Social Security (Administration) Amendment (Income Management and Cashless Welfare) Act 2019

No. 45, 2019

An Act to amend the law relating to social security, and for related purposes

Contents

1 Short title 1

2 Commencement 2

3 Schedules 2

Schedule 1—Income management and cashless welfare 3

Social Security (Administration) Act 1999 3

An Act to amend the law relating to social security, and for related purposes

[Assented to 5 April 2019]

The Parliament of Australia enacts:
1 Short title

This Act is the Social Security (Administration) Amendment (Income Management and Cashless Welfare) Act 2019.
2 Commencement 1

Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information Commencement information Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 5 April 2019
2. Schedule 1 The day after this Act receives the Royal Assent. 6 April 2019

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 2

Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Income management and cashless welfare

Social Security (Administration) Act 1999

 1 Paragraphs 123UF(1)(g) and (2)(h)

Omit “1 July 2019”, substitute “1 July 2020”.

 1A Subsection 124PD(1)

Insert:

health or community worker means a person who carries on, and is entitled to carry on, an occupation that involves the provision of care for the physical or mental health of people or for their wellbeing.

 2 Paragraph 124PF(1)(b)

Repeal the paragraph, substitute:

 b

ending on 30 June 2020.

 3 After paragraph 124PG(1)(h)

Insert:

 ha

section 124PHA does not apply to the person; and

 4 After paragraph 124PGA(1)(h)

Insert:

 ha

section 124PHA does not apply to the person; and

 5 After paragraph 124PGB(1)(h)

Insert:

 ha

section 124PHA does not apply to the person; and

 6 After paragraph 124PGC(1)(g)

Insert:

 ga

section 124PHA does not apply to the person; and

 7 At the end of Division 2 of Part 3D

Add:

Subdivision C—Exiting cashless welfare arrangements

 124PHA Participants who responsibly manage their financial affairs

Application of this section

Note: Subsection (4) sets out when this section ceases to apply to a person.

Criteria

When this section ceases to apply

[Minister’s second reading speech made in—

House of Representatives on 13 February 2019

Senate on 3 April 2019]

(33/19)

 1

This section applies to a person if:

 a

all of the following apply:

 i

the person’s usual place of residence is within a trial area where the Minister has authorised a body as a community body;

 ii

the person applies to their local community body on or after 1 July 2019 to exit the trial of cashless welfare arrangements;

 iii

the person’s local community body is satisfied that the person satisfies the criteria mentioned in subsection (2);

 iv

the community body notifies the Secretary in writing that it is so satisfied; or

 b

all of the following apply:

 i

the person’s usual place of residence is not within a trial area where the Minister has authorised a body as a community body;

 ii

the person applies to the Secretary on or after 1 July 2019 to exit the trial of cashless welfare arrangements;

 iii

the Secretary is satisfied that the person satisfies the criteria mentioned in subsection (2).

 2

The criteria for the purposes of subparagraphs (1)(a)(iii) and (b)(iii) are:

 a

that the person can demonstrate reasonable and responsible management of their financial affairs, taking into account all of the following:

 i

the interest of any children for whom the person is responsible;

 ii

whether the person has a likelihood of engaging in any unlawful activity;

 iii

risks of homelessness;

 iv

the health and safety of the person and the community;

 v

the responsibilities and circumstances of the person;

 vi

the person’s engagement in the community, including the person’s employment or efforts to obtain work; and

 b

any further criteria that the Minister determines, by legislative instrument, for the purposes of this subsection.

 3

Before the Minister makes a determination under paragraph (2)(b), the Minister must:

 a

consult with local communities and trial participants; and

 b

have regard to any feedback received as a result of those consultations.

 4

This section ceases to apply to a person if a health or community worker notifies the Secretary in writing that he or she has determined that it is necessary for a person to be a trial participant for medical or safety reasons.

 5

To avoid doubt, the fact that this section ceases to apply to a person following a notification under subsection (4) does not prevent that person from again applying to exit the trial of cashless welfare arrangements.