Commonwealth of Australia Explanatory Memoranda

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SOCIAL SECURITY LEGISLATION AMENDMENT BILL 2011

                        2010-2011-2012




 THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                            SENATE




   SOCIAL SECURITY LEGISLATION AMENDMENT BILL 2011




       SUPPLEMENTARY EXPLANATORY MEMORANDUM




     Amendments to be moved on behalf of the Government




                 (Circulated by the authority of the
Minister for Families, Community Services and Indigenous Affairs,
    Minister for Disability Reform, the Hon Jenny Macklin MP)
       SOCIAL SECURITY LEGISLATION AMENDMENT BILL 2011

         Amendments to be moved on behalf of the Government


OUTLINE

The amendments ensure that a State or Territory authority can only be
determined by the Minister to be a recognised State/Territory authority for
the purposes of the State/Territory referrals income management measure if:

   ·   the officers or employees of the authority have powers, functions or
       duties in relation to the care, protection, welfare or safety of adults,
       children or families; and

   ·   there is an appropriate process for reviewing decisions by employees
       or officers of the authority to issue notices requiring a person to be
       income managed.


Financial impact statement

The financial impact of these amendments is nil.
       SOCIAL SECURITY LEGISLATION AMENDMENT BILL 2011

         Amendments to be moved on behalf of the Government


A person is subject to the income management regime under the new
State/Territory referral measure provided for in Part 1 of Schedule 1 to the
Social Security Legislation Amendment Bill 2011 (the Bill) if, among other
things, an officer or employee of a recognised State/Territory authority has
given the Secretary a written notice requiring that the person be subject to
income management. The notice must be given under a State or Territory law
or in the exercise of the executive power of the State or Territory.

The Minister may, by legislative instrument, determine that a specified
department (or part of a department), body or agency of a State or Territory is
a recognised State/Territory authority.

The amendments require the Minister to be satisfied about two things before
the Minister can make such a determination. The first relates to the nature
and functions of the authority to be recognised and the second to its review
processes.

The Minister needs to be satisfied that the employees or officers of the State
or Territory authority have powers, functions or duties relating to the care,
protection, welfare or safety of adults, children or families. This focus is
consistent with the objectives of income management.

The Minister also needs to be satisfied that there is an appropriate process for
reviewing decisions to give a notice requiring a person to be subject to income
management. There are a number of matters to which the Minister must have
regard in considering the appropriateness of a process of review. It is
considered important that applicants are not prevented from accessing review
because of prohibitive costs or language or other barriers, and that the review
process is timely and fair. Therefore, in considering the appropriateness of a
process of review, the Minister must have regard to the cost of review to the
applicant, the timeliness of the review process, whether the applicant can be
represented (by a lawyer or other advocate), the independence of the review,
the availability of interpreter services and any other matters which the Minister
considers relevant.

This will ensure that only State or Territory authorities with appropriate review
processes will be able to give notices requiring a person to be income
managed, and that the person will be able to seek review of the decision to
give a notice. The person would also be able to access usual social security
review processes for decisions relating to income management made by
officers under the social security law.




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NOTES ON AMENDMENTS

Amendment 1 makes a technical change.

Amendment 2 inserts new subsections 123TGAA(2), (3) and (4).

New subsection 123TGAA(2) provides that the Minister, before making a
determination that a specified department (or part of a department), body or
agency of a State or Territory is a recognised State/Territory authority, must
be satisfied that the employees or officers of the State or Territory authority
have powers, functions or duties relating to the care, protection, welfare or
safety of adults, children or families.

New subsection 123TGAA(3) provides that the Minister, before making a
determination that a specified department (or part of a department), body or
agency of a State or Territory is a recognised State/Territory authority, must
also be satisfied that there is an appropriate process for reviewing decisions
to give written notice to the Secretary requiring that a person be subject to
income management under the State/Territory referral measure.

In deciding whether there is an appropriate process for reviewing the subject
decisions, the Minister must have regard to the factors specified in new
subsection 123TGAA(4). However, the Minister can also have regard to other
matters.




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