{"id":"F2016L01858","name":"Social Security (Class of Visas – Qualifying Residence Exemption) Determination 2016","slug":"social-security-class-of-visas-qualifying-residence-exemption-determination-2016","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":95514,"registerId":"commonwealth-F2016L01858-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Social Security (Class of Visas – Qualifying Residence Exemption) Determination 2016","content":"![](image.001.png)\n\nSocial Security (Class of Visas – Qualifying Residence Exemption) Determination 2016\n\nI, Christian Porter, Minister for Social Services, make the following determination.\n\nDated 25 November 2016\n\n………………………………………………………………….\n\nCHRISTIAN PORTER\n\nMinister for Social Services\n\n \n\n1 Name\n\nThis instrument is the Social Security (Class of Visas – Qualifying Residence Exemption) Determination 2016\n\n2 Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

1 January 2017.

\n```\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3 Authority\n\nThis instrument is made under paragraph 7(6AA)(f) of the Social Security Act 1991.\n\n4 Revocation\n\nThe following instrument is revoked:\n\nSocial Security (Class of Visas – Qualifying Residence Exemption) Determination 2015\n\n5 Class of Visas\n\nFor the purposes of paragraph 7(6AA)(f) of the Social Security Act 1991 the class of visas is Subclass 852 (Referred Stay (Permanent)).","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument performs exactly the narrow function intended by its enabling provision in the Social Security Act 1991: specifying visa classes exempt from qualifying residence requirements. It has not expanded beyond this purpose."},"complexity_factors":["Very short instrument (only 5 sections)","Single substantive provision (section 5) containing only one sentence","No defined terms section","No cross-references beyond the empowering provision (paragraph 7(6AA)(f) of the Social Security Act 1991)","Simple unconditional declaration with no exceptions or conditional logic","Standard commencement table format (boilerplate)"],"plain_english_summary":"This determination exempts holders of Subclass 852 (Referred Stay (Permanent)) visas from the usual qualifying residence waiting period for certain social security payments, letting them access support immediately. It targets people often released from immigration detention who arrive with little or no resources and complex needs. Made under the Social Security Act 1991, it replaces a 2015 determination and took effect on 1 January 2017."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"The instrument revokes the 2015 Determination (s 4) and expressly nominates Subclass 852 as the relevant visa class for the qualifying residence exemption (s 5). That replaces the prior instrument’s nominated class(es), so the set of visa-holders covered by the exemption is changed as a matter of instrument text. A full assessment of the practical scope change requires comparison with the revoked 2015 instrument."},"complexity_factors":["Very narrow, single-purpose instrument limited to naming a visa class (s 5).","Relies on a cross-reference to paragraph 7(6AA)(f) of the Social Security Act 1991 for legal effect (s 3).","Revokes an earlier instrument, so legal effect depends on difference from the revoked 2015 instrument (s 4).","Simple commencement mechanism with a fixed date (s 2).","Practical effect on entitlement depends on interpretation/application of the Social Security Act by the administering authority (implicit from cross-reference in s 3)."],"plain_english_summary":"This instrument, made by the Minister for Social Services under paragraph 7(6AA)(f) of the Social Security Act 1991, declares that Subclass 852 (Referred Stay (Permanent)) is the class of visas that qualifies for the qualifying residence exemption. It revokes the 2015 Determination and takes effect from 1 January 2017. It therefore changes how people holding a Subclass 852 visa are treated under the Act’s residence rules and may affect their eligibility for certain social security payments."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/social-security-class-of-visas-qualifying-residence-exemption-determination-2016","history":"/api/acts/social-security-class-of-visas-qualifying-residence-exemption-determination-2016/history","analysis":"/api/acts/social-security-class-of-visas-qualifying-residence-exemption-determination-2016/analysis","conflicts":"/api/acts/social-security-class-of-visas-qualifying-residence-exemption-determination-2016/conflicts","importantCases":"/api/acts/social-security-class-of-visas-qualifying-residence-exemption-determination-2016/important-cases","documents":"/api/acts/social-security-class-of-visas-qualifying-residence-exemption-determination-2016/documents"}}