a family member of the
23
person;
24
(c) the hospitalisation of the person or a family member of the
25
person;
26
(d) the death of a family member of the person;
27
(e) the person's involvement in custody proceedings in
28
Australia;
29
(f) a legal requirement for the person to remain in Australia in
30
connection with criminal proceedings (other than criminal
31
proceedings in respect of a crime alleged to have been
32
committed by the person);
33
Schedule 1
Amendments
10
Social Services Legislation Amendment (Portability Extensions) Bill
2021
No. , 2021
(g) robbery or serious crime committed against the person or a
1
family member of the person;
2
(h) a natural disaster in Australia;
3
(i) a public health crisis affecting Australia or the country to
4
which the person intends to return to or both.
5
(8)
The Secretary must not make a determination under subitem (6) unless
6
the event occurred or began during the period of return to Australia.
7
(9)
If the Secretary determines another number (the
new number
) of weeks
8
under subitem (6), then, immediately after that determination is made, a
9
reference to a number of weeks in paragraph (3)(d) or (4)(d), and each
10
reference to a number of weeks in subitem (6), is taken to be a reference
11
to that new number.
12
(10)
Subitems (6) to (8) apply in relation to the following:
13
(a) a period of return to Australia starting on or after the
14
commencement of those subitems;
15
(b) a period of return to Australia starting before that
16
commencement, where the person is in Australia
17
immediately before that commencement and where:
18
(i) the 26 weeks mentioned in paragraph (3)(d) or (4)(d) of
19
this item had not ended immediately before that
20
commencement; or
21
(ii) under subsection 1221A(1) of the
Social Security Act
22
1991
, as in force before 1 July 2021, the Secretary had
23
determined another number of weeks with the result that
24
the period referred to in paragraph (3)(d) or (4)(d) of
25
this item
ended at the end of 30 June 2021.
26
(11)
If subitems (6) to (8) apply in relation to a period of return because of
27
the operation of subparagraph (10)(b)(ii) of this item, then, at the
28
commencement of this subitem, a reference to 26 weeks in
29
paragraph (3)(d) or (4)(d) of this item, and each reference to 26 weeks
30
in subitem (6), is taken to be a reference to that other number of weeks.
31
11 At the end of item 14 of Schedule 4
32
Add:
33
Amendments
Schedule 1
No. , 2021
Social Services Legislation Amendment (Portability Extensions) Bill
2021
11
Portability extension
1
(8)
If:
2
(a) in relation to a person referred to in subitem (3) or (4), the
3
Secretary is satisfied that the person's return to Australia is
4
temporary; and
5
(b) the Secretary is satisfied that the person is unable to leave
6
Australia before the end of the 26 weeks mentioned in
7
paragraph (3)(d) or (4)(d) because of an event referred to in
8
subitem (9);
9
the Secretary may, in relation to the person, determine that a reference
10
to 26 weeks in paragraph (3)(d) or (4)(d) is taken to be a reference to
11
another number of weeks.
12
(9)
The events are the following:
13
(a) a serious accident involving the person or a family member
14
of the person;
15
(b) a serious illness of the person or a family member of the
16
person;
17
(c) the hospitalisation of the person or a family member of the
18
person;
19
(d) the death of a family member of the person;
20
(e) the person's involvement in custody proceedings in
21
Australia;
22
(f) a legal requirement for the person to remain in Australia in
23
connection with criminal proceedings (other than criminal
24
proceedings in respect of a crime alleged to have been
25
committed by the person);
26
(g) robbery or serious crime committed against the person or a
27
family member of the person;
28
(h) a natural disaster in Australia;
29
(i) a public health crisis affecting Australia or the country to
30
which the person intends to return to or both.
31
(10)
The Secretary must not make a determination under subitem (8) unless
32
the event occurred or began during the period of return to Australia.
33
(11)
If the Secretary determines another number (the
new number
) of weeks
34
under subitem (8), then, immediately after that determination is made, a
35
reference to a number of weeks in paragraph (3)(d) or (4)(d), and each
36
Schedule 1
Amendments
12
Social Services Legislation Amendment (Portability Extensions) Bill
2021
No. , 2021
reference to a number of weeks in subitem (8), is taken to be a reference
1
to that new number.
2
(12)
Subitems (8) to (10) apply in relation to the following:
3
(a) a period of return to Australia starting on or after the
4
commencement of those subitems;
5
(b) a period of return to Australia starting before that
6
commencement, where the person is in Australia
7
immediately before that commencement and where:
8
(i) the 26 weeks mentioned in paragraph (3)(d) or (4)(d) of
9
this item had not ended immediately before that
10
commencement; or
11
(ii) under subsection 1221A(1) of the
Social Security Act
12
1991
, as in force before 1 July 2021, the Secretary had
13
determined another number of weeks with the result that
14
the period referred to in paragraph (3)(d) or (4)(d) of
15
this item
ended at the end of 30 June 2021.
16
(13)
If subitems (8) to (10) apply in relation to a period of return because of
17
the operation of subparagraph (12)(b)(ii) of this item, then, at the
18
commencement of this subitem, a reference to 26 weeks in
19
paragraph (3)(d) or (4)(d) of this item, and each reference to 26 weeks
20
in subitem (8), is taken to be a reference to that other number of weeks.
21
12 Application and transitional provisions
--amounts added
22
to rate
23
(1)
The amendment of section 1216 of the
Social Security Act 1991
made
24
by this Schedule applies in relation to the following:
25
(a) a period of absence from Australia starting on or after the
26
commencement of this item;
27
(b) a period of absence from Australia starting before that
28
commencement, where the person is absent from Australia
29
immediately before that commencement and where:
30
(i) the 26 weeks mentioned in paragraph 1216(1)(a) of that
31
Act had not ended immediately before that
32
commencement; or
33
(ii) under subsection 1216(2) of that Act, as in force before
34
1 July 2021, the Secretary had determined another
35
number of weeks with the result that the period referred
36
Amendments
Schedule 1
No. , 2021
Social Services Legislation Amendment (Portability Extensions) Bill
2021
13
to in paragraph 1216(1)(a) of that Act
ended at the end
1
of 30 June 2021.
2
(2)
If the amendment of section 1216 of the
Social Security Act 1991
made
3
by this Schedule applies in relation to a period of absence because of
4
the operation of subparagraph (1)(b)(ii) of this item, then, at the
5
commencement of this subitem, a reference to 26 weeks in
6
paragraph 1216(1)(a) of that Act, and each reference to 26 weeks in
7
subsection 1216(2) of that Act (as substituted by this Schedule), is taken
8
to be a reference to that other number of weeks.
9
13 Application and transitional provisions
--age pension rate
10
(1)
The amendments of section 1220A of the
Social Security Act 1991
11
made by this Schedule apply in relation to the following:
12
(a) a period of absence from Australia starting on or after the
13
commencement of this item;
14
(b) a period of absence from Australia starting before that
15
commencement, where the person is absent from Australia
16
immediately before that commencement and where:
17
(i) the 26 weeks mentioned in paragraph 1220A(1)(a) of
18
that Act had not ended immediately before that
19
commencement; or
20
(ii) under subsection 1220A(6) of that Act, as in force
21
before 1 July 2021, the Secretary had determined
22
another number of weeks with the result that the period
23
referred to in paragraph 1220A(1)(a) of that Act
ended
24
at the end of 30 June 2021.
25
(2)
If the amendments of section 1220A of the
Social Security Act 1991
26
made by this Schedule apply in relation to a period of absence because
27
of the operation of subparagraph (1)(b)(ii) of this item, then, at the
28
commencement of this subitem, a reference to 26 weeks in
29
paragraph 1220A(1)(a) of that Act, and each reference to 26 weeks in
30
subsection 1220A(1A) of that Act, is taken to be a reference to that
31
other number of weeks.
32
Schedule 1
Amendments
14
Social Services Legislation Amendment (Portability Extensions) Bill
2021
No. , 2021
14 Application and transitional provisions
--disability support
1
pension rate for a severely disabled person
2
(1)
The amendments of section 1220B of the
Social Security Act 1991
3
made by this Schedule apply in relation to the following:
4
(a) a period of absence from Australia starting on or after the
5
commencement of this item;
6
(b) a period of absence from Australia starting before that
7
commencement, where the person is absent from Australia
8
immediately before that commencement and where:
9
(i) the 26 weeks mentioned in paragraph 1220B(1)(a) of
10
that Act had not ended immediately before that
11
commencement; or
12
(ii) under subsection 1220B(3) of that Act, as in force
13
before 1 July 2021, the Secretary had determined
14
another number of weeks with the result that the period
15
referred to in paragraph 1220B(1)(a) of that Act
ended
16
at the end of 30 June 2021.
17
(2)
If the amendments of section 1220B of the
Social Security Act 1991
18
made by this Schedule apply in relation to a period of absence because
19
of the operation of subparagraph (1)(b)(ii) of this item, then, at the
20
commencement of this subitem, a reference to 26 weeks in
21
paragraph 1220B(1)(a) of that Act, and each reference to 26 weeks in
22
subsection 1220B(1A) of that Act, is taken to be a reference to that
23
other number of weeks.
24
15 Application and transitional provisions
--portability rules
25
relating to rates of pension
26
(1)
The amendments of clause 128 of Schedule 1A to the
Social Security
27
Act 1991
made by this Schedule apply in relation to the following:
28
(a) a period of return to Australia starting on or after the
29
commencement of this item;
30
(b) a period of return to Australia starting before that
31
commencement, where the person is in Australia
32
immediately before that commencement and where:
33
(i) the 26 weeks mentioned in paragraph 128(1)(b) of
34
Schedule 1A to that Act had not ended immediately
35
before that commencement; or
36
Amendments
Schedule 1
No. , 2021
Social Services Legislation Amendment (Portability Extensions) Bill
2021
15
(ii) under subclause 128(4) of Schedule 1A to that Act, as in
1
force before 1 July 2021, the Secretary had determined
2
another number of weeks with the result that the period
3
referred to in paragraph 128(1)(b) of that Schedule
4
ended at the end of 30 June 2021.
5
(2)
If the amendments of clause 128 of Schedule 1A to the
Social Security
6
Act 1991
made by this Schedule apply in relation to a period of return
7
because of the operation of subparagraph (1)(b)(ii) of this item, then, at
8
the commencement of this subitem, a reference to 26 weeks in
9
paragraph 128(1)(b) of Schedule 1A to that Act, and each reference to
10
26 weeks in subclause 128(1A) of Schedule 1A to that Act, is taken to
11
be a reference to that other number of weeks.
12