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Social Security Legislation Amendment Bill 2011

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2010-2011-2012

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

Social Security Legislation Amendment Bill 2011

 

 

(1)     Schedule 1, item 6, page 4 (line 4), before “The”, insert “(1)”.

[recognised State/Territory authorities]

(2)     Schedule 1, item 6, page 4 (after line 10), at the end of section 123TGAA, add:

Functions, powers or duties of officers or employees

             (2)  Before making a determination under subsection (1), the Minister must be satisfied that officers or employees of the department or part of the department, or of the body or agency, have functions, powers or duties in relation to the care, protection, welfare or safety of adults, children or families.

Appropriate review process

             (3)  Before making a determination under subsection (1), the Minister must be satisfied that there is an appropriate process for reviewing any decisions to give notices of the kind referred to in paragraph 123UFAA(1)(b) that could be made by officers or employees of the department or part of the department or of the body or agency if the Minister were to make the determination.

             (4)  In deciding whether the Minister is satisfied as mentioned in subsection (3), the Minister must have regard to the following:

                     (a)  the cost of the review process to applicants;

                     (b)  the timeliness of the review process;

                     (c)  whether the review process provides that applicants are entitled to be represented and heard;

                     (d)  the degree of independence of the review process;

                     (e)  whether the review process provides for the use of the services of an interpreter.

This subsection does not limit the matters to which the Minister may have regard to in deciding whether the Minister is satisfied as mentioned in subsection (3).

[recognised State/Territory authorities]