House of Representatives

Explanatory Memorandum

Circulation with the authority of the Parliamentary Secretary to the Prime Minister, the Hon Christian Porter MP)

Schedule 5 - Social Services

Outline

Schedule 5 will make minor amendments and repeals provisions in Acts administered in the Social Services portfolio.

Part 1 - Use of protected information

Outline

Part 1 will make amendments to the A New Tax System (Family Assistance) (Administration) Act 1999 (the NTSFA Admin Act), the Paid Parental Leave Act 2010 (the PPL Act), the Social Security (Administration) Act 1999 (the SSA Act) and the Student Assistance Act 1973 (the SA Act) to facilitate greater public access to aggregated information that does not disclose information about a particular person.

Prior to these amendments, the aggregation of protected information collected under these Acts constituted a use of protected information that was only permitted if the aggregation was primarily for a purpose that satisfied the relevant Act.

The amendments will enable greater access to de-identified aggregated data for use by researchers and the general public.

Notes on Clauses

A New Tax System (Family Assistance) (Administration) Act 1999

Item 1: After subsection 162(2)

Item 1 will insert subsection 162(2A) into the NTSFA Admin Act. Prior to this amendment, there was ambiguity around whether the use of protected information for the purpose of producing aggregated data for release (such as for research or publication) was strictly for the purposes of the NTSFA Admin Act.

This amendment aims to facilitate the release of information collected under the NTSFA Admin Act in an aggregated form that does not disclose, either directly or indirectly, information about a particular person. This amendment will clarify that the use of protected information for the purpose of aggregation and de-identification is permissible, enabling greater access to aggregated data for researchers and the general public.

Paid Parental Leave Act 2010

Item 2: At the end of section 127

Item 2 will insert subsection 127(3) into the PPL Act. Prior to this amendment, there was ambiguity around whether the use of protected information for the purpose of producing aggregated data for release (such as for research or publication) was strictly for the purposes of the PPL Act.

This amendment aims to facilitate the release of information collected under the PPL Act in an aggregated form that does not disclose, either directly or indirectly, information about a particular person. This amendment will clarify that the use of protected information for the purpose of aggregation and de-identification is permissible, enabling greater access to aggregated data for researchers and the general public.

Social Security (Administration) Act 1999

Item 3: After subsection 202(2)

Item 3 will insert subsection 202(2AA) into the SSA Act. Prior to this amendment, there was ambiguity around whether the use of protected information for the purpose of producing aggregated data for release (such as for research or publication) was strictly for the purposes of the SSA Act.

This amendment aims to facilitate the release of information collected under the SSA Act in an aggregated form that does not disclose, either directly or indirectly, information about a particular person. This amendment will clarify that the use of protected information for the purpose of aggregation and de-identification is permissible, enabling greater access to aggregated data for researchers and the general public.

Student Assistance Act 1973

Item 4: After subsection 351(2)

Item 4 will insert subsection 351(2A) into the SA Act. Prior to this amendment, there was ambiguity around whether the use of protected information for the purpose of producing aggregated data for release (such as for research or publication) was strictly for the purposes of the SA Act.

This amendment aims to facilitate the release of information collected under the Act in an aggregated form that does not disclose, either directly or indirectly, information about a particular person. This will clarify that the use of protected information for the purpose of aggregation and de-identification is permissible, enabling greater access to aggregated data for researchers and the general public.

Item 5: Application provision

Item 5 is an application provision to ensure that the amendments made by this Part apply in relation to protected information obtained before, on or after the commencement of this Part.

Part 2 - Indexation

Outline

Part 2 will repeal spent indexation provisions from A New Tax System (Family Assistance) Act 1999 (the NTSFA Act) and the Social Security Act 1991 (the SS Act). These two Acts contain provisions outlining how and when certain payments should or should not be indexed. The provisions identified have passed their date of effect and are regarded as spent. They are therefore no longer required in either of the Acts. Some consequential and technical amendments will also be made.

Notes on Clauses

A New Tax System (Family Assistance) Act 1999

Item 6: Paragraphs 84F(a) to (e)

Item 6 will repeal paragraphs 84F(a) to (e). These provisions set a child care rebate limit for previous income years and are spent.

Item 7: Subclause 3(9) of Schedule 4

Item 7 will repeal subclause 3(9) of Schedule 4 of the NTSFA Act as this provision is spent.

Item 8: Part 4 of Schedule 4

Item 8 will repeal Part 4 of Schedule 4 of the NTSFA Act as the provisions in Part 4 are spent.

Social Security Act 1991

Item 9: Subsection 20A(5) (note 1)

Item 9 will repeal note 1 in subsection 20A(5) as this provision is spent.

Item 10: Subsection 20A(5) (note 2)

Item 10 will omit 'each of those indexed amounts will be further indexed' and substitute 'the amount in each item of the table will be indexed' in subsection 20A(5)(note 2). This wording change is consequential for the repeal noted in subsection 20A(5).

Item 11: Subsection 500Q(7)

Item 11 will repeal subsection 500Q(7) as this provision is spent.

Item 12: Point 1066A-C1 (note 1)

Item 12 will omit 'note 1' and substitute 'note' in point 1066A-C1 (note 1). This change is consequential for the repeal of note 2 in point 1066A-C1.

Item 13: Point 1066A-C1 (note 2)

Item 13 will repeal the note in point 1066A-C1 as it is spent.

Item 14: Division 5 of Part 3.7

Item 14 will repeal division 5 of Part 3.7. This is a spent transitional provision to provide for the indexation of certain amounts included in part 3.7 of the SS Act, between the time of drafting of the amending legislation (Social Security Amendment (Further Simplification) Act 2004) and its commencement in the SS Act.

Item 15: Paragraph 1189(c)

Item 15 will omit 'indexed; and' and substitute 'indexed' in paragraph 1189(c).This is a technical change consequential upon the repeal of paragraph 1189(d).

Item 16: Paragraph 1189(d)

Item 16 will repeal the paragraph 1189(d). This is consequential upon the repeal of Divisions 5 and 6 of Part 3.16 of the SS Act.

Item 17: Section 1190 (table item 29, column 4)

Item 18: Section 1190 (table item 30, column 4)

Item 19: Section 1190 (table item 31, column 4)

Item 20: Section 1190 (table item 32, column 4)

Item 21: Section 1190 (table item 33, column 4)

Items 17 to 21 will amend various items in the Indexed and Adjusted Amounts table in section 1190 to remove references to subsection 660YCJ(2). This provision is being repealed along with the proposed repeal of the mature age allowance in the Omnibus Repeal Day (Spring 2014) Bill 2014. The Mature Age Allowance is a spent payment.

Item 22: Section 1190 (table item 33, column 4)

Item 22 will correct a reference in column 4 of table Item 33.

Item 23: Section 1190 (table item 40, column 4)

Item 23 will remove a redundant reference to paragraphs 5(3)(c) and 831A(2)(d) as they are no longer used.

Item 24: Section 1190 (cell at table item 47, column 2)

Item 25: Section 1190 (cell at table item 49D, column 2)

Items 24 and 25 will delete redundant references to 'or' in column 2 of table items 47 and 49D.

Item 26: Subsection 1191(1)

Item 26 will omit 'Subject to subsection (1A), an' and substitute 'An' in subsection 1191(1). This change is consequential upon the repeal noted in subsection 1191(1A).

Item 27: Subsection 1191(1A)

Item 27 will repeal the subsection 1191(1A) as this provision is spent.

Item 28: Subsection 1192(2) (note 1)

Item 28 will omit 'note 1', and substitute 'note'. This change is consequential upon the repeal of notes 2 and 3 in subsection 1192(2).

Item 29: Subsection 1192(2) (notes 2 and 3)

Item 29 will repeal notes 2 and 3 in subsection 1192(2) because the potential events referred to in notes 2 and 3 are spent.

Item 30: Subsections 1192(3) to (4AA), (4A), (6), (8) and (9)

Item 30 will repeal subsections 1192(3) to (4AA), (4A), (6), (8) and (9) as these provisions are spent.

Item 31: Divisions 5 to 8 of Part 3.16

Item 31 will repeal all parts of Divisions 5 and 7 of Part 3.16 of the SS Act as these provisions are spent. Item 31 will also repeal all parts of Division 6 of Part 3.16 as the relevant one-off adjustments have been made, and all parts of Division 8 of Part 3.16 as these parts are spent.

Part 3- Retirement Assistance for Farmers

Outline

Part 3 will repeal the Retirement Assistance for Farmers Scheme (the RAF Scheme) and the Retirement Assistance for Sugarcane Farmers (the RASF Scheme) from the SS Act.

The schemes enabled farmers who met certain conditions to transfer ownership of the family farm to the eligible descendant without adversely affecting their access to social security payments. The schemes were closed in 2001 and 2007 respectively and all claims have been determined.

Notes on Clauses

Social Security Act 1991

Item 32: Subsections 12A(2A) and (2B)

Item 32 will repeal subsections 12A(2A) and (2B) which refer to the RAF Scheme and the RASF Scheme as the schemes were closed and all claims have been determined.

Item 33: Sections 17A and 17B

Item 33 will repeal sections 17A and 17B which refer to the RAF Scheme and the RASF Scheme as the schemes were closed and all claims have been determined.

Item 34: Subsection 23(1) (definition of eligible descendant)

Item 35: Subsection 23(1) (definition of eligible former partner of a qualifying farmer)

Item 36: Subsection 23(1) (definition of eligible former partner of a qualifying sugarcane farmer)

Item 37: Subsection 23(1) (definition of eligible interest)

Item 38: Subsection 23(1) (definition of farm)

Item 39: Subsection 23(1) (definition of farm enterprise)

Items 34 to 39 will repeal definitions which relate to the RAF Scheme and the RASF Scheme as the schemes were closed and all claims have been determined.

Item 40: Subsection 23(1) (definition of pension age)

Item 40 will repeal the definition of pension age as it relates to the RAF Scheme and the RASF Scheme, and replaces it with the meaning given by subsections 23 (5A), (5B), (5C) and (5D) of the SS Act.

Item 41: Subsection 23(1) (definition of proprietary company)

Item 41 will repeal the definition of proprietary company which relates to the RAF Scheme and the RASF Scheme which will be repealed and replaced with the same meaning as in the Corporations Act 2001.

Item 42: Subsection 23 (1) (definition of qualifying farmer)

Item 43: Subsection 23(1) (definition of qualifying interest)

Item 44: Subsection 23(1) (definition of qualifying sugarcane farmer)

Item 45: Subsection 23(1) (definition of RASF closing day)

Item 46: Subsection 23(1) (definition of RASF commencement day)

Item 47: Subsection 23(1) (definition of relevant farm asset)

Item 48: Subsection 23(1) (definition of relevant State land law)

Item 49: Subsection 23(1) (definition of relevant sugarcane farm asset)

Item 50: Subsection 23(1) (definition of sugarcane farm)

Item 51: Subsection 23(1) (definition of sugarcane farmer enterprise)

Item 52: Subsection 23(1) (definition of total net value)

Item 53: Subsection 23(1) (definition of transfer)

Items 42 to 53 will repeal definitions which relate to the RAF Scheme and the RASF Scheme as the schemes were closed and all claims have been determined.

Item 54: Subsection 1074(2) (note)

Item 55: Subsection 1075(1) (note)

Item 56: Subsection 1076(1) (note)

Item 57: Subsection 1077(1) (note)

Item 58: Subsection 1078(1) (note)

Item 59: Subsection 1083(1) (note)

Item 60: Subsection 1123(1) (note 1)

Items 54 to 60 will repeal notes which relate to the RAF Scheme and the RASF Scheme as the schemes were closed and all claims have been determined.

Item 61: Subsection 1123(1) (note 2)

Item 61 will omit 'note 2' and substitute 'note' in a technical amendment which refers to the fact that subsection 1123(1) (note 1) will be repealed. Subsection 1123(1) (note 1) relates to the RAF Scheme and the RASF Scheme.

Item 62: Parts 3.14A and 3.14B

Item 62 repeals Parts 3.14A and 3.14B, the substantive Parts of the SS Act which relate to the RAF Scheme and the RASF Scheme. The schemes were closed and all claims have been determined.

Item 63: Paragraph 1208U(1)(h)

Item 63 omits '(as defined by section 17A)' from Paragraph 1208U(1)(h) as it will be repealed under this Act, as it relates to the RAF Scheme and the RASF Scheme. The schemes were closed and all claims have been determined.

Item 64: After subsection 1208U(3)

Item 64 provides a new definition for eligible descendant for the purposes of subsection 1208U(3). This will replace the definition of eligible descendant that will be repealed in Item 34 above.

Social Security (Administration) Act 1999

Item 65: Clauses 14 and 14A of Schedule 2

Item 65 will repeal clauses 14 and 14A of Schedule 2 of the SSA Act which relate to the RAF Scheme and the RASF Scheme as the schemes were closed and all claims have been determined.

Item 66: Saving provision

Item 66 is a savings provision applicable to certain persons who meet the conditions set out in either subsections 12A(2A) or (2B) who would otherwise be regarded as having a 'granny flat interest'.

A 'granny flat interest' is defined under subsection 12A(2) as a right or interest created when a person has paid for or acquired a life interest or right to accommodation for life, and the life interest or right to accommodation for life is in a private residence that is to be the person's principal home.

The savings provision ensures that despite the repeal by Item 32 of this Part of subsections 12A(2A) and (2B), the exclusion granted under the repealed provisions to a person who transferred a farm interest under the RAF Scheme or the RASF Scheme will continue to apply.

Part 4- Repeal of spent saving and transitional provisions

Outline

Part 4 will repeal spent savings, transitional and application provisions from Schedule 1A of the SS Act. The spent savings, application and transitional provisions relate to rules that were required to deal with former legislative amendments dealing with persons transitioning from one set of arrangements to another. A number of savings and transitional provisions in Schedule 1A of the SS Act no longer have any effect as they deal with circumstances that can longer occur. Removing these redundant provisions will simplify the social security legislation and make it more accessible.

Notes on Clauses

Social Security Act 1991

Item 67: Subsection 1061S(1) (table item 2)

Item 67 will repeal subsection 1061S(1) (table item 2) which contains a consequential technical amendment. This change is consequential upon the repeal of clause 41 of Schedule 1A of the SS Act.

Item 68: Subsection 1061S(1) (table item 3)

Item 69: Subsection 1061S(1) (note)

Item 70: Subsection 1061S(2)

Item 71: Subsections 1061S(3) and (4)

Items 68 to 71 are consequential amendments that take account of the repeal of item 2 from the table in subsection 1061S(1) of the SS Act.

Item 72: Subsection 1061SA(1) (table item 2)

Item 72 will repeal subsection 1061SA(1) (table item 2) which contains a consequential technical amendment. This change is consequential upon the repeal of clause 41 of Schedule 1A (Item 77 below).

Item 73: Subsection 1061SA(1) (table item 3)

Item 74: Subsection 1061SA(1) (note)

Item 75: Subsection 1061SA(3)

Item 76: Subsections 1061SA(4) and (6)

Items 73 to 76 are consequential amendments that take account of the repeal of item 2 from the table in subsection 1061SA (Item 72 above).

Item 77: Clauses 21, 27, 41 to 48, 67, 69B, 96, 99, 100, 101, 102A to 102E, 104, 104A, 108, 108A, 109, 109A of Schedule 1A

Item 77 will repeal clause 21 which relates to widow's pension - mental health patient partners (changes introduced on 1 November 1980), as it is a redundant provision.

Item 77 will repeal clause 27 which relates to rent assistance - boarders or lodgers (changes introduced on 13 June 1989), as it is a spent provision.

Item 77 will repeal clauses 41 to 48 that relate to 'member of a couple' rates of indexation which are to be repealed by this Item. These are now out-dated as they have been surpassed by subsequent indexation rounds.

Item 77 will repeal clause 67 which is a spent transitional clause relating to the ongoing eligibility for Sickness Allowance for people who were receiving rehabilitation assistance before 20 March 1994. This transitional clause is now spent and can be repealed.

Item 77 will repeal clause 69B which is a spent transitional clause relating to the application of deferment provisions on 4 July 1994. This transitional clause is now spent and can be repealed.

Item 77 will repeal clause 96 which is a spent application and saving provision for advance payments of a social security entitlement in relation to 1 January 1997. As the advance comes from a person's first (and if necessary, second) payment instalment, any advances made before 1 January 1997 would have already been made.

Item 77 will repeal clauses 99, 100, 101, and 104 of Schedule 1A of the SS Act. These clauses provide for the application of certain amendments made by the Social Security Legislation Amendment (Budget and Other Measures) Act 1996 and are now spent. Clause 99 is an application provision for amendments relating to unemployment due to industrial action. Clause 100 is an application provision for amendments relating to the abolition of the minimum rate of payment to under 18 year old sickness allowance and Newstart allowance recipients. Clause 101 is an application provision for the abolition of the earnings credit scheme. Clause 104 is an application provision for amendments relating to the liquid assets test waiting period.

Item 77 will repeal clauses 102A, 102B, 102C and 102D as they are spent provisions relating to the review of decisions and determinations made under section 5 of the Aged Care Income Testing Act 1997 prior to the commencement of the Aged Care Act 1997 (commenced 7 July 1997).

Item 77 will repeal clause 102E which is a spent application provision relating to the abolition of residential care allowance and amendments relating to rent assistance.

Item 77 will repeal clause 104A which is a spent application provision that relates to superannuation lump sum payments received within two weeks of 20 September 1997.

Item 77 will repeal clauses 108 and 108A which are no longer required. Clause 108 and 108A are provisions for disabled child (changes made on 1 July 1998). These clauses contain end dates of 30 June 1999 and 30 June 2003 and are therefore spent.

Item 77 will repeal clause 109. This clause provides for the application of certain amendments made by the Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998 relating to the liquid assets test waiting period for sickness allowance. This clause is now spent.

Item 77 will repeal clause 109A which is a spent application provision relating to the consistent treatment of lump sums after 1 July 1998. The amendments made to the Act would now be applied uniformly, resulting in no need for the application provision.

Item 78: Subclause 110(1) of Schedule 1A

Item 78 will omit 'subject to clause 114' which is being repealed in Item 80 below.

Item 79: Subclause 111(1) of Schedule 1A (note)

Item 79 will repeal the note which refers to clause 109 which is a spent application provision and is now redundant.

Item 80: Clauses 112, 113 and 114 of Schedule 1A

Item 80 will repeal clauses 112, 113 and 114 of Schedule 1A which are transitional clauses and are no longer required.

Item 81: Paragraph 115(1)(d) of Schedule 1A

Item 81 will repeal paragraph 115(1)(d) of Schedule 1A as it refers to clause 109 which is a spent application provision and is now redundant.

Item 82: Clauses 116, 117, 120, 120A and 127 of Schedule 1A

Item 82 will repeal clauses 116, 117 and 127 which are transitional clauses which are no longer required.

Item 82 will repeal clause 120 which is a spent application provision relating to amendments taking effect on 1 July 1998. As the amendments made to the Act would now be applied uniformly, there is no need for the application provision.

Item 82 will repeal clause 120A which is a spent provision as it only relates to people disadvantaged by the income stream as at 19-20 September 1998. No new cases are ever expected.

Part 5 - Other corrections

Outline

Part 5 will make a consequential correction.

Notes on Clauses

Item 83: Subsection 1208V(2)

Item 83 'omits clause 19' from subsection 1208V(2) from the SS Act and 'substitutes clause 38N'.