{"id":"F2016L01006","name":"Social Security Exempt Lump Sum (South Australian Stolen Generations Reparations Scheme) Determination 2016","slug":"social-security-exempt-lump-sum-south-australian-stolen-generations-reparations-scheme-determination","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":129665,"registerId":"commonwealth-F2016L01006-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary and Interpretation","content":"## Part 1 Preliminary and Interpretation\n\n1 Name of determination\n\nThis determination is the Social Security Exempt Lump Sum (South Australian Stolen Generations Reparations Scheme) Determination 2016.\n\n2 Commencement\n\nThis determination commences on the day after registration.\n\n3 Definitions\n\nIn this determination:\n\nSouth Australian Stolen Generations Reparations Scheme means a scheme operated by the South Australian Government to provide one-off ex gratia lump sum payments to Aboriginal persons who were removed from their parents or family as children before 31 December 1975 without a court order and whose usual place of residence when removed was South Australia or who were removed by South Australian authorities.\n\nreparation payment means a payment made by the South Australian Government in accordance with the South Australian Stolen Generations Reparations Scheme.\n\nPart 2 Exempt Lump Sums","sortOrder":0},{"sectionNumber":"4","sectionType":"division","heading":"If a person has received a reparation payment, then the amount is an exempt lump sum.","content":"### 4 If a person has received a reparation payment, then the amount is an exempt lump sum.","sortOrder":1}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument is narrowly focused and performs a single classificatory function: it declares reparation payments under the specified South Australian scheme to be an \"exempt lump sum\" (section 4). There is no text in the instrument indicating a change of scope from an earlier instrument or a broader remit; the determination does not expand eligibility, create new payments, or add procedural requirements (sections 2–4)."},"complexity_factors":["Very short instrument with a single operative clause (section 4).","Narrow scope limited to payments under a single South Australian scheme (section 3).","Relies on an external scheme operated by the South Australian Government; the instrument does not create or fund the scheme (section 3).","\"Exempt lump sum\" is not defined within this instrument, creating dependence on other legislation or administrative practice for practical effect (section 4).","No procedural, reporting or enforcement provisions are included, reducing internal complexity but increasing reliance on external administrative arrangements (sections 2–4)."],"plain_english_summary":"This determination declares one‑off ex gratia payments made under the South Australian Stolen Generations Reparations Scheme — for Aboriginal people removed from family before 31 December 1975 who were in or removed by South Australia — to be an \"exempt lump sum\". It takes effect the day after registration, does not create or fund the scheme, and leaves the practical consequences of that classification to other laws and administrative rules."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose: exempting a specific category of reparation payments from social security income testing. It has not expanded beyond the South Australian Stolen Generations Reparations Scheme."},"complexity_factors":["Only 4 sections total","2 defined terms (South Australian Stolen Generations Reparations Scheme, reparation payment)","No cross-references to other legislation","Single operative provision with straightforward conditional logic (if X, then Y)","No exceptions, exemptions, or nested conditions","Extremely narrow and specific scope"],"plain_english_summary":"This law ensures that **reparation payments made to Stolen Generations survivors in South Australia don't count as income** when Centrelink calculates their social security benefits.\n\n**What it does:**\n- **Exempts** (excludes from income tests) one-off lump sum payments made by the South Australian Government to Aboriginal people who were forcibly removed from their families as children before 1975\n- These payments are called \"ex gratia\" payments — meaning they're made voluntarily by the government as compensation, not because of a court order or legal obligation\n\n**Who it affects:**\n- Aboriginal people who received payments under South Australia's Stolen Generations Reparations Scheme\n- Anyone receiving Centrelink benefits (like the Age Pension, Disability Support Pension, or JobSeeker Payment) who also receives these reparation payments\n\n**Why it matters:**\nWithout this law, a reparation payment could reduce or cancel someone's Centrelink benefits because Centrelink normally counts lump sums as income or assets. This ensures survivors receive the full benefit of their reparation payment without being penalised by the social security system. It's a recognition that these payments are compensation for historical wrongs, not regular income."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-exempt-lump-sum-south-australian-stolen-generations-reparations-scheme-determination","history":"/api/acts/social-security-exempt-lump-sum-south-australian-stolen-generations-reparations-scheme-determination/history","analysis":"/api/acts/social-security-exempt-lump-sum-south-australian-stolen-generations-reparations-scheme-determination/analysis","conflicts":"/api/acts/social-security-exempt-lump-sum-south-australian-stolen-generations-reparations-scheme-determination/conflicts","importantCases":"/api/acts/social-security-exempt-lump-sum-south-australian-stolen-generations-reparations-scheme-determination/important-cases","documents":"/api/acts/social-security-exempt-lump-sum-south-australian-stolen-generations-reparations-scheme-determination/documents"}}