House of Representatives

Explanatory Memorandum

Circulated by authority of the Minister for Education and the Minister for Employment and Workplace Relations, the Honourable Julia Gillard MP

OUTLINE

The Social Security and Veterans' Entitlements Legislation Amendment (Schooling Requirements) Bill 2008 amends the Social Security (Administration) Act 1999 , the A New Tax System (Family Assistance) Act 1999 , the Student Assistance Act 1973 and the Veterans' Entitlements Act 1986 to give effect to measures announced in the 2008-09 Budget that concern parental responsibilities in relation to the school enrolment and attendance of their children.

Amendments to the Social Security (Administration) Act 1999 include the addition of Part 3C to provide for implementation of the 2008-09 Budget measure - Improving School Enrolment and Attendance through Welfare Reform (SEAM). The Bill also makes amendments to disclosure of information provisions to support and facilitate implementation of the measure.

Amendments to the A New Tax System (Family Assistance) Act 1999 , the Student Assistance Act 1973 and the Veterans' Entitlements Act 1986 provide legislative support for payments affected by the measure.

SEAM introduces conditions on the receipt of income support payments whereby parents are obliged to ensure their children of compulsory school age are enrolled in school as well as to take reasonable action to ensure children attend school regularly.

Part 3C outlines requirements for parents in receipt of income support in relation to the enrolment and attendance of their compulsory school age children.

For enrolment, the amendments allow for the provision of notices to affected parents requiring them to provide information to Centrelink about the status of their child's enrolment at school. Parents who do not comply with the notice without a reasonable excuse or other special circumstance will have their income support payments suspended.

For attendance, the amendments allow for the provision of notices to parents who have been identified by education authorities or schools as failing to take reasonable steps to address their child's unsatisfactory school attendance. These parents may have their income support payments suspended if they do not take reasonable steps to engage with the school and the school continues to be dissatisfied with the child's attendance. Before a suspension is applied, the Secretary (or his or her delegate) needs to determine whether a reasonable excuse or special circumstance prevents the parent from complying with the requirement.

For both the enrolment and attendance components, payments will be reinstated with full back pay if parents comply within a 13 week period. Part 3C allows for discretion in the lifting of suspension periods and for the payment of arrears beyond a 13 week suspension period.