Commonwealth Consolidated Acts Commonwealth Consolidated ActsThis Part has effect despite anything in:
(a) any other provision of this Act; or
(b) the 1991 Act; or
(c) the Family Assistance Act; or
(d) the Family Assistance Administration Act; or
(e) the Student Assistance Act 1973 ; or
(f) the Veterans' Entitlements Act.
Social Security (Administration) Act 1999
No. 191, 1999
Compilation No. 162
Compilation date: 14 October 2024
Includes amendments: Act No. 38, 2024
This compilation is in 2 volumes
Schedules
Endnotes
Each volume has its own contents
About this compilation
This compilation
This is a compilation of the Social Security (Administration) Act 1999 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date ).
The notes at the end of this compilation (the endnotes ) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self - repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 3C--Schooling requirements
Division 1--General
124 Scope
124A Enrolment and attendance at school
124B Schooling requirement child
124C Schooling requirement determination
124D Schooling requirement payments
124E Application to payments under the Veterans' Entitlements Act
Division 2--School enrolment
124F School enrolment--enrolment notices
124G School enrolment--condition of schooling requirement payments
124H School enrolment--suspension or cancellation for non - compliance with enrolment notice
124J School enrolment--when payments become payable after suspension
Division 3--School attendance notices
124K School attendance--attendance notices
124L School attendance--condition of schooling requirement payments
124M School attendance--suspension or cancellation for non - compliance with attendance notice
124N School attendance--when payments become payable after suspension
Division 3A--School attendance plans
124NA When this Division applies
124NB Conference notices
124NC School attendance plans
124ND Compliance notices
124NE School attendance--condition of schooling requirement payments
124NF School attendance--suspension or cancellation for non - compliance with compliance notice
124NG School attendance--when payments become payable after suspension
Division 4--Information about schooling
124P Schooling requirements--information about schooling
Division 5--General provisions
124PA Relationship between Divisions of this Part
Part 4--Internal review of decisions
Division 1--Effect of Part
124Q Application of Part to decisions under repealed laws
125 Decisions by officers under instruments
Division 2--Internal review
126 Review of decisions by Secretary
126A Review of determination of youth allowance rate in relation to maintenance income
127 Decisions that are not reviewable by the Secretary
128 Notice to ART Principal Registrar
129 Application for review
130 Withdrawal of application
131 Secretary may continue payment pending outcome of application for review
132 Guidelines for exercise of Secretary's power to continue payment
135 Review of decisions following application under section 129
136 Notice of decision on review
137 Certain decisions not to be revived
138 Notification of further rights of review
Division 2A--Internal review of certain Commissioner decisions relating to student start - up loans
138A Decisions reviewable under this Division
138B Commissioner must give reasons for reviewable decisions
138C Reviewer of decisions
138D Reviewer may reconsider reviewable decisions
138E Notice to ART Principal Registrar
138F Reconsideration of reviewable decisions on request
138G Withdrawal of request
138H ART review of reviewable decisions
138J Decision changed before ART review completed
Part 4A--Review by the ART
Division 1--Preliminary
139 Simplified outline of this Part
Division 2--ART review
Subdivision A--Preliminary
140 Application of Division
140A Definition of employment pathway plan decision
Subdivision B--ART review: applications
142 Reviewable decisions
142A Person who made the decision
142B Decision - maker taken to have elected not to participate in ART review proceeding
143 Application requirement--employment pathway plan decisions
144 Non - reviewable decisions
145 Secretary may continue payment pending outcome of application for review
146 Guidelines for exercise of Secretary's power to continue payment
Subdivision C--ART review: relationship with ART Act
147 Application and modification of ART Act
147A Operation and implementation of decision under ART review
147B Remitting decisions for reconsideration
147C Legal or financial assistance
Subdivision D--ART review: other matters
148 Procedure on receipt of application for certain ART reviews
165A ART's power to obtain information for ART review
166 Exercise by Secretary of powers under section 192
168 Hearing of certain ART reviews in private
176 Costs of review
177 Assessment of rate of social security payment
181 Settlement of proceedings before the ART
182 Variation or substitution of decision before ART review determined
183 Secretary or ART may treat event as having occurred
Part 5--Information management
Division 1--Information gathering
191 Application of Division
191A Reasonable belief needed to require information or documents
192 General power to obtain information
193 Power to obtain information from a person who owes a debt to the Commonwealth
194 Obtaining information about a person who owes a debt to the Commonwealth
195 Obtaining information to verify claims etc.
196 Written notice of requirement
197 Offence--failure to comply with requirement
197A Self - incrimination
197B Use of information in investigations etc.
198 Relationship with other laws
Division 2--End - of - employment statements
199 Request for end - of - employment statement
200 Offence--failure to give end - of - employment statement
Division 3--Confidentiality
201 Operation of Division
201A Definitions
202 Permitted obtaining of, making a record of, disclosure of or use of protected information
202A Obtaining of, making a record of, disclosure of or use of protected information relating to taxation information
203 Offence--unauthorised obtaining of protected information
204 Offence--unauthorised making a record of, disclosure of or use of protected information
204A Use of tax file numbers
205 Offence--soliciting disclosure of protected information
206 Offence--offering to supply protected information
207 Protection of certain documents etc. from production to court etc.
208 Disclosure of information by Secretary
209 Guidelines for exercise of Secretary's disclosure powers
210 Officer's declaration
Part 6--Offences
Division 1--Preliminary
211 Application of Part
Division 2--Offences
212 False statement in connection with claim or hardship request
213 False statement to deceive or affect rates
214 False statement or document
215 Obtaining payment that is not payable
216 Payment obtained through fraud etc.
Division 3--Penalties
217 Penalty for contravention of Division 2
218 Repayment of social security payment
219 Penalty where person convicted of more than one offence
Division 4--Procedural matters
220 Joining of charges
221 Particulars of each offence
222 Trial of joined charges
223 Evidentiary effect of Secretary's certificate
224 Enforcement of court certificate as judgment
Division 5--Liability of certain employers and principals for offences
Subdivision A--Interpretation
225 State of mind of a person
228 Offence
Subdivision C--Proceedings against non - corporations
231 State of mind of individual
232 Conduct of employee or agent
233 Exclusion of imprisonment as penalty for certain offences
Part 7--Miscellaneous
234 Delegation
235 Authorised review officers
236 Decisions to be in writing
237 Notice of decisions
238 Payments to Commissioner of Taxation or the Child Support Registrar
239 Judicial notice of certain matters
240 Documentary evidence
240A Form of cards
240B Restrictions on listing of dependants
240C Issue of replacement card on expiry of certain concession cards
241 Annual report
242 Appropriation
243 Regulations
243AA Review by Parliamentary Joint Committee on Human Rights
243A Review of operation of Youth Jobs PaTH program
243B Review by Senate Committee
Part 8--Transitional and saving provisions
244 Construction of references to 1991 Act
245 Correspondence of provisions
246 Saving of social security payments and concession cards
247 Saving of instruments under 1991 Act
248 Saving of claims for social security payments and concession cards
249 Transitional instalment period
250 Application for amount owing at recipient's death
251 Power to obtain information about events etc. before 20 March 2000
252 Unfinished reviews by Secretary
255 Saving of steps in review process
256 Entitlements and liabilities
257 Transitional regulations
Schedule 1--Dictionary
Schedule 2--Rules for working out start day
Part 1--Introductory
2 Different start days under Parts 2 and 3
Part 2--General rules
3 Start day--general rule
4 Start day--early claim
4A Start day for jobseeker payment and youth allowance if claimant required to attend interview
5 Effect of exclusion period
5A Start day for parenting payment if one member of a couple fails to comply with certain participation payment obligations
6 Saving
Part 3--Backdated start day
Division 1--Explanatory
7 Explanation of Part
Division 2--Rules applying to all or most social security payments
8 Claim made soon after partner's claim
9 Claim by transferee
10 Claim soon after childbirth
11 Incapacitated claimant
12 Claim after death of partner
13 Claim for social security payment following claim for AGDRP
Division 3--Rules applying to particular social security payments
15 Certain persons subject to cancellation of austudy payment, jobseeker payment, youth allowance or special benefit
15A Carer payment claimed on or after 1 July 2009 and before 1 October 2009
18 Double orphan pension
19 Double orphan pension--claim following death of former recipient
28 Jobseeker payment--claimant for disability support pension
29 Parenting payment
30 Pensioner education supplement
31 Pensioner education supplement: claim before 1 April
32 Pensioner education supplement: claim before 1 August
34 Youth allowance: incapacitated claimant
35 Youth allowance--claimant for disability support pension
36 Youth allowance--initial claim for family tax benefit
Division 4--Rules applying to health care cards
37 Health care cards, other than automatic issue health care cards
Schedule 5--Provisions relating to the Chief Executive Centrelink etc.
1 References to the Secretary and the Department--requirements etc. by delegate
2 References to the Secretary and the Department--directions by Secretary
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
