{"id":"F2022L00561","name":"Social Security (Streamlined Participation Requirements) Instrument 2022","slug":"social-security-streamlined-participation-requirements-instrument-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102391,"registerId":"commonwealth-F2022L00561-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Social Security (Streamlined Participation Requirements) Instrument 2022.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under the following:\n    (a) subsection 28(1) of the Social Security Act 1991;\n    (b) subsections 40K(2), 40X(4) and 42AC(3) of the Social Security (Administration) Act 1999.","sortOrder":2},{"sectionNumber":"Part 2","sectionType":"part","heading":"Approved programs of work for income support payment","content":"## Part 2—Approved programs of work for income support payment","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Approved programs of work for income support payment","content":"#### 5 Approved programs of work for income support payment\n\n  For the purposes of subsection 28(1) of the Social Security Act 1991, the following programs are declared to be approved programs of work for income support payment:\n    (a) Work for the Dole;\n    (b) Work Skills and Projects.","sortOrder":4},{"sectionNumber":"Part 3","sectionType":"part","heading":"Kinds of requirements that employment pathway plans must not contain","content":"## Part 3—Kinds of requirements that employment pathway plans must not contain","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Kinds of requirements that employment pathway plans must not contain","content":"#### 6 Kinds of requirements that employment pathway plans must not contain\n\n  For the purposes of subsection 40K(2) of the Social Security (Administration) Act 1999, the following kinds of requirements are declared:\n    (a) a requirement that a person:\n    (i) seek to be involved in, or be involved in, a criminal activity; or\n    (ii) undergo involuntary medical treatment; or\n    (iii) undergo involuntary psychiatric or psychological treatment; or\n    (iv) in relation to a person who resides in Australia—seek to be involved in, or undertake, an activity outside Australia; or\n    (v) seek work as a sex worker, or be involved in, the sex or adult entertainment industry;\n    (b) a requirement that a person seek to undertake, or undertake, an activity that would contravene:\n    (i) a law of the Commonwealth, a State or a Territory relating to discrimination against persons; or\n    (ii) a law of the Commonwealth, a State or a Territory relating to occupational health and safety;\n    (c) in relation to a person who has an illness, disability or injury that has been established by medical evidence—a requirement that the person seek to undertake, or undertake, an activity:\n    (i) that medical evidence indicates would aggravate the illness, disability or injury; or\n    (ii) in circumstances where appropriate support or facilities to manage or take account of the illness, disability or injury would not be available.","sortOrder":6},{"sectionNumber":"Part 4","sectionType":"part","heading":"Matters to be taken into account in working out whether particular paid work is unsuitable","content":"## Part 4—Matters to be taken into account in working out whether particular paid work is unsuitable","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Matters to be taken into account in working out whether particular paid work is unsuitable","content":"#### 7 Matters to be taken into account in working out whether particular paid work is unsuitable\n\n  (1) This section applies in relation to working out whether particular paid work is unsuitable to be done by a person who:\n    (a) has a partial capacity to work; or\n    (b) is the principal carer of one or more children (the person’s children).\n\n> Note: For the meaning of partial capacity to work, see section 16B of the Social Security Act 1991 and for the meaning of principal carer, see subsections 5(15) to (24) of that Act.\n\n  (2) For the purposes of subsection 40X(4) of the Social Security (Administration) Act 1999, the following matters are to be taken into account in working out whether particular paid work is unsuitable to be done by the person:\n    (a) whether the amount of time that would be needed for the person to travel from the person’s home to the place of work, or vice versa, would normally exceed 60 minutes;\n    (b) whether the person would be financially worse off as a result of undertaking the work, by comparison with not undertaking the work, because of the financial cost of travel that would be incurred by the person in undertaking the work;\n    (c) if paragraph (1)(b) applies—whether the person would be financially worse off, or only marginally better off, as a result of undertaking the work, by comparison with not undertaking the work, because of the financial cost to the person in providing appropriate care and supervision for the person’s children at the times when the person would be required to undertake the work.\n  (3) For the purposes of paragraph (2)(a), regard must be had to all forms of transport (whether public or private) that are available to, and accessible by, the person.","sortOrder":8}],"analysis":{"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":3,"scope_assessment":{"changed":false,"description":"The instrument remains tightly focused on its original purpose of streamlining and clarifying participation requirements for welfare recipients. The three Parts correspond directly to the three enabling provisions cited in section 3, with no significant expansion beyond the delegated authority granted by the parent Acts."},"complexity_factors":["Short length (7 substantive sections across 4 Parts)","Minimal cross-referencing (only references enabling provisions in parent Acts)","Straightforward structure with clear Part divisions matching distinct policy purposes","Simple declarative language ('the following programs are declared', 'the following kinds of requirements are declared')","Limited conditional logic (primarily in section 7(1) which establishes two categories of affected persons)","Only 2 defined terms referenced via notes (partial capacity to work, principal carer) rather than defined in the instrument itself","No nested exceptions or complex temporal provisions"],"plain_english_summary":"This instrument sets rules for Australia’s welfare-to-work system by naming approved programs (Work for the Dole; Work Skills and Projects), restricting what job agencies can require in employment pathway plans, and defining when a job is \"unsuitable\" for people with reduced capacity or primary carers.  \n\nIt protects income-support recipients from being forced into illegal, unsafe, medically coercive, or financially detrimental work and clarifies when travel or childcare costs make a job unreasonable."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument clarifies and limits participation requirements by declaring approved programs (s5), prohibiting specified plan requirements (s6), and specifying factors for unsuitability (s7). It does not, on its face, expand eligibility or create new types of income‑support obligations beyond the enabling provisions cited in s3; rather it operationalises aspects of the existing Acts and shifts assessment rules to the administering agency."},"complexity_factors":["Declaratory adjustments to participation rules are concentrated and narrow (declares approved programs — s5; lists prohibited requirements — s6; specifies unsuitability factors — s7).","Cross‑references to primary statutes require consult of multiple Acts (instrument made under authority in s3 citing Social Security Act 1991 and Social Security (Administration) Act 1999).","Definitions and eligibility depend on external terms (e.g. 'partial capacity to work' and 'principal carer' are defined in the Social Security Act; see note in s7(1)), increasing interpretive steps.","Numeric and qualitative thresholds create mixed‑mode assessments: bright‑line travel time limit (60 minutes in s7(2)(a)) alongside discretionary welfare/economic judgments (whether a person would be \"financially worse off\" or \"only marginally better off\" in s7(2)(b)–(c)).","Medical‑evidence gate for unsuitable activities (s6(c)) places evidentiary and administrative burden on claimants and decision makers.","Requirement to consider all transport modes (s7(3)) broadens factual enquiries officials must make about accessibility and available options.","Potential administrative discretion and compliance costs: the administering agency must apply the tests and document decisions, shifting assessment work onto officials and preserving enforcement duties (authority framework in s3)."],"plain_english_summary":"This instrument declares two approved work programs and prohibits specified requirements in employment pathway plans (for example, criminal activity, involuntary medical or psychiatric treatment, work outside Australia for residents, sex work, or requirements that breach discrimination or OHS laws). It also sets three tests for when particular paid work is unsuitable for people with partial capacity or principal carers: travel time, travel costs, and childcare costs. It affects income‑support recipients and the administering agency by limiting required activities and creating assessment rules that shift compliance and decision burden to officials."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-streamlined-participation-requirements-instrument-2022","history":"/api/acts/social-security-streamlined-participation-requirements-instrument-2022/history","analysis":"/api/acts/social-security-streamlined-participation-requirements-instrument-2022/analysis","conflicts":"/api/acts/social-security-streamlined-participation-requirements-instrument-2022/conflicts","importantCases":"/api/acts/social-security-streamlined-participation-requirements-instrument-2022/important-cases","documents":"/api/acts/social-security-streamlined-participation-requirements-instrument-2022/documents"}}