2004-2005-2006-2007 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Social Security Amendment (2007 Measures No. 2) Bill 2007 No. , 2007 (Workforce Participation) A Bill for an Act to amend the law in relation to social security, and for related purposes [Page Break] 1 Short title ........................................................................................... 1 2 Commencement ................................................................................. 1 3 Schedule(s) ........................................................................................ 2 Schedule 1--Amendments 3 Social Security Act 1991 3 Social Security (Administration) Act 1999 9 [Page Break] 2 social security, and for related purposes 3 The Parliament of Australia enacts: 4 1 Short title 5 This Act may be cited as the Social Security Amendment (2007 6 Measures No. 2) Act 2007. 7 2 Commencement 8 (1) Each provision of this Act specified in column 1 of the table 9 commences, or is taken to have commenced, in accordance with 10 column 2 of the table. Any other statement in column 2 has effect 11 according to its terms. 12 Social Security Amendment (2007 Measures No. 2) Bill 2007 No. , 2007 1 [Page Break] Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 The day on which this Act receives the and anything in Royal Assent. this Act not elsewhere covered by this table 2. Schedule 1, 1 January 2008. 1 January 2008 items 1 to 5 3. Schedule 1, The day after this Act receives the Royal item 6 Assent. However, if Schedule 4 to the Social Security Amendment (2007 Measures No. 1) Act 2007 has not commenced on or before the day after this Act receives the Royal Assent, the provision(s) do not commence at all. 4. Schedule 1, The day after this Act receives the Royal item 7 Assent. 5. Schedule 1, 1 January 2008. 1 January 2008 items 8 to 34 6. Schedule 1, 20 March 2000. 20 March 2000 item 35 7. Schedule 1, 1 January 2008. 1 January 2008 items 36 to 48 1 Note: This table relates only to the provisions of this Act as originally 2 passed by both Houses of the Parliament and assented to. It will not be 3 expanded to deal with provisions inserted in this Act after assent. 4 (2) Column 3 of the table contains additional information that is not 5 part of this Act. Information in this column may be added to or 6 edited in any published version of this Act. 7 3 Schedule(s) 8 Each Act that is specified in a Schedule to this Act is amended or 9 repealed as set out in the applicable items in the Schedule 10 concerned, and any other item in a Schedule to this Act has effect 11 according to its terms. [Page Break] 2 Schedule 1--Amendments 3 4 Social Security Act 1991 5 1 After section 5D 6 Insert: 7 5E Relatives (other than parents) 8 A person is a relative (other than a parent) of a child if: 9 (a) the person is not the child's natural parent, adoptive parent or 10 step-parent; and 11 (b) any of the following apply to the person: 12 (i) the person is related to the child by blood, adoption or 13 marriage; 14 (ii) if the child is an Aboriginal or Torres Strait Islander 15 child who has traditional Aboriginal or Torres Strait 16 Islander kinship ties--the person is related to the child 17 under Aboriginal or Torres Strait Islander kinship rules; 18 (iii) if the child is a member of a community that accepts 19 relationships other than those referred to in 20 subparagraphs (i) and (ii) as kinship ties--the person is 21 accepted by the community to be related to the child. 22 2 Subsection 16B(3) 23 Omit "paragraph (1)(b), the Secretary is to have regard to", substitute 24 "paragraph (1)(b) or subsection (2), the Secretary must comply with". 25 3 Subsection 16B(4) 26 Omit "Secretary", substitute "Minister". 27 4 Subsection 16B(4) 28 After "complied with", insert "by the Secretary". 29 5 Subsection 23(1) 30 Insert: [Page Break] 2 descendant of: 3 (a) an Indigenous inhabitant of Australia; or 4 (b) an Indigenous inhabitant of the Torres Strait Islands. 5 6 Subsection 23(1) (definition of family law order) (the 6 definition inserted by item 1 of Schedule 4 to the Social 7 Security Amendment (2007 Measures No. 1) Act 2007) 8 Repeal the definition. 9 7 Subsection 23(1) 10 Insert: 11 family law order means: 12 (a) a parenting order within the meaning of section 64B of the 13 Family Law Act 1975; or 14 (b) a family violence order within the meaning of section 4 of 15 that Act; or 16 (c) a State child order registered under Subdivision B of 17 Division 13 of Part VII of that Act; or 18 (d) an overseas child order registered under Subdivision C of 19 Division 13 of Part VII of that Act. 20 8 After subsection 94(4) 21 Insert: 22 (4A) The Secretary must comply with the guidelines (if any) determined 23 and in force under subsection (4B) in deciding the following: 24 (a) whether paragraph (1)(b) applies to a person; 25 (b) whether the Secretary is satisfied as mentioned in 26 subsection (2) or (4). 27 (4B) The Minister may, by legislative instrument, determine guidelines 28 to be complied with by the Secretary in making a decision referred 29 to in subsection (4A). 30 9 Subsection 94(6) (note) 31 Repeal the note. 32 10 After subsection 94A(4) [Page Break] 2 (4A) The Secretary must comply with the guidelines (if any) determined 3 and in force under subsection (4B) in deciding the following: 4 (a) whether paragraph (1)(d) applies to a person; 5 (b) whether the Secretary is satisfied as mentioned in 6 paragraph (1)(g) or subsection (2) or (3). 7 (4B) The Minister may, by legislative instrument, determine guidelines 8 to be complied with by the Secretary in making a decision referred 9 to in subsection (4A). 10 11 Subsection 94A(6) (note) 11 Repeal the note. 12 12 Subsection 95(2) (note) 13 Repeal the note. 14 13 Subsection 362(3) (note) 15 Repeal the note. 16 14 Paragraph 502D(3)(c) 17 Omit "children.", substitute "children; or". 18 15 After paragraph 502D(3)(c) 19 Insert: 20 (d) under a family law order that the person is complying with, a 21 child, of whom the person is a relative (other than a parent), 22 is to live with the person. 23 16 At the end of subsection 502D(3) 24 Add: 25 Note 5: For family law order see subsection 23(1). 26 Note 6: For relative (other than a parent) see section 5E. 27 17 After subsection 502H(1) 28 Insert: 29 (1A) The Secretary must comply with the guidelines (if any) determined 30 and in force under subsection (1B) in deciding the following: [Page Break] 2 respect of a period; 3 (b) whether, for the purposes of paragraph (a) of the definition of 4 work in subsection (2), work is of a kind that a person could 5 be reasonably expected to do. 6 (1B) The Minister may, by legislative instrument, determine guidelines 7 to be complied with by the Secretary in making a decision referred 8 to in subsection (1A). 9 18 After subsection 542A(1) 10 Insert: 11 (1A) The Secretary must comply with the guidelines (if any) determined 12 and in force under subsection (1B) in deciding the following: 13 (a) whether subparagraph (1)(a)(ii) or paragraph (1)(b) or (c) 14 applies to a person in respect of a period; 15 (b) whether, for the purposes of paragraph (b) of the definition of 16 work in subsection (3), work is of a kind that a person is 17 reasonably capable of performing. 18 (1B) The Minister may, by legislative instrument, determine guidelines 19 to be complied with by the Secretary in making a decision referred 20 to in subsection (1A). 21 19 Paragraph 542FA(3)(c) 22 Omit "children.", substitute "children; or". 23 20 After paragraph 542FA(3)(c) 24 Insert: 25 (d) under a family law order that the person is complying with, a 26 child, of whom the person is a relative (other than a parent), 27 is to live with the person. 28 21 At the end of subsection 542FA(3) 29 Add: 30 Note 5: For family law order see subsection 23(1). 31 Note 6: For relative (other than a parent) see section 5E. 32 22 Paragraph 602C(3)(c) [Page Break] 2 23 After paragraph 602C(3)(c) 3 Insert: 4 (d) under a family law order that the person is complying with, a 5 child, of whom the person is a relative (other than a parent), 6 is to live with the person. 7 24 At the end of subsection 602C(3) 8 Add: 9 Note 5: For family law order see subsection 23(1). 10 Note 6: For relative (other than a parent) see section 5E. 11 25 After subsection 603C(1) 12 Insert: 13 (1A) The Secretary must comply with the guidelines (if any) determined 14 and in force under subsection (1B) in deciding the following: 15 (a) whether paragraph (1)(a), (b) or (c) applies to a person in 16 respect of a period; 17 (b) whether, for the purposes of paragraph (a) of the definition of 18 work in subsection (2), work is of a kind that a person could 19 be reasonably expected to do. 20 (1B) The Minister may, by legislative instrument, determine guidelines 21 to be complied with by the Secretary in making a decision referred 22 to in subsection (1A). 23 26 Subsection 660XBA(4) (note 8) 24 Repeal the note. 25 27 Subsection 660XBI(1) 26 Omit "(1)". 27 28 Subsection 660XBI(1) (note 4) 28 Repeal the note. 29 29 Subparagraph 660YAB(1)(a)(ii) 30 Omit "12,". [Page Break] 2 Omit "children.", substitute "children; or". 3 31 After paragraph 731DB(3)(c) 4 Insert: 5 (d) under a family law order that the person is complying with, a 6 child, of whom the person is a relative (other than a parent), 7 is to live with the person. 8 32 At the end of subsection 731DB(3) 9 Add: 10 Note 5: For family law order see subsection 23(1). 11 Note 6: For relative (other than a parent) see section 5E. 12 33 After subsection 731K(1) 13 Insert: 14 (1A) The Secretary must comply with the guidelines (if any) determined 15 and in force under subsection (1B) in deciding the following: 16 (a) whether paragraph (1)(a), (b) or (c) applies to a person in 17 respect of a period; 18 (b) whether, for the purposes of paragraph (a) of the definition of 19 work in subsection (2), work is of a kind that a person could 20 be reasonably expected to do. 21 (1B) The Minister may, by legislative instrument, determine guidelines 22 to be complied with by the Secretary in making a decision referred 23 to in subsection (1A). 24 34 Subparagraph 771(1)(a)(ii) 25 Omit "12,". 26 35 Subparagraph 1237AAD(a)(ii) 27 After "this Act", insert ", the Administration Act". 28 36 Schedule 1B (cover page) 29 Omit "Department of Social Security 1997". 30 37 Schedule 1B (paragraph 1 of the introduction) [Page Break] 2 38 Schedule 1B (paragraph 2 of the introduction) 3 Omit "Medical Officer", substitute "assessor". 4 39 Schedule 1B (paragraph 6 of the introduction) 5 Omit "medical officer", substitute "assessor". 6 40 Schedule 1B (paragraph 8 of the introduction) 7 Omit "medical officer", substitute "assessor". 8 41 Schedule 1B (paragraph 8 of the introduction) 9 Omit "Medical officers must use their clinical judgement", substitute 10 "Assessors must use their judgement". 11 42 Schedule 1B (paragraph 10 of the introduction) 12 Omit "medical officer", substitute "assessor". 13 43 Schedule 1B (table 1) 14 Omit "clinical judgement of medical officers", substitute "judgement of 15 assessors". 16 44 Schedule 1B (table 2) 17 Omit "medical officer" , substitute "assessor". 18 45 Schedule 1B (table 2) 19 Omit "clinical", substitute "a medical officer's". 20 46 Schedule 1B (table 22) 21 Omit "Medical Officer" , substitute "assessor". 22 Social Security (Administration) Act 1999 23 47 Section 12 24 Repeal the section, substitute: [Page Break] 2 (1) The Secretary may determine that, for the purposes of the social 3 security law, a person is taken to have made a claim for an income 4 support payment (the new payment), if: 5 (a) the person became qualified for the new payment while 6 receiving another income support payment; or 7 (b) the person became qualified for the new payment 8 immediately after ceasing to receive another income support 9 payment. 10 (2) The person is taken to have made the claim for the new payment on 11 the day specified in the Secretary's determination. That day must 12 not be earlier than: 13 (a) the day that is 13 weeks before the day on which the 14 Secretary's determination is made; or 15 (b) if the person became qualified for the new payment after the 16 day referred to in paragraph (a)--the day on which the 17 person became qualified for the new payment. 18 48 Application--amendment of section 12 of the Social 19 Security (Administration) Act 1999 20 (1) A determination (including a determination on review) made on or after 21 1 January 2008 under section 12 of the Social Security (Administration) 22 Act 1999 must be made under section 12 as amended, and cannot be 23 made under section 12 as in force before 1 January 2008 (whether or 24 not the determination would relate to a person who became qualified for 25 a payment before that date). 26 (2) Subitem (1) does not apply in relation to a determination on review if a 27 review of the decision (whether or not the review on which the 28 determination was made) was: 29 (a) initiated by the Secretary; or 30 (b) applied for by a person; 31 before 1 January 2008. 32 (3) In this item: 33 determination on review means a determination made on review of a 34 decision in accordance with Part 4 of the Social Security 35 (Administration) Act 1999.