Commonwealth legislation

Social Security (Class of Visas — Newly Arrived Resident’s Waiting Period for Special Benefit) Determination 2004

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

1/10 complexity

This determination specifies that victims or witnesses of human trafficking who are in Australia on a special "criminal justice stay visa" must serve a waiting period before they can receive Special Benefit (emergency welfare payments for people in severe financial hardship).

Normally, new residents must wait a period (often several years) before accessing most welfare payments—this is called the "Newly Arrived Resident's Waiting Period." This rule applies that waiting period to people holding criminal justice stay visas that were granted specifically to help authorities investigate or prosecute offences involving people trafficking, sexual servitude, or deceptive recruiting.

Even though these visa holders are assisting with serious criminal matters, they are treated like other new residents for Special Benefit purposes and must complete the waiting period before receiving payments.

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Current sections

Direct links to the current provisions in Social Security (Class of Visas — Newly Arrived Resident’s Waiting Period for Special Benefit) Determination 2004.

Social Security (Class of Visas — Newly Arrived Resident’s Waiting Period for Special Benefit) Determination 2004

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Social Security (Class of Visas—Newly Arrived Resident’s Waiting Period for Special Benefit) Determination 2004

I, Kay Christine Lesley Patterson, Minister for Family and Community Services, make the following determination under subsection 739A(6) of the Social Security Act 1991.

Dated 26th January 2004.

Kay Patterson

Minister for Family and Community Services

Name of determination

This determination may be cited as the Social Security (Class of Visas—Newly Arrived Resident’s Waiting Period for Special Benefit) Determination 2004.

Commencement

This determination commences on gazettal.

Class of visas

Subsection 739A(6) of the Social Security Act 1991 applies to a person, if and only if, that person:

(a) is a non-citizen; and

(b) is the holder of a criminal justice stay visa issued under subsection 155(2) of the Migration Act 1958;

provided that the criminal justice stay visa has been granted for the purpose of assisting in the administration of criminal justice in relation to the offence of people trafficking, sexual servitude or deceptive recruiting.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Social Security (Class of Visas — Newly Arrived Resident’s Waiting Period for Special Benefit) Determination 2004