House of Representatives

Explanatory Memorandum

(Circulated by authority of the Minister for Families, Community Services and Indigenous Affairs, the Hon Mal Brough MP)

Schedule 12 - Other minor and technical amendments

Summary

This Schedule makes various amendments of a minor or technical nature to the social security law and child support Acts.

Background

The amendments in this Schedule are mainly to correct technical errors such as repealing redundant provisions, correcting errors in cross-references, adjusting notes to provisions and similar matters.

There are also two minor measures not directly related to the other Schedules to this bill. The first applies to the Australian Government Disaster Recovery Payment (AGDRP) measure that commenced on 1 December 2006. The first amendment relating to this is of a technical nature and corrects a reference in paragraph 1061K(1)(b)(iv) of the Social Security Act. The second amendment is to subsection 31(1) of the Social Security Administration Act and clarifies that a person who is included in a specified class of Australian citizen, but is not an Australian resident, and who wishes to lodge a claim relating to a major disaster that occurred in Australia, is able to lodge a claim for the Australian Government Disaster Recovery Payment.

The third minor amendment is to provide for the Executive Director of the SSAT a power to delegate his or her powers to a member of staff of the SSAT. Apart from new powers under the child support legislation, the Executive Director has various powers under the social security law, including those relating to practical matters for arranging hearings, such as setting the time and place for hearings and sending out what can amount to thousands of pieces of correspondence. The capacity to delegate some of these powers will considerably assist the Executive Director, particularly in managing the increased caseload of reviews since child support reviews have come before the SSAT.

This arrangement is comparable to the Secretary of many Commonwealth departments being able to delegate powers to 'an officer', including under the social security law itself. It will be particularly useful for the SSAT, given its deliberately decentralised structure. The intention would be to delegate such powers to SSAT Office Managers, who are senior administrative staff. It is not feasible to delegate such powers to staff at the equivalent of the Senior Executive Service level because there are only five of those throughout the SSAT structure (other than the Executive Director), those five being State Directors, and the smaller states and territories having no equivalent level staff. Powers that go to the substance of the consideration of reviews would continue to be exercised strictly by SSAT members.

Some of the technical amendments made by this Schedule have retrospective commencement dates, to make corrections with effect from the dates of any errors. In all these cases, there is no adverse impact on any person.

Explanation of the changes

Items 1 to 6 amend several provisions in the Social Security Act to reflect the fact that provisions to do with administrative matters, notably the review provisions, were relocated from that Act to the Social Security Administration Act in 1991. Item 6 , however, repeals a note, rather than amending it, in line with general policy to reduce use of notes in the social security law.

Item 7 repeals the reader's guide to the Social Security Act, which is now out of date and no longer used.

Items 8 and 12 remove references to provisions that have been repealed, or are being repealed in this bill.

Items 9, 11 and 16 repeal redundant provisions.

Items 10, 14 and 15 are relevant to the AGDRP.

Item 10 amends subparagraph 1061K(1)(b)(iv) of the Social Security Act by omitting the reference to subsection 1061K(3) and replacing it with a reference to the correct subsection, subsection 1061K(2). (Subsection 1061K(2) enables the Minister to determine in writing that a specified class of Australian citizens who are not Australian residents can qualify for an AGDRP.) Item 10 commences immediately after the commencement of new Part 2.24 of the Social Security Act (the AGDRP provisions), on 1 December 2006. This amendment does not disadvantage claimants for the payment and gives effect to the original intent of the AGDRP measures.

Item 14 amends subsection 31(1) of the Social Security Administration Act, which provides an exception to the general rule that a person be 'an Australian resident' and 'in Australia' to make a claim for a social security payment (section 29 of the Social Security Administration Act). Subsection 31(1) currently provides that section 29 does not apply to a claim for the AGDRP if the claim relates to a major disaster that occurred outside Australia. As a consequence, subsection 31(1) currently does not apply where the person wishing to lodge a claim for the AGDRP is not an Australian resident and the claim relates to a major disaster that occurred in Australia. The amendment made by item 14 would enable a person who is included in a specified class of Australian citizen, but is not an Australian resident, and who wishes to lodge a claim relating to a major disaster that occurred in Australia, to be able to lodge a claim for the AGDRP.

Items 14 and 15 commence immediately after the commencement of Part 2.24 of the Social Security Act (the AGDRP provisions), on 1 December 2006. Consistent with the commencement of both items, item 15 also clarifies that the amendment made by item 14 applies to any claim for an AGDRP that is made after that item commences. The amendments made by both items are beneficial in nature and benefit persons who are not Australian residents who wish to claim AGDRP in respect of a major disaster that occurred in Australia.

Item 13 inserts into table item 11 in subsection 1217(4) of the Social Security Act a signpost to a relevant provision that modifies the effect of the item.

Item 17 provides the new capacity, mentioned above, for the Executive Director of the SSAT to delegate powers to a member of staff of the SSAT.