Social Services Legislation Amendment Bill 2017 [2017] AUSStaCSBSD 112 (29 March 2017)

• Social Services Legislation Amendment Bill 2017
• Significant matters in delegated legislation 1

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Social Services Legislation Amendment Bill 2017

Purpose	This bill seeks to amend various Acts relating to family assistance and social security to: • maintain income free areas and means test thresholds for certain payments and allowances at their current levels for three years; • allow for the automation of the regular income stream review process; • extend the ordinary waiting period for working age payments; and • maintain the current family tax benefit rates for two years from 1 July 2017
Portfolio	Social Services
Introduced	Senate on 22 March 2017

Significant matters in delegated legislation ^[1]

1.86 Proposed subsection 19DA(5) empowers the Secretary to prescribe, by legislative instrument, circumstances for the purpose of determining whether a person is experiencing a personal financial crisis. If a person is held to be experiencing a personal financial crisis the ordinary waiting period for receipt of certain welfare payments may be waived. There is no legislative guidance in the primary legislation as to what type of circumstances may be prescribed.

1.87 The statement of compatibility suggests that the use of a legislative instrument provides the Secretary 'with the flexibility to refine policy settings to ensure that the rules operate efficiently and fairly without unintended consequences'. As such, the provision is said to allow the Secretary to 'consider other unforeseeable or extreme circumstances...where it would be appropriate for a person to have immediate access to income support'.^[2]

1.88 While the committee remains concerned as a matter of general principle about the delegation of legislative power in relation to significant matters, in light of the explanation provided, and the fact that the legislative instrument will be subject to disallowance, the committee draws the provision to the attention of Senators and leaves to the Senate as a whole the appropriateness of this proposed approach.

1.89 The committee also draws this matter to the attention of the Regulations and Ordinances Committee for information.

The committee draws Senators' attention to the provision, as it may be considered to delegate legislative powers inappropriately, in breach of principle 1(a)(iv) of the committee's terms of reference.

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[1] Schedule 3, item 5, proposed subsection 19DA(5).

[2] Explanatory memorandum, p. 24.