House of Representatives

Explanatory Memorandum

Circulated By the Authority of the Minister for Families, Housing, Community Services and Indigenous Affairs, the Hon Jenny Macklin MP

Schedule 4 - Extending Cape York welfare reform trial

Summary

This Schedule amends section 123UF of the Social Security Administration Act to enable a proposed 12-month extension of the welfare reform trial in the Cape York area.

Background

The Cape York welfare reform trial (the Trial) is a partnership between the communities of Aurukun, Coen, Hope Vale and Mossman Gorge, the Australian Government, the Queensland Government and the Cape York Institute for Policy and Leadership. It aims to restore positive social norms, re-establish local Indigenous authority and support community and individual engagement in the real economy.

To date, the Trial has made a real difference in the lives of Indigenous people in the Cape. Since it began in July 2008, the Cape York Welfare Reform communities have seen improved school attendance, care and protection of children and community safety.

A key plank of the Trial is the Family Responsibilities Commission, established under Queensland Government legislation. Local Family Responsibility Commissioners hold conferences with community members, refer people to support services and, when necessary, arrange income management.

Currently, a person can only be subject to income management under the Trial after a decision by the Family Responsibilities Commission, made before 1 January 2012.

This Schedule amends the Social Security Administration Act to extend this date to 1 January 2013 to enable income management to continue in Cape York for a further 12 months.

The Queensland Government is currently leading a process of consultation with Cape York communities about extension of the Trial. Queensland Government legislation also needs to be changed in order for the Trial to be extended.

Explanation of the changes

Item 1 omits the references to 1 January 2012 in paragraph 123UF(1)(g) and paragraph 123UF(2)(h) and inserts references to 1 January 2013.

Schedule 5 - Aboriginal Land Trusts

Summary

This Schedule amends the Aboriginal Land Rights (Northern Territory) Act 1976 ( the Land Rights Act) to clarify that the Public Works Committee Act 1969 ( the PWC Act) does not apply to Aboriginal Land Trusts.

Background

The Land Rights Act provides for the establishment of Aboriginal Land Trusts to hold title to land in the Northern Territory for the benefit of Aboriginal people entitled by Aboriginal tradition to the use or occupation of the land concerned. Land vested in an Aboriginal Land Trust under the Land Rights Act is held as an estate in fee simple.

Since the concept of authorities of the Commonwealth was first introduced into the PWC Act by way of amendment in 1981, Aboriginal Land Trusts have not in practice been considered to be Commonwealth authorities to which the PWC Act applies. The amendment made by this Schedule clarifies that Aboriginal Land Trusts are not authorities of the Commonwealth for the purposes of the PWC Act.

The amendment made by this Schedule commences on Royal Assent.

Explanation of the changes

Item 1 inserts new section 5A into the Land Rights Act. Section 5A provides that the PWC Act does not apply to a Land Rights Act Aboriginal Land Trust.

This will not affect the application of the PWC Act to any proposed arrangement that involves the carrying out of a work by or for the Commonwealth, or by or for an authority of the Commonwealth to which the PWC Act applies. Where the Parliamentary appropriation requirements of section 5AA of the PWC Act are otherwise satisfied, the work will be a 'public work' for the purposes of that Act, even if the work is proposed to be carried out on land owned by a Land Rights Act Aboriginal Land Trust.