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Social Security Amendment (2007 Measures No. 2) Bill 2007

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5394

 

2004-2005-2006-2007

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

Social Security Amendment (2007 Measures No. 2) Bill 2007

 

(1)     That the House of Representatives be requested to make the following amendment:

Schedule 1, page 3 (before line 5), before item 1, insert:

1A  Subsection 5(18) (and the heading)

Repeal the heading and the subsection, substitute:

Principal carer—a child may have more than one principal carer

           (18)  If:

                     (a)  a court orders that more than one parent is to have a significant proportion of responsibility for the care of a child; and

                     (b)  the difference in percentage of responsibility for the care of a child between the two parents is 12% or less;

both parents must be treated for all purposes of this Act as a principal carer for the child.

1B  After subsection 5(19)

Insert:

        (19A)  Notwithstanding subsection (19), if a court orders that more than one parent has a significant proportion of responsibility for the care of a child and the difference in percentage of responsibility for the care of a child between the two parents is 12% or less, the Secretary must make a determination that each parent the subject of the court order is the principal carer of the child.

[where court orders-both parents equal principal carer]

(2)     Schedule 1, items 2 to 4, page 3 (lines 22 to 28), TO BE OPPOSED .

[Minister making guidelines by legislative instrument]

(3)     Schedule 1, item 7, page 4 (line 11), after “ family law order ”, insert “ or care arrangement ”.

[definition of family law order]

 

(4)     Schedule 1, item 7, page 4 (after line 19), at the end of the definition of family law order , add:

                     (e)  a parenting plan within the meaning of 63C of the Family Law Act 1975 ; or

                      (f)  any other formal or informal care arrangement.

[definition of family law order]

(5)     Schedule 1, item 8, page 4 (lines 20 to 29), TO BE OPPOSED .

[Minister making guidelines by legislative instrument]

(6)     Schedule 1, item 10, page 4 (lines 32) to page 5 (line 9), TO BE OPPOSED .

[Minister making guidelines by legislative instrument]

(7)     Schedule 1, item 15, page 5 (line 20), after “family law order”, insert “or care arrangement”.

[definition of family law order]

(8)     Schedule 1, item 16, page 5 (line 25), after “family law order”, insert “or care arrangement”.

[definition of family law order]

(9)     Schedule 1, items 17 and 18, page 5 (line 27) to page 6 (line 20), TO BE OPPOSED .

[Minister making guidelines by legislative instrument]

(10)   Schedule 1, item 20, page 6 (line 25), after “ family law order ”, insert “ or care arrangement ”.

[definition of family law order]

(11)   Schedule 1, item 21, page 6 (line 30), after “ family law order ”, insert “ or care arrangement ”.

[definition of family law order]

(12)   Schedule 1, item 23, page 7 (line 4), after “family law order”, insert “or care arrangement”.

[definition of family law order]

(13)   Schedule 1, item 24, page 7 (line 9), after “ family law order ”, insert “ or care arrangement ”.

[definition of family law order]

(14)   Schedule 1, item 25, page 7 (lines 11 to 22), TO BE OPPOSED .

[Minister making guidelines by legislative instrument]

(15)   Schedule 1, item 31, page 8 (line 5), after “family law order”, insert “or care arrangement”.

[definition of family law order]

(16)   Schedule 1, item 32, page 8 (line 10), after “ family law order ”, insert “ or care arrangement ”.

[definition of family law order]

(17)   Schedule 1, item 33, page 8 (lines 12 to 23), TO BE OPPOSED .

[Minister making guidelines by legislative instrument]

(18)   Schedule 1, items 37 to 46, page 8 (line 30) to page 9 (line 21), TO BE OPPOSED .

[impairment tables]

(19)   Schedule 1, item 47, page 10 (lines 11 to 17), omit all the words from and including “That day” to and including “new payment”.

[13 week limitation]

 

5394-EM

 

 

 

Social Security Amendment (2007 Measures No. 2) Bill 2007

 

 

 

(Request to be moved by Senator Siewert on behalf of the Australian Greens in committee of the whole)

 

 

Statement pursuant to the order of

the Senate of 26 June 2000

 

 

 

 



The effect of the amendment would be to allow an increase in the number of claimants eligible to be the principal carer of a child and therefore eligible to receive payments for the care of a child.  These payments would be met from the appropriation from the Consolidated Revenue Fund under the Social Security (Administration) Act 1999 .

 

This increase in the number of claimants eligible to receive payments would have the effect of increasing expenditure from the standing appropriation, and the amendments are therefore presented as requests.

 

 

 

 

Statement by the Clerk of the Senate pursuant

to the order of the Senate of 26 June 2000

 

 

 



The Senate has long accepted that an amendment should take the form of a request if it would have the effect of increasing expenditure under a standing appropriation. This request is therefore in accordance with the precedents of the Senate.