Commonwealth Consolidated Acts Commonwealth Consolidated ActsPart 1 -- Amendments commencing on 1 July 2006
1 Subsection 5(1)
Insert:
"principal carer" , of a child, has the meaning given by subsections ( 15) to (24).
2 At the end of subsection 5(2)
Add:
Note: For paragraph ( a), see also subsection ( 16).
3 At the end of section 5
Add:
Principal carer
(15) A person is the principal carer of a child if:
(a) the child is a dependent child of the person; and
(b) the child has not turned 16.
Note: The definition of dependent child in subsection ( 2) requires:
(a) the adult to be legally responsible (whether alone or jointly with another person) for the day - to - day care, welfare and development of the child: subsection ( 16) deals with the circumstances in which a step - parent is taken to have such legal responsibility; and
(b) a child to be in an adult's care: subsection ( 17) deals with the circumstances in which a child is taken to remain in an adult's care.
(16) For the purpose of determining whether a person is the principal carer of a child, the person is taken to be legally responsible (whether alone or jointly with another person) for the day - to - day care, welfare and development of the child if:
(a) the person is the step - parent of the child; and
(b) the person is living with the child and a parent of the child; and
(c) the person and the parent are members of the same couple.
This subsection does not, by implication, affect the determination of whether a person is taken to be legally responsible (whether alone or jointly with another person) for the day - to - day care, welfare and development of a child in cases to which this subsection does not apply.
(17) For the purpose of determining whether a person is the principal carer of a child, the child is taken to remain in the person's care if:
(a) at the start of a period not exceeding 8 weeks, the child leaves the person's care; and
(b) throughout the period, the child is the dependent child of another person; and
(c) the child returns, or the Secretary is satisfied that the child will return, to the first person's care at the end of the period.
This subsection does not, by implication, affect the determination of whether a child is in the care of a person in cases to which this subsection does not apply (for example, if the period exceeds 8 weeks).
(18) Only one person at a time can be the principal carer of a particular child.
(19) If the Secretary is satisfied that, but for subsection ( 18), 2 or more persons ( adults ) would be principal carers of the same child, the Secretary must:
(a) make a written determination specifying one of the adults as the principal carer of the child; and
(b) give a copy of the determination to each adult.
(20) The Secretary may make the determination even if all the adults have not claimed a social security payment that is based on, or would be affected by, the adult being the principal carer of the child.
(21) If a child:
(a) leaves Australia temporarily; and
(b) continues to be absent from Australia for more than 13 weeks;
a person cannot be the principal carer of the child at any time after the 13 weeks while the child remains absent from Australia unless, at that time:
(c) the child is in the company of a person to whom Division 2 of Part 4.2 applies; and
(d) but for this subsection, the person would be the principal carer of the child; and
(e) the person's portability period (within the meaning of that Division) for a social security payment:
(i) that the person was receiving immediately before the person's absence from Australia; or
(ii) the person's claim for which was granted during the absence;
has not ended.
(22) For the purposes of subsection ( 21), in determining if an absence is temporary, regard must be had to the following factors:
(a) the purpose of the absence;
(b) the intended duration of the absence;
(c) the frequency of such absences.
(23) If a child:
(a) is born outside Australia; and
(b) continues to be absent from Australia for a period of more than 13 weeks immediately following the child's birth;
a person cannot be the principal carer of the child at any time after the 13 weeks while the child remains absent from Australia unless, at that time:
(c) the child is in the company of a person to whom Division 2 of Part 4.2 applies; and
(d) but for this subsection, the person would be the principal carer of the child; and
(e) the person's portability period (within the meaning of that Division) for a social security payment:
(i) that the person was receiving immediately before the person's absence from Australia; or
(ii) the person's claim for which was granted during the absence;
has not ended.
(24) If:
(a) a person is not the principal carer of a child because of subsection ( 21) (absence from Australia) or (23) (birth outside Australia), or because of a previous application of this subsection; and
(b) the child comes to Australia; and
(c) the child leaves Australia less than 13 weeks later;
a person cannot be the principal carer of the child when the child leaves Australia as mentioned in paragraph ( c).
4 After section 5A
Insert:
5B Registered and active foster carers
(1) A person is a registered and active foster carer if the Secretary is satisfied that:
(a) the person meets the requirements (if any) of the law of the State or Territory in which the person resides that the person must meet in order to be permitted, under the law of that State or Territory, to provide foster care in that State or Territory; and
(b) the person is taken, in accordance with guidelines made under subsection ( 2), to be actively involved in providing foster care in that State or Territory.
(2) The Secretary may, by legislative instrument, make guidelines setting out the circumstances in which persons are taken, for the purposes of the social security law, to be actively involved in providing foster care in that State or Territory.
A person is a home educator of a child if the Secretary is satisfied that:
(a) the child is receiving, in the person's home, education that wholly or substantially replaces the education that the child would otherwise receive by attending a school; and
(b) the person meets the requirements (if any) of the law of the State or Territory in which the person resides that the person must meet in order to be permitted, under the law of that State or Territory, to provide that education to the child; and
(c) the person is suitably involved in providing and supervising that education.
A person is a distance educator of a child if the Secretary is satisfied that:
(a) the child is enrolled to receive education by undertaking a distance education curriculum; and
(b) the child is undertaking that curriculum; and
(c) the person is suitably involved in assisting and supervising the child in relation to that curriculum.
5 Subsection 7(7)
Omit "subparagraph 593(1)(g)(ii)", substitute "subparagraphs 593(1)(g)(ii) and 593(1D)(b)(ii)".
6 After section 16A
Insert:
(1) A person has a partial capacity to work if:
(a) the person has a physical, intellectual or psychiatric impairment; and
(b) the Secretary is satisfied that:
(i) the impairment of itself prevents the person from doing 30 hours per week of work independently of a program of support within the next 2 years; and
(ii) no training activity is likely (because of the impairment) to enable the person to do 30 hours per week of work independently of a program of support within the next 2 years.
(2) A person is treated as doing work independently of a program of support if the Secretary is satisfied that to do the work the person:
(a) is unlikely to need a program of support that:
(i) is designed to assist the person to prepare for, find or maintain work; and
(ii) is funded (wholly or partly) by the Commonwealth or is of a type that the Secretary considers is similar to a program of support that is funded (wholly or partly) by the Commonwealth; or
(b) is likely to need such a program of support provided occasionally; or
(c) is likely to need such a program of support that is not ongoing.
(3) In deciding whether he or she is satisfied as mentioned in paragraph ( 1)(b), the Secretary is to have regard to the guidelines (if any) determined and in force under subsection ( 4).
(4) The Secretary may, by legislative instrument, determine guidelines to be complied with in deciding whether he or she is satisfied as mentioned in paragraph ( 1)(b).
(5) In this section:
"30 hours per week" of work means work:
(a) that is for at least 30 hours per week on wages that are at or above the relevant minimum wage; and
(b) that exists in Australia, even if not within the person's locally accessible labour market.
"training activity" means one or more of the following activities, whether or not the activity is designed specifically for people with physical, intellectual or psychiatric impairments:
(a) education;
(b) pre - vocational training;
(c) vocational training;
(d) vocational rehabilitation;
(e) work - related training (including on - the - job training).
7 Subsection 23(1) (before paragraph ( a) of the definition of approved program of work supplement )
Insert:
(aa) an amount under section 118 to a person receiving disability support pension; or
8 Subsection 23(1)
Insert:
"austudy participation failure" has the meaning given by section 576.
9 Subsection 23(1) (definition of CSP )
Repeal the definition.
10 Subsection 23(1)
Insert:
"distance educator" has the meaning given by section 5D.
11 Subsection 23(1)
Insert:
"home educator" has the meaning given by section 5C.
12 Subsection 23(1)
Insert:
"newstart participation failure" has the meaning given by section 624.
13 Subsection 23(1)
Insert:
"Parenting Payment Activity Agreement" has the meaning given by subsection 501(6).
14 Subsection 23(1)
Insert:
"parenting payment participation failure" has the meaning given by section 500ZA.
15 Subsection 23(1)
Insert:
"partial capacity to work" has the meaning given by section 16B.
16 Subsection 23(1)
Insert:
"participation failure instalment period" :
(a) in relation to the payability of parenting payment--has the meaning given by subsection 500ZB(3); and
(b) in relation to the payability of youth allowance--has the meaning given by subsection 550B(3); and
(c) in relation to the payability of austudy payment--has the meaning given by subsection 576A(3); and
(d) in relation to the payability of newstart allowance--has the meaning given by subsection 626(3); and
(e) in relation to the payability of special benefit--has the meaning given by subsection 742(3).
17 Subsection 23(1)
Insert:
"registered and active foster carer" has the meaning given by section 5B.
18 Subsection 23(1)
Insert:
"Reserves" means:
(a) the Naval Reserve; or
(b) the Army Reserve; or
(c) the Air Force Reserve.
19 Subsection 23(1) ( paragraph ( e) of the definition of social security entitlement )
Repeal the paragraph, substitute:
(e) a parenting payment; or
20 Subsection 23(1)
Insert:
"special benefit participation failure" has the meaning given by section 740.
21 Subsection 23(1)
Insert:
"subject to participation requirements" : a person is subject to participation requirements if, because of paragraph 500(1)(c) or 500F(1)(f) or (2)(f), the person cannot be qualified for parenting payment unless the person meets any participation requirements that apply to the person under section 500A.
Note: Subsection 500F(4) limits the circumstances in which paragraph 500F(1)(f) or (2)(f) applies.
22 Subsection 23(1)
Insert:
"transitional DSP applicant" means a person:
(a) who made a claim for a disability support pension on or after 11 May 2005 and before 1 July 2006; and
(b) to whom, on or after 1 July 2006, a notice under subsection 63(2) or 64(2) of the Administration Act is given; and
(c) who is required under the notice to undertake a specified activity for the purpose of reviewing his or her capacity to perform work.
23 Subsection 23(1)
Insert:
"youth allowance participation failure" has the meaning given by section 550.
24 Paragraphs 28(2)(a) and (b)
After "under 21", insert "and subsection ( 4) does not apply to them".
25 At the end of subsection 28(2)
Add:
; and (c) if subsection ( 4) applies to the persons--more than 50 hours for each fortnight of their respective participation in the program.
26 At the end of section 28
Add:
(4) This subsection applies to a person if:
(a) the person is under 60; and
(b) the Secretary determines that the person is a person to whom this subsection applies.
(5) The Secretary may determine either one or both of the following by legislative instrument:
(a) matters that the Secretary is to take into account in making a determination under paragraph ( 4)(b);
(b) matters that the Secretary is not to take into account in making a determination under paragraph ( 4)(b).
(6) A determination under subsection ( 5) does not, to the extent that it is a determination under paragraph ( 5)(a), limit the matters that the Secretary may take into account in making a determination under paragraph ( 4)(b).
Part 2 -- Amendments commencing on 20 September 2006
27 Subsection 16A(1) (after paragraph ( a) of the definition of seasonal work )
Insert:
(aa) work:
(i) that is intermittent; and
(ii) that is to be performed for a period of less than 12 months; and
(iii) that is to be performed for a specified period or a period that can reasonably be calculated by reference to the completion of a specified task; and
(iv) for which the person performing the work does not accrue leave entitlements; or
28 After subsection 16A(1)
Insert:
(1A) Paragraph ( aa) of the definition of seasonal work in subsection ( 1) does not apply to a person undertaking seasonal work if the person was receiving income support payments (whether or not the kind of payment received has changed over the period and whether any part of it occurred before or after the commencement of this section) in respect of a continuous period exceeding 12 months immediately before the person commenced the seasonal work.
29 Paragraph 16A(3)(b)
Omit "or special benefit", substitute ", special benefit, parenting payment, disability support pension, sickness allowance, carer payment or austudy payment".
30 Paragraph 16A(4)(b)
Omit "or special benefit", substitute ", special benefit, disability support pension, sickness allowance, carer payment or austudy payment".
31 Subsection 19C(2)
After "special benefit", insert ", disability support pension, carer payment".
32 Subsection 19C(2)
After "payment, benefit", insert ", pension".
33 Subsection 19C(3)
After "special benefit", insert ", disability support pension, carer payment".
34 Subsection 19C(3)
After "payment, benefit", insert ", pension".
35 Before paragraph 19C(8)(a)
Insert:
(aa) in relation to disability support pension--means the rate worked out at:
(i) Step 4 of the Method statement in Module A of Pension Rate Calculator A; or
(ii) Step 5 of the Method statement in Module A of Pension Rate Calculator D; or
(ab) in relation to carer payment--means the rate worked out at Step 4 of the Method statement in Module A of Pension Rate Calculator A; or
36 Subsection 23(1) (definition of income maintenance period )
After "has the meaning given in points", insert "1064 - F4 and 1064 - F5, 1066A - G4 and 1066A - G5,".
37 Subsection 23(1)
Insert:
"Australian Fair Pay and Conditions Standard" has the same meaning as it has in the Workplace Relations Act 1996 .