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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Social Security Legislation Amendment
(Community Development Program) Bill
2015
No. , 2015
(Indigenous Affairs)
A Bill for an Act to amend the law relating to social
security, and for related purposes
No. , 2015
Social Security Legislation Amendment (Community Development
Program) Bill 2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 3
Schedule 1--Main amendments
4
Part 1--Main amendments
4
Social Security Act 1991
4
Social Security (Administration) Act 1999
20
Part 2--Contingent amendments
26
Social Security (Administration) Act 1999
26
Schedule 2--Amendments relating to the repeal of the
Northern Territory CDEP Transition Payment
and the CDEP Scheme
27
Part 1--Main amendments
27
Social Security Act 1991
27
Social Security (Administration) Act 1999
31
Part 2--Contingent amendments
33
Social Services Legislation Amendment (Youth Employment) Act 2015
33
No. , 2015
Social Security Legislation Amendment (Community Development
Program) Bill 2015
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 may be cited as the Social Security Legislation
5
Amendment (Community Development Program) Act 2015.
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 Security Legislation Amendment (Community Development
Program) Bill 2015
No. , 2015
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1,
Part 1
The day after this Act receives the Royal
Assent.
3. Schedule 1,
Part 2
Immediately after the commencement of
item 1 of Schedule 1 to the Social Security
Legislation Amendment (Further
Strengthening Job Seeker Compliance) Act
2015.
However, if that item commences before the
start of the day after this Act receives the
Royal Assent, the provisions do not
commence at all.
4. Schedule 2,
Part 1
The day after this Act receives the Royal
Assent.
5. Schedule 2,
Part 2
Immediately before the commencement of
Schedule 1 to the Social Services Legislation
Amendment (Youth Employment) Act 2015.
However, if that Schedule commences
before the start of the day after this Act
receives the Royal Assent, the provisions do
not commence at all.
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
No. , 2015
Social Security Legislation Amendment (Community Development
Program) Bill 2015
3
3 Schedules
1
Legislation that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
Schedule 1 Main amendments
Part 1 Main amendments
4
Social Security Legislation Amendment (Community Development
Program) Bill 2015
No. , 2015
Schedule 1--Main amendments
1
Part 1--Main amendments
2
Social Security Act 1991
3
1 Subsection 23(1)
4
Insert:
5
Community Development Program provider for a remote income
6
support region means:
7
(a) a person with whom, under subsection 1061ZAAZB(1), the
8
Commonwealth has an arrangement for the region (unless
9
paragraph (b) of this definition applies); or
10
(b) if the Secretary is satisfied that the Secretary should be the
11
Community Development Program provider for the region--
12
the Secretary.
13
2 Subsection 23(1) (after paragraph (ba) of the definition of
14
protected information)
15
Insert:
16
(bb) information about a person obtained under the social security
17
law by an employee or officer of a Community Development
18
Program provider; or
19
3 Subsection 23(1)
20
Insert:
21
remote income support payment means:
22
(a) disability support pension; or
23
(b) parenting payment; or
24
(c) youth allowance; or
25
(d) newstart allowance; or
26
(e) special benefit.
27
Note:
A remote income support payment may be paid to a person by a
28
Community Development Program provider if the person's usual
29
place of residence is in a remote income support region (see
30
section 1061ZAAX).
31
Main amendments Schedule 1
Main amendments Part 1
No. , 2015
Social Security Legislation Amendment (Community Development
Program) Bill 2015
5
remote income support recipient means a person who is to be, or
1
is being, paid a remote income support payment by a Community
2
Development Program provider in accordance with
3
section 1061ZAAX.
4
remote income support region: see section 1061ZAAZ.
5
4 At the end of subsection 94(1)
6
Add:
7
Note 3:
A disability support pension may be paid to a person by a Community
8
Development Program provider if the person's usual place of
9
residence is in a remote income support region (see
10
section 1061ZAAX).
11
5 Subsection 94A(2)
12
Omit "or 94F", substitute ", 94F or 94G".
13
6 After section 94F
14
Insert:
15
94G Remote income support recipients
16
A person is covered by a participation exemption for a period if the
17
person is a remote income support recipient throughout the period.
18
Note:
Obligations may be imposed on the person by a determination made
19
under section 1061ZAAZA.
20
7 At the end of subsection 500(1)
21
Add:
22
Note 4:
A parenting payment may be paid to a person by a Community
23
Development Program provider if the person's usual place of
24
residence is in a remote income support region (see
25
section 1061ZAAX).
26
8 Section 501E
27
Omit "or 502D", substitute ", 502D or 502L".
28
9 At the end of Division 3A of Part 2.10
29
Add:
30
Schedule 1 Main amendments
Part 1 Main amendments
6
Social Security Legislation Amendment (Community Development
Program) Bill 2015
No. , 2015
502L Remote income support recipients
1
A person is covered by a participation exemption under this
2
Division for a period if the person is a remote income support
3
recipient throughout the period.
4
Note:
Obligations may be imposed on the person by a determination made
5
under section 1061ZAAZA.
6
10 At the end of section 540
7
Add:
8
Note 3:
A youth allowance may be paid to a person by a Community
9
Development Program provider if the person's usual place of
10
residence is in a remote income support region (see
11
section 1061ZAAX).
12
11 At the end of section 542
13
Add:
14
; or (g) the person has a remote income support recipient exemption
15
under section 542J.
16
12 After section 542H
17
Insert:
18
542J Remote income support recipient exemption
19
A person has a remote income support recipient exemption in
20
respect of a period if the person is a remote income support
21
recipient throughout the period.
22
Note:
Obligations may be imposed on the person by a determination made
23
under section 1061ZAAZA.
24
13 After paragraph 544A(2)(bb)
25
Insert:
26
(bc) has a remote income support recipient exemption under
27
section 542J; or
28
14 At the end of section 544E
29
Add:
30
Main amendments Schedule 1
Main amendments Part 1
No. , 2015
Social Security Legislation Amendment (Community Development
Program) Bill 2015
7
; or (c) has a remote income support recipient exemption under
1
section 542J.
2
15 Subsection 593(1) (after note 3)
3
Insert:
4
Note 4:
A newstart allowance may be paid to a person by a Community
5
Development Program provider if the person's usual place of
6
residence is in a remote income support region (see
7
section 1061ZAAX).
8
16 Subsection 601(1) (at the end of note 1)
9
Add:
10
; (e) section 603AC (remote income support recipients).
11
17 After section 603AB
12
Insert:
13
603AC Relief from activity test--remote income support recipients
14
A person is not required to satisfy the activity test for a period if
15
the person is a remote income support recipient throughout the
16
period.
17
Note:
Obligations may be imposed on the person by a determination made
18
under section 1061ZAAZA.
19
18 Subsection 605(2C)
20
Omit "or 602C", substitute ", 602C or 603AC".
21
19 Section 607C
22
Omit "or 602C", substitute ", 602C or 603AC".
23
20 Subsection 729(1) (note)
24
Omit "Note", substitute "Note 1".
25
21 At the end of subsection 729(1)
26
Add:
27
Note 2:
A special benefit may be paid to a person by a Community
28
Development Program provider if the person's usual place of
29
Schedule 1 Main amendments
Part 1 Main amendments
8
Social Security Legislation Amendment (Community Development
Program) Bill 2015
No. , 2015
residence is in a remote income support region (see
1
section 1061ZAAX).
2
22 After section 731KA
3
Insert:
4
731KB Relief from activity test--remote income support recipients
5
A person is not required to satisfy the activity test for a period if
6
the person is a remote income support recipient throughout the
7
period.
8
Note:
Obligations may be imposed on the person by a determination made
9
under section 1061ZAAZA.
10
23 Subsection 731L(3)
11
Omit "or 731JA", substitute ", 731JA or 731KB".
12
24 Section 731R
13
Omit "or 731DB", substitute ", 731DB or 731KB".
14
25 At the end of Chapter 2
15
Add:
16
Part 2.28--Remote income support payments
17
Division 1--Payment of remote income support payments
18
by Community Development Program providers
19
1061ZAAX Payment of remote income support payments by
20
Community Development Program providers
21
(1) A person is (subject to subsections (4) and (5)) to be paid a remote
22
income support payment for a period by a Community
23
Development Program provider for a region (instead of the
24
Secretary) if:
25
(a) the person is qualified for the payment for the period; and
26
(b) the person meets the condition in subsection (2) throughout
27
the period; and
28
Main amendments Schedule 1
Main amendments Part 1
No. , 2015
Social Security Legislation Amendment (Community Development
Program) Bill 2015
9
(c) the person's usual place of residence is in the region.
1
Note:
A person who is currently being paid one of the remote income
2
support payments by the Secretary is not required to make a new
3
claim if the person begins to reside in a remote income support region.
4
The payment continues, but is instead paid by the Community
5
Development Program provider.
6
Conditions relating to participation requirements and activity tests
7
(2) A person meets the condition in this subsection throughout a period
8
if, disregarding sections 94G, 502L, 542J, 603AC and 731KB, any
9
of the following would have applied throughout the period:
10
(a) for disability support pension:
11
(i) the person would have been required to meet the
12
participation requirements under section 94A; or
13
(ii) the person would have been required to meet the
14
participation requirements under that section if the
15
person had not been covered by a participation
16
exemption under section 94C, 94D, 94E or 94F;
17
(b) for parenting payment:
18
(i) the person would have been required to meet the
19
participation requirements under section 500A; or
20
(ii) the person would have been required to meet the
21
participation requirements under that section if the
22
person had not been covered by a participation
23
exemption under Division 3A of Part 2.10;
24
(c) for youth allowance:
25
(i) the person would have been required to satisfy the
26
activity test under Subdivision B of Division 1 of
27
Part 2.11; or
28
(ii) the person would have been required to satisfy the
29
activity test under that Subdivision if the person had not
30
been covered by an exemption under Subdivision C of
31
that Division;
32
except if the person is covered by paragraph 541(1)(a) (those
33
undertaking full-time study);
34
(d) for newstart allowance:
35
Schedule 1 Main amendments
Part 1 Main amendments
10
Social Security Legislation Amendment (Community Development
Program) Bill 2015
No. , 2015
(i) the person would have been required to satisfy the
1
activity test under Subdivision B of Division 1 of
2
Part 2.12; or
3
(ii) the person would have been required to satisfy the
4
activity test under that Subdivision if the person had not
5
been covered by a provision in that Subdivision or in
6
Subdivision BA of that Division;
7
(e) for special benefit:
8
(i) the person would have been required to satisfy the
9
activity test under section 731A; or
10
(ii) the person would have been required to satisfy the
11
activity test under that section if the person had not been
12
covered by another provision in Subdivision AA of
13
Division 1 of Part 2.15;
14
(f) in any case--the person is in a class of persons determined
15
by the Secretary under subsection (3).
16
(3) The Secretary may, by legislative instrument, determine a class of
17
persons for the purposes of paragraph (2)(f).
18
Becoming remote income support recipients during instalment
19
periods
20
(4) A person is not, under subsection (1), to be paid a remote income
21
support payment by a Community Development Program provider
22
for a day in an instalment period if the person qualified for the
23
remote income support payment, on a previous day in the
24
instalment period, but not as a remote income support recipient.
25
Note:
The person would be paid the remote income support payment for the
26
instalment period by the Secretary (and not as a remote income
27
support recipient).
28
No effect on payability rules
29
(5) This section does not require a remote income support payment to
30
be paid to a person by a Community Development Program
31
provider if the payment is not payable.
32
Main amendments Schedule 1
Main amendments Part 1
No. , 2015
Social Security Legislation Amendment (Community Development
Program) Bill 2015
11
1061ZAAY Additional payment of remote income support payment
1
(1) The Secretary may determine that an additional payment of a
2
remote income support payment is payable to a person if:
3
(a) the person qualifies for the remote income support payment
4
on a day but not as a remote income support recipient; and
5
(b) the person qualifies for the remote income support payment
6
on the following day as a remote income support recipient;
7
and
8
(c) the person becomes a remote income support recipient on the
9
day mentioned in paragraph (b) because, under
10
section 1061ZAAZ, the Minister determines the region in
11
which the person usually resides to be a remote income
12
support region.
13
Amount of payment
14
(2) The Secretary may determine the amount of the additional
15
payment.
16
(3) The amount must not be more than half of the fortnightly amount
17
of the maximum payment rate (within the meaning of
18
subsection 19D(5)) for the last instalment period before the person
19
is first paid a remote income support payment as a remote income
20
support recipient.
21
(4) Subsection (3) applies despite subsection 43(3) of the
22
Administration Act.
23
No effect on other entitlement
24
(5) To avoid doubt, this section does not affect the entitlement of the
25
person to a payment, in accordance with section 43 of the
26
Administration Act, of the remote income support payment that
27
relates to the instalment period mentioned in subsection (3).
28
Payment taken to be instalment
29
(6) A payment under this section is taken for the purposes of the social
30
security law to be a payment of an instalment.
31
Schedule 1 Main amendments
Part 1 Main amendments
12
Social Security Legislation Amendment (Community Development
Program) Bill 2015
No. , 2015
Division 2--Determinations and arrangements
1
1061ZAAZ Determination of remote income support regions
2
(1) The Minister may, by legislative instrument, determine a specified
3
region in Australia to be a remote income support region.
4
(2) In determining a region under subsection (1), the Minister:
5
(a) must consider the following matters:
6
(i) whether the region is remote;
7
(ii) the level of social and economic disadvantage within the
8
region, including the levels of unemployment, social
9
welfare and education of persons living in the region;
10
(iii) whether there is likely to be a Community Development
11
Program provider capable of providing remote income
12
support payments to persons residing in the region; and
13
(b) may consider any other relevant matters.
14
(3) The Minister may, at any time, vary or revoke the determination.
15
1061ZAAZA Determination of scheme for remote income support
16
recipients
17
(1) The Minister may, by legislative instrument, determine a scheme
18
relating to:
19
(a) the imposition of obligations on remote income support
20
recipients; and
21
(b) ensuring compliance with those obligations by remote
22
income support recipients.
23
Note:
Division 3A of Part 3 of the Administration Act (compliance with
24
obligations in relation to participation payments) does not apply to a
25
person while the person is a remote income support recipient (see
26
section 42BA of that Act).
27
(2) Without limiting subsection (1), the determination may deal with
28
the following matters:
29
(a) obligations that must be complied with by remote income
30
support recipients (including any obligations that apply
31
instead of participation requirements, activity tests or
32
employment pathway plans);
33
Main amendments Schedule 1
Main amendments Part 1
No. , 2015
Social Security Legislation Amendment (Community Development
Program) Bill 2015
13
(b) circumstances in which persons are exempt from the
1
requirement to comply with obligations;
2
(c) the consequences for remote income support recipients who
3
fail to comply with obligations, including the following:
4
(i) the reduction of amounts of remote income support
5
payments;
6
(ii) remote income support payments not being payable;
7
(iii) the imposition of further obligations on recipients;
8
(d) the determination of reasonable excuses for failing to comply
9
with obligations;
10
(e) the treatment of voluntary acts and misconduct;
11
(f) functions, duties and powers of employees and officers of
12
Community Development Program providers under the
13
scheme;
14
(g) review of decisions of employees or officers of Community
15
Development Program providers under the scheme;
16
(h) the application of provisions of this Act or the Administration
17
Act in relation to the scheme;
18
(i) the treatment under the scheme of a person who was
19
previously covered by Division 3A of Part 3 of the
20
Administration Act (including the treatment under the
21
scheme of contraventions that occurred before the person
22
ceased to be covered by the Division);
23
(j) the treatment under Division 3A of Part 3 of the
24
Administration Act of a person who was previously a remote
25
income support recipient (including the treatment under that
26
Division of contraventions that occurred before the person
27
ceased to be covered by the scheme).
28
Note:
The determination may deal with matters by modifying the effect of
29
this Act or the Administration Act (see section 1061ZAAZC of this
30
Act).
31
(3) The Minister may, at any time, vary or revoke the determination.
32
Effect of undertaking activities under the determination
33
(4) A person is not taken to be any of the following merely because the
34
person undertakes an activity in accordance with an obligation
35
imposed by the determination:
36
Schedule 1 Main amendments
Part 1 Main amendments
14
Social Security Legislation Amendment (Community Development
Program) Bill 2015
No. , 2015
(a) a worker carrying out work in any capacity for the
1
Commonwealth, or an employee of the Commonwealth, for
2
the purposes of the Work Health and Safety Act 2011;
3
(b) an employee within the meaning of section 5 of the Safety,
4
Rehabilitation and Compensation Act 1988;
5
(c) an employee for the purposes of the Superannuation
6
Guarantee (Administration) Act 1992;
7
(d) an employee for the purposes of the Fair Work Act 2009.
8
1061ZAAZB Secretary may enter into arrangements relating to
9
remote income support payments and remote income
10
support recipients
11
Arrangements with Community Development Program providers
12
(1) The Secretary may, on behalf of the Commonwealth, enter into an
13
arrangement with a person (including a contract, agreement or
14
deed) for a remote income support region:
15
(a) relating to the funding and provision of services, activities,
16
assistance, infrastructure or projects in relation to the making
17
of remote income support payments to, or on behalf of,
18
remote income support recipients whose usual place of
19
residence is in the region; and
20
(b) for money to be payable by the Commonwealth to the
21
person:
22
(i) to make remote income support payments to, or on
23
behalf of, those remote income support recipients; and
24
(ii) for any other purpose mentioned in paragraph (a).
25
Other arrangements
26
(2) The Secretary may, on behalf of the Commonwealth, enter into an
27
arrangement with a person (including a contract, agreement or
28
deed):
29
(a) relating to the funding and provision of services, activities,
30
assistance, infrastructure or projects for the purpose of
31
providing assistance, training or other benefits for remote
32
income support recipients; and
33
Main amendments Schedule 1
Main amendments Part 1
No. , 2015
Social Security Legislation Amendment (Community Development
Program) Bill 2015
15
(b) for money to be payable by the Commonwealth to the person
1
for any purpose mentioned in paragraph (a).
2
(3) The Secretary may give effect to and administer an arrangement
3
under subsection (1) or (2).
4
(4) The Secretary may, at any time, vary or revoke an arrangement
5
under subsection (1) or (2).
6
1061ZAAZC Modification of the social security law
7
(1) The Minister may, by legislative instrument (including a
8
determination made under section 1061ZAAZA), determine that
9
the social security law (including this Part) has effect, in relation to
10
remote income support payments to remote income support
11
recipients, with any modifications that are prescribed.
12
Note:
Under section 1061ZAAZA, the Minister may determine a scheme for
13
remote income support recipients.
14
(2) Without limiting subsection (1), the determination may prescribe
15
provisions of the social security law that do not apply, or that apply
16
with modifications that are prescribed, in relation to remote income
17
support payments to remote income support recipients.
18
26 Point 1064-E4
19
Omit "family".
20
27 Point 1064-E4 (table)
21
Repeal the table (not including the notes), substitute:
22
23
Table E-1--Ordinary free area limits
Column 1
Item
Column 2
Category of person
Column 3
Basic free area per
year
Column 4
Basic free area per
fortnight
1
Not member of a couple,
not a remote income
support recipient
$4,212
$162
2
Partnered (partner getting
neither pension nor
benefit), not a remote
$3,744
$144
Schedule 1 Main amendments
Part 1 Main amendments
16
Social Security Legislation Amendment (Community Development
Program) Bill 2015
No. , 2015
Table E-1--Ordinary free area limits
Column 1
Item
Column 2
Category of person
Column 3
Basic free area per
year
Column 4
Basic free area per
fortnight
income support recipient
3
Partnered (partner getting
benefit), not a remote
income support recipient
$3,744
$144
4
Partnered (partner getting
pension), not a remote
income support recipient
$3,744
$144
5
Remote income support
recipient
$33,800
$1,300
28 Point 1066A-F3
1
Omit "family".
2
29 Point 1066A-F3 (table)
3
Repeal the table (not including the notes), substitute:
4
5
Table F-1--Ordinary income free area
Column 1
Item
Column 2
Category of person
Column 3
Basic free area per
year
Column 4
Basic free area per
fortnight
1
Not member of a couple,
not a remote income
support recipient
$4,212
$162
2
Partnered (partner getting
neither pension nor
benefit), not a remote
income support recipient
$3,744
$144
3
Partnered (partner getting
benefit), not a remote
income support recipient
$3,744
$144
4
Partnered (partner getting
pension), not a remote
income support recipient
$3,744
$144
Main amendments Schedule 1
Main amendments Part 1
No. , 2015
Social Security Legislation Amendment (Community Development
Program) Bill 2015
17
Table F-1--Ordinary income free area
Column 1
Item
Column 2
Category of person
Column 3
Basic free area per
year
Column 4
Basic free area per
fortnight
5
Remote income support
recipient
$33,800
$1,300
30 Point 1067G-H1 (method statement, step 6)
1
Omit "and 1067G-H33", substitute ", 1067G-H33 and 1067G-H34".
2
31 Point 1067G-H29
3
Repeal the point, substitute:
4
Ordinary income free area
5
1067G-H29 A person's ordinary income free area is:
6
(a) if the person is undertaking full-time study at any time in the
7
fortnight in respect of which a youth allowance may be
8
payable and is not a remote income support recipient at any
9
time in the fortnight--$427; or
10
(b) if the person is a new apprentice at any time in the fortnight
11
in respect of which a youth allowance may be payable--
12
$427; or
13
(c) if the person is a remote income support recipient at any time
14
in the fortnight--$1,300; or
15
(d) otherwise--$143.
16
32 Point 1067G-H31 (heading)
17
Repeal the heading, substitute:
18
Ordinary income reduction for those who are not remote income
19
support recipients
20
33 Point 1067G-H31
21
After "a person", insert "who is not a remote income support recipient".
22
34 At the end of Module H of Part 3.5
23
Add:
24
Schedule 1 Main amendments
Part 1 Main amendments
18
Social Security Legislation Amendment (Community Development
Program) Bill 2015
No. , 2015
Ordinary income reduction for person who is a remote income
1
support recipient
2
1067G-H34
If a person who is a remote income support recipient has an
3
ordinary income excess, the person's ordinary income reduction is
4
an amount equal to 50% of the person's ordinary income excess.
5
35 Points 1067G-J4 and 1067G-J5
6
Omit "or (aa)" (wherever occurring), substitute "or (b)".
7
36 Point 1068-G1 (method statement, step 10)
8
Omit "and 1068-G17", substitute ", 1068-G17 and 1068-G18".
9
37 Point 1068-G12
10
Repeal the point (not including the notes), substitute:
11
Ordinary income free area
12
1068-G12 A person's ordinary income free area is:
13
(a) if the person is not a remote income support recipient--$102;
14
and
15
(b) if the person is a remote income support recipient--$1,300.
16
38 Point 1068-G14
17
Omit "point 1068-G17", substitute "points 1068-G17 and 1068-G18".
18
39 At the end of Module G of Part 3.6
19
Add:
20
Ordinary income reduction for person who is a remote income
21
support recipient
22
1068-G18 If a person who is a remote income support recipient has an
23
ordinary income excess, the person's ordinary income reduction is
24
an amount equal to 50% of the person's ordinary income excess.
25
40 Point 1068A-E1 (method statement, step 6)
26
Omit "and 1068A-E20", substitute ", 1068A-E20 and 1068A-E20A".
27
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No. , 2015
Social Security Legislation Amendment (Community Development
Program) Bill 2015
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41 Point 1068A-E14
1
Repeal the point (not including the notes), substitute:
2
How to calculate a person's ordinary income free area
3
1068A-E14 A person's ordinary income free area is worked out using Table E.
4
The ordinary income free area for a person is the amount in
5
Column 2 of the relevant item of the table plus the additional
6
amount in Column 4 for each dependent child of the person.
7
8
Table E--Ordinary income free area
Item
Column 1
Category of
person
Column 2
Basic free
area per
year
Column 3
Basic free
area per
fortnight
Column 4
Additional
free area
per year
Column 5
Additional
free area
per
fortnight
1
Person who is not a
remote income
support recipient
$4,212
$162
$639.60
$24.60
2
Remote income
support recipient
$33,800
$1,300
$0
$0
42 Point 1068A-E20
9
Omit "A person's reduction", substitute "For a person who is not a
10
remote income support recipient, the person's reduction".
11
43 After point 1068A-E20
12
Insert:
13
1068A-E20A
For a person who is a remote income support recipient, the
14
person's reduction for ordinary income is:
15
Ordinary income excess
0.5
ï‚´
16
44 Section 1190 (table item 20AA, column 4)
17
Omit "paragraphs 1067G-H29(a) and (aa)", substitute "paragraphs
18
1067G-H29(a) to (c)".
19
Schedule 1 Main amendments
Part 1 Main amendments
20
Social Security Legislation Amendment (Community Development
Program) Bill 2015
No. , 2015
45 Indexation of amounts
1
(1)
This item applies if:
2
(a) an item of this Part repeals all or part of a point in a Rate
3
Calculator in Chapter 3 of the Social Security Act 1991; and
4
(b) the point refers to a dollar amount (the previous dollar
5
amount); and
6
(c) the item substitutes a new dollar amount for the previous
7
dollar amount for a person who is not a remote income
8
support recipient; and
9
(d) after the Bill for this Act is introduced into the Parliament
10
and before this Part commences, the previous dollar amount
11
is indexed in accordance with sections 1191 to 1194 of the
12
Social Security Act 1991.
13
(2)
The Social Security Act 1991 has effect, on the commencement of this
14
item, as if the previous dollar amount as indexed in accordance with
15
those sections were substituted for the new dollar amount.
16
Social Security (Administration) Act 1999
17
46 Subdivision A of Division 3A of Part 3 (heading)
18
Repeal the heading, substitute:
19
Subdivision A--Preliminary
20
47 Section 42A
21
Omit:
22
•
A person commits such a failure by failing to comply with his
23
or her obligations in relation to a participation payment. The
24
participation payments are newstart allowance, and for some
25
people, youth allowance, parenting payment and special
26
benefit.
27
substitute:
28
Main amendments Schedule 1
Main amendments Part 1
No. , 2015
Social Security Legislation Amendment (Community Development
Program) Bill 2015
21
•
A person commits such a failure by failing to comply with his
1
or her obligations in relation to a participation payment. The
2
participation payments are (except for remote income support
3
recipients) newstart allowance, and for some people, youth
4
allowance, parenting payment and special benefit. (The
5
scheme for remote income support recipients is in a
6
determination made under section 1061ZAAZA of the 1991
7
Act).
8
48 After section 42B
9
Insert:
10
42BA Division not to apply to remote income support recipients
11
This Division does not apply in relation to a person at a time if the
12
person is a remote income support recipient at that time.
13
Note:
The scheme for remote income support recipients is in a determination
14
made under section 1061ZAAZA of the 1991 Act.
15
49 Section 125
16
Repeal the section, substitute:
17
125 Decisions by officers under instruments
18
(1) For the purposes of this Part, a decision made by an officer under
19
an instrument made or issued under this Act or the 1991 Act is
20
taken to be a decision under the social security law.
21
(2) Subsection (1) does not apply to a decision made under a
22
legislative instrument, except a determination made under
23
section 1061ZAAZA of the 1991 Act.
24
50 Paragraph 144(daa)
25
Repeal the paragraph, substitute:
26
(daa) a decision of a Community Development Program provider
27
under a determination made under section 1061ZAAZA;
28
Schedule 1 Main amendments
Part 1 Main amendments
22
Social Security Legislation Amendment (Community Development
Program) Bill 2015
No. , 2015
51 Paragraph 192(daa)
1
After "Part 3", insert ", or of the scheme determined under
2
section 1061ZAAZA of the 1991 Act".
3
52 Section 242
4
Before "Payments", insert "(1)".
5
53 At the end of section 242
6
Add:
7
(2) Subsection (1) does not apply in relation to a payment to a person
8
under an arrangement made under subsection 1061ZAAZB(1) or
9
(2) of the 1991 Act.
10
Note:
The arrangements under those subsections relate to remote income
11
support payments and remote income support recipients.
12
54 Subclause 1(1) of Schedule 1
13
Insert:
14
Prime Minister's Department means the Department of the Prime
15
Minister and Cabinet.
16
Prime Minister's Secretary means the Secretary of the Prime
17
Minister's Department.
18
55 At the end of the Act
19
Add:
20
Schedule 6--Provisions relating to remote
21
income support payments
22
23
24
1 References to the Secretary and the Department
25
(1) The following table has effect if the Secretary delegates a power
26
under the social security law to one or more of the following
27
persons (the delegate) in relation to a remote income support
28
recipients:
29
Main amendments Schedule 1
Main amendments Part 1
No. , 2015
Social Security Legislation Amendment (Community Development
Program) Bill 2015
23
(a) an employee or officer of a Community Development
1
Program provider;
2
(b) the Prime Minister's Secretary or an APS employee of the
3
Prime Minister's Department.
4
5
Effect of delegation
Item
Column 1
If ...
Column 2
then ...
1
the power is to require or
request a person to give the
Secretary a document or
information
the delegate may, in exercising the
power, require or request the person to
give the document or information to the
following person instead of the
Secretary:
(a) for paragraph (1)(a)--an employee or
officer of the Community
Development Program provider;
(b) for paragraph (1)(b)--the Prime
Minister's Secretary.
2
the power is to require or
request a person to give or send
to, or lodge with, the
Department a document or
information
the delegate may, in exercising the
power, require or request the person to
give or send the document or information
to, or lodge the document or information
with, the following instead of the
Department:
(a) for paragraph (1)(a)--the Community
Development Program provider;
(b) for paragraph (1)(b)--the Prime
Minister's Department.
3
a person gives, sends or lodges
a document or information in
compliance with a request or a
requirement by a delegate as
mentioned in column 2 of
item 1 or 2
the person is taken for all purposes to
have given or sent the document or
information to, or lodged the document
or information with, the Department in
compliance with a requirement or a
request by the Secretary.
4
a person does not give, send or
lodge a document or
information in compliance with
a request or a requirement by a
delegate as mentioned in
the person is taken for all purposes not to
have given or sent the document or
information to, or lodged the document
or information with, the Department in
compliance with a requirement or a
Schedule 1 Main amendments
Part 1 Main amendments
24
Social Security Legislation Amendment (Community Development
Program) Bill 2015
No. , 2015
Effect of delegation
Item
Column 1
If ...
Column 2
then ...
column 2 of item 1 or 2
request by the Secretary.
5
the delegation makes a
reference to the Secretary in
another provision of the social
security law inappropriate
(whether for administrative
reasons or any other reason)
the provision has effect (subject to
subclause (2)) as if the reference were a
reference to:
(a) for paragraph (1)(a)--an employee or
officer of the Community
Development Program provider; or
(b) for paragraph (1)(b)--the Prime
Minister's Secretary.
6
the delegation makes a
reference to the Department in
another provision of the social
security law inappropriate
(whether for administrative
reasons or any other reason)
the provision has effect (subject to
subclause (2)) as if the reference to the
Department were a reference to:
(a) for paragraph (1)(a)--the Community
Development Program provider; or
(b) for paragraph (1)(b)--the Prime
Minister's Department.
7
the delegation makes a
reference to an officer of the
Department in another provision
of the social security law
inappropriate (whether for
administrative reasons or any
other reason)
the provision has effect (subject to
subclause (2)) as if the reference were a
reference to:
(a) for paragraph (1)(a)--an employee or
officer of the Community
Development Program provider; or
(b) for paragraph (1)(b)--an APS
employee in the Prime Minister's
Department.
(2) The Secretary may, by legislative instrument, direct that a
1
provision to which item 5, 6 or 7 of the table in subclause (1)
2
applies is to have an operation different from that provided for by
3
that item.
4
(3) If the Secretary gives a direction under subclause (2) in relation to
5
a provision, the provision has effect in accordance with the
6
direction while the direction is in force.
7
(4) A direction under subclause (2):
8
Main amendments Schedule 1
Main amendments Part 1
No. , 2015
Social Security Legislation Amendment (Community Development
Program) Bill 2015
25
(a) commences at the start of the day after the direction is
1
registered under the Legislation Act 2003, or on such later
2
day as is specified in it; and
3
(b) remains in force until it is revoked.
4
Schedule 1 Main amendments
Part 2 Contingent amendments
26
Social Security Legislation Amendment (Community Development
Program) Bill 2015
No. , 2015
Part 2--Contingent amendments
1
Social Security (Administration) Act 1999
2
56 Section 42A
3
Omit:
4
•
A person commits such a failure by failing to comply with his
5
or her obligations in relation to a participation payment. The
6
participation payments are newstart allowance, and for some
7
people, youth allowance, parenting payment and special
8
benefit.
9
substitute:
10
•
A person commits such a failure by failing to comply with his
11
or her obligations in relation to a participation payment. The
12
participation payments are (except for remote income support
13
recipients) newstart allowance, and for some people, youth
14
allowance, parenting payment and special benefit. (The
15
scheme for remote income support recipients is in the
16
determination made under section 1061ZAAZA of the 1991
17
Act).
18
Amendments relating to the repeal of the Northern Territory CDEP Transition Payment
and the CDEP Scheme Schedule 2
Main amendments Part 1
No. , 2015
Social Security Legislation Amendment (Community Development
Program) Bill 2015
27
Schedule 2--Amendments relating to the
1
repeal of the Northern Territory CDEP
2
Transition Payment and the CDEP
3
Scheme
4
Part 1--Main amendments
5
Social Security Act 1991
6
1 Subsection 17(1) (subparagraph (m)(ii) of the definition of
7
compensation affected payment)
8
Omit "applies; or", substitute "applies.".
9
2 Subsection 17(1) (paragraph (n) of the definition of
10
compensation affected payment)
11
Repeal the paragraph.
12
3 Subsection 19D(4)
13
Repeal the subsection.
14
4 Subsection 23(1)
15
Repeal the following definitions:
16
(a) the definition of CDEPManager;
17
(b) the definition of CDEP Scheme;
18
(c) the definition of CDEP Scheme participant;
19
(d) the definition of CDEP Scheme payment;
20
(e) the definition of CDEP Scheme provider;
21
(f) the definition of CDEP Scheme quarter;
22
(g) the definition of Northern Territory CDEP transition
23
payment.
24
5 Subsection 23(1) (paragraph (b) of the definition of social
25
security recipient status)
26
Omit "supplement;", substitute "supplement.".
27
Schedule 2 Amendments relating to the repeal of the Northern Territory CDEP
Transition Payment and the CDEP Scheme
Part 1 Main amendments
28
Social Security Legislation Amendment (Community Development
Program) Bill 2015
No. , 2015
6 Subsection 23(1) (definition of social security recipient
1
status)
2
Omit "and includes status held on or after 20 March 2000 as a CDEP
3
Scheme participant receiving the CDEP Scheme Participant
4
Supplement.".
5
7 Subsection 23(1) (definition of transition day)
6
Repeal the definition.
7
8 Sections 408CG and 408GI
8
Repeal the sections.
9
9 Paragraph 500E(1)(c)
10
Omit "except where the person is a CDEP Scheme participant in respect
11
of the period,".
12
10 Section 500W
13
Repeal the section.
14
11 Subdivision C of Division 4 of Part 2.10
15
Repeal the Subdivision.
16
12 Subdivision D of Division 9 of Part 2.10
17
Repeal the Subdivision.
18
13 Paragraph 540(a)
19
Repeal the paragraph, substitute:
20
(a) throughout the period the person satisfies the activity test (see
21
Subdivision B) or is not required to satisfy the activity test
22
(see Subdivision C); and
23
14 Paragraph 546(1)(c)
24
Omit "except where the person is a CDEP Scheme participant in respect
25
of the period,".
26
15 Sections 552C, 559J and 567F
27
Repeal the sections.
28
Amendments relating to the repeal of the Northern Territory CDEP Transition Payment
and the CDEP Scheme Schedule 2
Main amendments Part 1
No. , 2015
Social Security Legislation Amendment (Community Development
Program) Bill 2015
29
16 Subsection 578(3)
1
Repeal the subsection.
2
17 Paragraph 593(1)(a)
3
Repeal the paragraph (including the note), substitute:
4
(a) the person satisfies the Secretary that throughout the period
5
the person is unemployed; and
6
18 Paragraph 593(1)(b)
7
Omit "in the case of a person to whom subparagraph (a)(i) applies--".
8
19 Paragraph 600(1)(c)
9
Omit "except where the person is a CDEP Scheme participant in respect
10
of the period,".
11
20 Sections 614A, 653A, 660LG, 660YCH and 660YGI
12
Repeal the sections.
13
21 Subdivision D of Division 11 of Part 2.12B
14
Repeal the Subdivision.
15
22 Subsection 686(7)
16
Repeal the subsection.
17
23 Sections 771HK and 771KN
18
Repeal the sections.
19
24 Subdivision D of Division 9 of Part 2.15A
20
Repeal the Subdivision.
21
25 Subsection 1049(2)
22
Omit "or a CDEP Scheme Participant Supplement".
23
26 Paragraph 1061EM(2)(b)
24
Repeal the paragraph.
25
Schedule 2 Amendments relating to the repeal of the Northern Territory CDEP
Transition Payment and the CDEP Scheme
Part 1 Main amendments
30
Social Security Legislation Amendment (Community Development
Program) Bill 2015
No. , 2015
27 Subsection 1061EN(1)
1
Omit "(1) For", substitute "For".
2
28 Subsections 1061EN(2) and 1061EX(7)
3
Repeal the subsections.
4
29 Subsection 1061JU(1)
5
Omit "Subject to subsection (2), the", substitute "The".
6
30 Subsections 1061JU(2) and (3)
7
Repeal the subsections.
8
31 Part 2.27
9
Repeal the Part.
10
32 Point 1067G-A1 (method statement, paragraph (c) of step
11
14)
12
Omit "except where the person is a CDEP Scheme participant in respect
13
of the whole or a part of the period for which the rate of allowance is
14
being worked out,".
15
33 Point 1067G-B1
16
Omit "other than a person who is a CDEP Scheme participant in respect
17
of the whole or a part of the period for which the maximum basic rate is
18
being worked out".
19
34 Point 1067G-B1
20
Omit "The maximum basic rate of a person who is a CDEP Scheme
21
participant in respect of the whole or a part of the period for which the
22
maximum basic rate is being worked out is nil (see section 552C).".
23
35 Point 1068-A1 (method statement, paragraph (c) of step 7)
24
Omit "except where the person is a CDEP Scheme participant in respect
25
of the whole or a part of the period for which the rate of benefit is being
26
worked out,".
27
Amendments relating to the repeal of the Northern Territory CDEP Transition Payment
and the CDEP Scheme Schedule 2
Main amendments Part 1
No. , 2015
Social Security Legislation Amendment (Community Development
Program) Bill 2015
31
36 Point 1068-B1
1
Omit "other than a person who is a CDEP Scheme participant in respect
2
of the whole or a part of the period for which the maximum basic rate is
3
being worked out".
4
37 Point 1068-B1
5
Omit "The maximum basic rate of a person who is a CDEP Scheme
6
participant in respect of the whole or a part of the period for which the
7
maximum basic rate is being worked out is nil (see sections 408CG,
8
614A, 660YCH and 771HK).".
9
38 Points 1068B-A2 and 1068B-A3 (method statement, step 7)
10
Omit ", except where the person is a CDEP Scheme participant in
11
respect of the whole or part of the period for which the rate of payment
12
is being worked out,".
13
39 Point 1068B-C2
14
Omit "If a person is not a CDEP Scheme participant in respect of the
15
whole or part of the period for which the rate of payment is being
16
worked out, the person's", substitute "A person's".
17
40 Point 1068B-C3
18
Repeal the point.
19
41 Subsection 1161(6A)
20
Omit ", (m) or (n)", substitute "or (m)".
21
42 Paragraph 1161A(1)(a)
22
Omit ", (m) or (n)", substitute "or (m)".
23
43 Part 3.15A
24
Repeal the Part.
25
Social Security (Administration) Act 1999
26
44 Paragraph 52(1)(k)
27
Omit "benefit;", substitute "benefit.".
28
Schedule 2 Amendments relating to the repeal of the Northern Territory CDEP
Transition Payment and the CDEP Scheme
Part 1 Main amendments
32
Social Security Legislation Amendment (Community Development
Program) Bill 2015
No. , 2015
45 Paragraph 52(1)(l)
1
Repeal the paragraph.
2
46 Section 123TC (paragraph (r) of the definition of category I
3
welfare payment)
4
Repeal the paragraph.
5
47 Subclause 1(1) of Schedule 1 (paragraph (j) of the
6
definition of social security periodic payment)
7
Repeal the paragraph.
8
Amendments relating to the repeal of the Northern Territory CDEP Transition Payment
and the CDEP Scheme Schedule 2
Contingent amendments Part 2
No. , 2015
Social Security Legislation Amendment (Community Development
Program) Bill 2015
33
Part 2--Contingent amendments
1
Social Services Legislation Amendment (Youth Employment)
2
Act 2015
3
48 Item 10 of Schedule 1 (heading)
4
Repeal the heading, substitute:
5
10 After section 500VA
6