{"id":"F2005L00266","name":"Social Security (Class of Visas—Newly Arrived Resident's Waiting Period for Special Benefit) Determination 2005","slug":"social-security-class-of-visas-newly-arrived-resident-s-waiting-period-for-special-benefit-determina","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":33854,"registerId":"commonwealth-F2005L00266-current","compilationNumber":null,"startDate":"2026-04-01","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Social Security (Class of Visas—Newly Arrived Resident's Waiting Period for Special Benefit) Determination 2005","content":"![](image.001.png)\n\nSocial Security (Class of Visas—Newly Arrived Resident’s Waiting Period for Special Benefit) Determination 2005\n\nI, KAY CHRISTINE LESLEY PATTERSON, Minister for Family and Community Services, make this Determination under subsection 739A(6) of the Social Security Act 1991.\n\nDated 25 January 2005.\n\nKAY PATTERSON\n\nMinister for Family and Community Services\n\nName of determination\n\n1. This Determination is the Social Security (Class of Visas—Newly Arrived Resident’s Waiting Period for Special Benefit) Determination 2005.\n\nCommencement\n\n2. This Determination commences on the day following registration on the Federal Register of Legislative Instruments.\n\nClass of visas\n\n3. For the purposes of subsection 739A(6) of the Social Security Act 1991 a class of visas are:\n\n(i) subclass 787 (Witness Protection (Trafficking) (Temporary)); or\n\n(ii) subclass 852 (Witness Protection (Trafficking) (Permanent));\n\nprovided the person who holds the visa was a former holder of a criminal justice stay visa issued under subsection 155(2) of the Migration Act 1958 granted for the purpose of assisting in the administration of criminal justice in relation to the offence of people trafficking, sexual servitude or deceptive recruiting.","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-batch","completionTokens":2874},"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The Determination operates precisely within the scope of subsection 739A(6) of the Social Security Act 1991, which authorises the Minister to specify classes of visas for the purposes of the newly arrived resident's waiting period. It does not expand beyond this specific administrative function of defining visa categories."},"complexity_factors":["Extremely short instrument (only 3 operative sections)","References to specific Migration Act 1958 visa subclasses require external legislative knowledge","Single conditional limitation restricting application to former holders of criminal justice stay visas","No definitions or interpretation section"],"plain_english_summary":"**What this does**\n\nThis Determination specifies which visa holders must serve the \"newly arrived resident's waiting period\" before claiming Special Benefit (a welfare payment for people in severe financial hardship).\n\n**Who it affects**\n\nThis applies to people who hold:\n- Subclass 787 (Witness Protection (Trafficking) Temporary visa), or  \n- Subclass 852 (Witness Protection (Trafficking) Permanent visa)\n\n**Important condition:** It only applies if the person previously held a \"criminal justice stay visa\" to help police or courts investigate human trafficking, sexual servitude, or deceptive recruiting crimes.\n\n**Why it matters**\n\nNewly arrived residents usually must wait (typically 4 years) before getting Special Benefit. This rule confirms that people on these specific witness protection visas—who assisted with serious criminal cases—are **not exempt** from that waiting period. They must wait like other new residents, even though they are in witness protection."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-class-of-visas-newly-arrived-resident-s-waiting-period-for-special-benefit-determina","history":"/api/acts/social-security-class-of-visas-newly-arrived-resident-s-waiting-period-for-special-benefit-determina/history","analysis":"/api/acts/social-security-class-of-visas-newly-arrived-resident-s-waiting-period-for-special-benefit-determina/analysis","conflicts":"/api/acts/social-security-class-of-visas-newly-arrived-resident-s-waiting-period-for-special-benefit-determina/conflicts","importantCases":"/api/acts/social-security-class-of-visas-newly-arrived-resident-s-waiting-period-for-special-benefit-determina/important-cases","documents":"/api/acts/social-security-class-of-visas-newly-arrived-resident-s-waiting-period-for-special-benefit-determina/documents"}}