{"id":"F2017L00543","name":"Social Security (Exempt Lump Sum – NSW Government Payments to Stolen Generations Survivors) Determination 2017","slug":"social-security-exempt-lump-sum-nsw-government-payments-to-stolen-generations-survivors-determinatio","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":96323,"registerId":"commonwealth-F2017L00543-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"part","heading":"Name","content":"## 1 Name\n\nThis instrument is the Social Security (Exempt Lump Sum – NSW Government Payments to Stolen Generations Survivors) Determination 2017.","sortOrder":0},{"sectionNumber":"2","sectionType":"part","heading":"Commencement","content":"## 2 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

The day after this instrument is registered on the Federal Register of Legislation.

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made.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.","sortOrder":1},{"sectionNumber":"3","sectionType":"part","heading":"Authority","content":"## 3 Authority\n\nThis instrument is made under paragraph 8(11)(d) of the Social Security Act 1991.","sortOrder":2},{"sectionNumber":"4","sectionType":"part","heading":"Definitions","content":"## 4 Definitions\n\nIn this instrument:\n\nAct means the Social Security Act 1991.\n\nNSW Stolen Generations Reparations Scheme means a scheme operated by the NSW Department of Education to provide a one-off ex gratia lump sum payment of up to $75,000, paid by the NSW Department of Education to Stolen Generations survivors found to have been removed by, committed to, or otherwise come into the care of the Aborigines Protection Board or Aborigines Welfare Board up until the Aborigines Protection Act 1909 was repealed on 20 March 1969.\n\nStolen Generations Funeral Assistance Fund means a fund to provide a one-off lump sum payment of $7,000 made by the NSW Department of Education to contribute to funeral costs for Stolen Generations survivors found to have been removed by, committed to, or otherwise under the care of the Aborigines Protection Board or the Aborigines Welfare Board up until the Aborigines Protection Act 1909 was repealed on 20 March 1969, or otherwise deemed eligible under the Stolen Generations Reparations Scheme.\n\nAboriginal Trust Fund Repayment Scheme means an ex gratia repayment of $11,000 made by the NSW Department of Education on a case by case basis as part of the residual management of this Scheme to eligible claimants who did not receive a repayment when the Scheme was operational during the period 2005 to 2011.","sortOrder":3},{"sectionNumber":"5","sectionType":"part","heading":"Exempt lump sum","content":"## 5 Exempt lump sum\n\nFor the purposes of paragraph 8(11)(d) of the Act, the gross amount of a payment made under the Stolen Generations Reparations Scheme, the Stolen Generations Funeral Assistance Fund or the Aboriginal Trust Fund Repayment Scheme is an exempt lump sum.","sortOrder":4}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument does not broaden or narrow the listed NSW schemes; it only specifies that those defined payments are to be treated as exempt lump sums for the Social Security Act 1991. It does not alter NSW scheme eligibility or payment amounts and operates solely to change Commonwealth treatment of those payments (s.3–5)."},"complexity_factors":["Narrow, focused subject matter restricted to three named NSW payment streams (definitions in s.4).","Single, simple legal effect: each listed payment is treated as an 'exempt lump sum' (s.5).","Dependence on an external statutory term and authority: instrument is made under paragraph 8(11)(d) of the Social Security Act 1991, so interpretation relies on that Act's meaning of 'exempt lump sum' (s.3, s.5).","Operational reliance on NSW Department of Education determinations about who receives payments — the instrument does not redefine eligibility or payment amounts (s.4).","Implementation requirement for Commonwealth social security decision‑makers to apply the exemption when assessing entitlements (implicit effect of s.5), though the instrument creates no new applicant obligations.","Low drafting complexity but a practical dependency on inter‑jurisdictional coordination (NSW payments and Commonwealth social security administration)."],"plain_english_summary":"This instrument declares certain one‑off payments made by the NSW Department of Education to Stolen Generations survivors — payments under the NSW Stolen Generations Reparations Scheme, the Stolen Generations Funeral Assistance Fund, and the Aboriginal Trust Fund Repayment Scheme — to be “exempt lump sums” for the Social Security Act 1991 (s.4–5). It is made under paragraph 8(11)(d) of the Act (s.3) and therefore changes how those NSW payments are treated for social security assessment purposes."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose. It was designed specifically to exempt three named NSW reparations schemes from social security means testing, and it does exactly that without expansion into broader areas."},"complexity_factors":["Only 5 short sections total","4 defined terms, all straightforward descriptive definitions","Single operative provision (section 5) with no conditions or exceptions","No cross-references beyond the enabling provision (Social Security Act 1991, paragraph 8(11)(d))","No nested logic or temporal limitations","Purpose-built instrument with narrow, specific scope"],"plain_english_summary":"This law ensures three specified NSW payments to Stolen Generations survivors are ignored for Centrelink income and assets tests. It protects lump-sum reparations, funeral assistance, and trust repayments paid to Aboriginal and Torres Strait Islander people removed from their families as children.\n\nBy exempting these payments, survivors won’t lose or have reduced pensions or allowances — letting the compensation serve its intended purpose."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-exempt-lump-sum-nsw-government-payments-to-stolen-generations-survivors-determinatio","history":"/api/acts/social-security-exempt-lump-sum-nsw-government-payments-to-stolen-generations-survivors-determinatio/history","analysis":"/api/acts/social-security-exempt-lump-sum-nsw-government-payments-to-stolen-generations-survivors-determinatio/analysis","conflicts":"/api/acts/social-security-exempt-lump-sum-nsw-government-payments-to-stolen-generations-survivors-determinatio/conflicts","importantCases":"/api/acts/social-security-exempt-lump-sum-nsw-government-payments-to-stolen-generations-survivors-determinatio/important-cases","documents":"/api/acts/social-security-exempt-lump-sum-nsw-government-payments-to-stolen-generations-survivors-determinatio/documents"}}