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Social Services and Other Legislation Amendment (2014 Budget Measures No. 2) Bill 2014

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2013-2014

 

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

 

SENATE

 

 

 

 

 

 

SOCIAL SERVICES AND OTHER LEGISLATION AMENDMENT

(2014 BUDGET MEASURES No. 2) BILL 2014

 

 

 

 

 

ADDENDUM TO THE EXPLANATORY MEMORANDUM

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Circulated by the authority of the

Minister for Social Services, the Hon Kevin Andrews MP)

 



SOCIAL SERVICES AND OTHER LEGISLATION AMENDMENT

(2014 BUDGET MEASURES No. 2) BILL 2014

 

 

This addendum adds information to the explanatory memorandum, as requested by the Senate Standing Committee for the Scrutiny of Bills in its Tenth Report of 2014, dated 27 August 2014 - pages 478 to 480 of the report refer.

 

Schedule 9 - Exclusion periods

Item 1 - New section 1157AB - Part 3.12B waiting period (page 37)

 

After the paragraph on page 37 that reads -

 

A person will not be subject to a Part 3.12B exclusion period if they are transferring from a social security pension or a social security benefit of a kind determined by the Minister in a legislative instrument to any of the payments to which new Part 3.12B applies where the conditions determined by the Minister in a legislative instrument are met.

 

Insert the following paragraphs -

 

Subsection 1157AB(3) provides flexibility for the Minister to determine, by legislative instrument, the conditions when a person transferring from another pension or benefit will not be subject to a Part 3.12B waiting period.

 

This provision will enable the Minister to determine that people who transfer from certain payments, under certain circumstances, are not subject to a Part 3.12B waiting period.  Giving the Minister the flexibility to determine these payments and circumstances in a legislative instrument will reduce the risk of the legislation unintentionally applying a Part 3.12B waiting period to people whose circumstances fall within the Government's exemptions policy.  This power could only be used in circumstances that are beneficial to a person, and any instrument made by the Minister would be subject to Parliamentary scrutiny and disallowance.

 

Schedule 9 - Exclusion periods

Item 1 - New section 1157AC - Duration of the waiting period (page 38)

 

After the last dot point on page 38, insert the following paragraphs -

 

The capacity to make a legislative instrument under subsection 1157AC(3) will allow the Minister to prescribe the specific formula for taking periods of gainful work into account, and also to ensure that certain activities, such as criminal activities, are not taken to be gainful work.  Using an instrument will allow the Minister to refine the policy to ensure that it is operating efficiently and fairly without having to amend the primary legislation.

 

Taking into account that any instrument made will be subject to the scrutiny of the Parliament, subsection 1157AC(3) is not considered to be an inappropriate delegation of power.

 

Schedule 9 - Exclusion periods

Item 1 - New section 1157AE - Extending Part 3.12B exclusion periods [etc.] (pages 40 and 41)

 

After the paragraph on page 41 that reads -

 

Subsection 1157AE(6) provides that the Minister may, by legislative instrument, determine a method for working out the number of weeks by which a person’s Part 3.12B waiting period may be extended and the number of weeks and commencement day of a Part 3.12B penalty period.  As an example, the Minister could determine that the extension of the Part 3.12B waiting period/penalty period is the period of weeks equal to the period of time by which the Part 3.12B waiting period was reduced under subsection 1157AC(3).  The Minister could also determine an additional period by which the person should be sanctioned for providing false or misleading information.

 

Insert the following paragraphs -

 

The capacity to make a legislative instrument under subsection 1157AE(4) will allow the Employment Minister to determine, by legislative instrument, the extension periods applying for failures to enter into employment pathway plans, and failures to comply with particular requirements in employment pathway plans.

 

The capacity to make a legislative instrument under subsection 1157AE(6) will allow the Minister to determine, by legislative instrument, a method for working out the number of weeks to extend a Part 3.12B waiting period, and a method for working out the duration and commencement day for a Part 3.12B penalty period, both imposed as consequences for the provision of false or misleading information.

 

Taking into account that any instrument made under either of these provisions will be subject to the scrutiny of Parliament, subsections 1157AE(4) and (6) are not considered to be an inappropriate delegation of power.