{"id":"F2019L00116","name":"Social Security (Waiver of Debts – Refugees) Specification 2019","slug":"social-security-waiver-of-debts-refugees-specification-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439919,"registerId":"F2019L00116-fast-fetch-1775955756803","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Social Security (Waiver of Debts – Refugees) Specification 2019","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nSocial Security (Waiver of Debts - Refugees) Specification 2019\n\nI, Paul Fletcher, Minister for Families and Social Services, make the following Specification.\n\nDated 2 February 2019\n\nPaul Fletcher\n\nMinister for Families and Social Services\n\n \n\n \n\n \n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Definitions\n\n5 Specification of class of debts\n\n \n\n \n\n \n\n1  Name\n\n  This instrument is the Social Security (Waiver of Debts – Refugees) Specification 2019.\n\n2  Commencement\n\n  This instrument commences on the day after the end of the period for disallowing it.\n\nNote:   For that period, see section 42 of the Legislation Act 2003.\n\n3  Authority\n\n  This instrument is made under subsection 1237AB (1) of the Social Security Act 1991.\n\n4  Definitions\n\n  In this instrument:\n\nAct means the Social Security Act 1991.\n\n5  Specification of class of debts\n\n For subsection 1237AB (1) of the Act, a debt in the following class of debts is specified:\n\n1.     a debt of a person that arises because the person receives or has received payments on the basis that a person who held a Refugee and Humanitarian (Class XB) visa from 5 October 2001 onwards was the holder of a permanent protection visa within the meaning of subparagraph (c)(i) of subsection 7(6B) of the Act.\n\n\n \n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument remains tightly focused on its original purpose: waiving debts arising from visa classification errors affecting Refugee and Humanitarian (Class XB) visa holders. There is no evidence of scope creep; the instrument is a precise, targeted specification as contemplated by the enabling legislation."},"complexity_factors":["Only 5 sections, with minimal substantive content","Single defined term ('Act')","No cross-references beyond the enabling provision (subsection 1237AB(1))","Single operative provision with straightforward class definition","No conditional logic, exceptions, or nested provisions","Extremely narrow and specific scope (one visa class, one date threshold, one type of debt)"],"plain_english_summary":"This instrument lets the government cancel certain social security debts that arose when people were paid Centrelink benefits because their visa status was mistakenly treated as permanent protection. It specifically covers refugees who held a Refugee and Humanitarian (Class XB) visa from 5 October 2001 onwards.\n\nIt matters because it prevents vulnerable refugees from being pursued for repayment of benefits they received in good faith due to an administrative error."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument does not amend the Social Security Act; it specifies, for the existing waiver power in s.1237AB(1), which class of debts is eligible. The text does not itself expand or narrow other statutory definitions beyond identifying the covered class (Class XB visa holders from 5 October 2001)."},"complexity_factors":["Direct cross-reference to subsection 1237AB(1) of the Social Security Act 1991 — the instrument operates by specifying a class of debts for an existing statutory waiver power.","Relies on the statutory meaning of 'permanent protection visa' via subparagraph (c)(i) of subsection 7(6B) — requires reading multiple provisions together.","Temporal cutoff: only covers persons who held a Class XB visa from 5 October 2001 onwards, creating retrospective application questions for specific payment periods.","Single operative clause with high dependence on administrative application — legal effect depends on how the Department identifies and processes eligible debts.","Implies administrative tasks (identifying affected cases, assessing waiver eligibility) and potential record‑checking and compliance burdens for the Department and individuals."],"plain_english_summary":"This specification names a class of social security debts that the Secretary may waive under subsection 1237AB(1) of the Social Security Act 1991: debts arising where payments were made because a person holding a Refugee and Humanitarian (Class XB) visa from 5 October 2001 onwards was treated as a holder of a permanent protection visa (s7(6B)(c)(i)). It affects people who received those payments and the Department that administers recovery and waiver decisions, by making those debts eligible for waiver rather than automatic recovery."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-waiver-of-debts-refugees-specification-2019","history":"/api/acts/social-security-waiver-of-debts-refugees-specification-2019/history","analysis":"/api/acts/social-security-waiver-of-debts-refugees-specification-2019/analysis","conflicts":"/api/acts/social-security-waiver-of-debts-refugees-specification-2019/conflicts","importantCases":"/api/acts/social-security-waiver-of-debts-refugees-specification-2019/important-cases","documents":"/api/acts/social-security-waiver-of-debts-refugees-specification-2019/documents"}}