House of Representatives

Explanatory Memorandum

(Circulated by the authority of the Minister for Social Services, the Hon Kevin Andrews MP)

Schedule 5 - Definitions and technical corrections

Summary

This Schedule makes minor and technical amendments to the Social Security Act, including a restructure of the Part of the Act dealing with definitions.

Background

Part 1.2 of the Social Security Act contains definitions of terms that are used in the social security law. Each section in Part 1.2 contains a list of definitions relating to a particular subject. For example, sections 4 and 5 contain family relationship definitions, and section 8 contains income test definitions.

Other general definitions are contained in subsection 23(1). Currently, locating the definition of a term requires perusing 51 separate lists of definitions contained in Part 1.2 of the Social Security Act. These amendments will ensure all the terms relevant to more than one area in the Act will now be listed in subsection 23(1).

This Schedule also makes various minor amendments to fix inconsistent formatting and other minor technical errors.

Some of the amendments in this Schedule are affected by amendments made by Part 4 of Schedule 2 to the Aged Care (Living Longer Living Better) Act 2013, which commences on 1 July 2014. For simplicity, all amendments in this Schedule will therefore commence on the later of:

•

the start of the day of the Royal Assent; and

•

immediately after the commencement of Part 4 of Schedule 2 to the Aged Care (Living Longer Living Better) Act 2013.

Explanation of the changes

Amendments to the Social Security Act 1991

Part 1 of this Schedule inserts into subsection 23(1) signpost definitions to identify the provision that actually defines the expression. The effect of these signposting amendments is that subsection 23(1) will become a complete entry of all definitions defined under Part 1.2 of the Social Security Act.

There are other terms that are defined only for the purposes of a specific area of the Social Security Act. Signposts to these definitions will not be included in subsection 23(1). For example, definition of terms that are used only in Part 2.26 of the Social Security Act (relating to fares allowance) are listed in section 19A only, and are not included in subsection 23(1).

Item 1 inserts a general outline, as new section 3B, to explain how the definitions contained in Part 1.2 are structured.

Item 2 replaces the current heading of section 23 'General definitions' with the heading 'Dictionary'.

Item 3 inserts into subsection 23(1) signpost definitions of all the terms defined in sections 4 to 22 of the Social Security Act.

Item 4 repeals subsection 23(19) as the terms transfer day and transferee are now defined in subsection 23(1).

Items 5 to 8 insert a note at the beginning of each relevant Part or Chapter, to inform readers where the definitions that are relevant to that Part or Chapter can be found. For example, item 5 inserts a note to tell readers that many of the definitions relevant to the provisions of Part 2.26 of the Social Security Act (relating to fares allowance) are contained in section 19A.

Part 2 of this Schedule contains minor technical amendments, to fix incorrect capitalisation, inconsistent font style, incorrect numbering of notes and incorrect cross-references.