voluntary enhanced income management area has the meaning given by subsection 123SF(5).
Division 2—Persons subject to the enhanced income management regime
Subdivision A—Queensland Commission
123SC Persons subject to the enhanced income management regime—Queensland Commission
(1) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:
(a) at the test time, the person, or the person’s partner, is an eligible recipient of a category A welfare payment; and
(b) the Queensland Commission gave the Secretary a written notice requiring that the person be subject to the enhanced income management regime under this section; and
(c) the notice was given under a law of Queensland; and
(d) at the test time, the notice had not been withdrawn or revoked and had not expired; and
(e) if, at the test time, the person has a Part 3B payment nominee—that nominee is subject to the enhanced income management regime or is subject to the income management regime (within the meaning of Part 3B).
(1A) Paragraph (1)(b) is taken to be satisfied if, on or after 6 March 2023, the Queensland Commission gave the Secretary a written notice requiring that the person be subject to the income management regime under Part 3B.
(2) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) on or after 6 March 2023 if:
(a) at the test time, the person, or the person’s partner, is an eligible recipient of a category A welfare payment; and
(b) subsection (3) applies in relation to the person; and
(c) if, at the test time, the person has a Part 3B payment nominee—that nominee is subject to the enhanced income management regime or is subject to the income management regime (within the meaning of Part 3B).
(3) This subsection applies in relation to a person if:
(a) immediately before 6 March 2023, subitem 97(2) or (4) of Schedule 1 to the Social Security (Administration) Amendment (Continuation of Cashless Welfare) Act 2020 applies in relation to the person and a notice; and
(b) immediately before 6 March 2023, the person was a program participant under section 124PGD.
(4) Subsection (3) ceases to apply in relation to the person if on or after 6 March 2023 the notice referred to in paragraph (3)(a) is withdrawn or revoked by the Queensland Commission or expires.
(5) This section applies on and after 6 March 2023 despite item 97 of Schedule 1 to the Social Security (Administration) Amendment (Continuation of Cashless Welfare) Act 2020.
Subdivision B—Child protection
123SCA Persons subject to the enhanced income management regime—child protection
Person given notice by a child protection officer
(1) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:
(a) at the test time, the person, or the person’s partner, is an eligible recipient of a category A welfare payment; and
(b) a child protection officer of a State or Territory gave the Secretary a written notice requiring that the person be subject to the enhanced income management regime under this section; and
(c) the notice was given:
(i) under a law (whether written or unwritten) in force in a State or Territory (other than a law of the Commonwealth); or
(ii) in the exercise of the executive power of a State or Territory; and
(d) at the test time, the notice is in force; and
(e) at the test time, the State or Territory is a declared child protection State or Territory; and
(f) if, at the test time, the person has a Part 3B payment nominee—that nominee is subject to the enhanced income management regime or is subject to the income management regime (within the meaning of Part 3B); and
(g) at the test time, the person is not subject to the enhanced income management regime under section 123SC; and
(h) subsection (2) or (3) of this section applies.
(2) This subsection applies if, immediately before the test time, the person is not subject to the income management regime (within the meaning of Part 3B).
(3) This subsection applies if:
(a) before the test time, the person made a request under subsection 123SIA(1) to transfer to the enhanced income management regime; and
(b) before the test time, the Secretary gave the person a written notice (a transfer notice) under subsection 123SIA(2) stating that the person is eligible to transfer to the enhanced income management regime; and
(c) at the test time, the transfer notice is in force; and
(d) immediately before the transfer notice comes into force, the person was subject to the income management regime under subsection 123UC(1).
(4) Paragraph (1)(b) is taken to be satisfied if, before, on or after the day this subsection commences, a child protection officer of a State or Territory gave the Secretary a written notice requiring that the person be subject to the income management regime under section 123UC.
Person who has a Part 3B payment nominee subject to any income management
(5) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:
(a) at the test time, the person is:
(i) not subject to the enhanced income management regime under any other provision of this Division; and
(ii) not subject to the income management regime (within the meaning of Part 3B); and
(b) at the test time, the person has a Part 3B payment nominee; and
(c) at the test time, the Part 3B payment nominee is:
(i) subject to the enhanced income management regime under subsection (1); or
(ii) subject to the income management regime under subsection 123UC(1).
(6) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:
(a) before the test time, the person made a request under subsection 123SIA(1) to transfer to the enhanced income management regime; and
(b) before the test time, the Secretary gave the person a written notice (a transfer notice) under subsection 123SIA(2) stating that the person is eligible to transfer to the enhanced income management regime; and
(c) at the test time, the transfer notice is in force; and
(d) at the test time, the person has a Part 3B payment nominee who is:
(i) subject to the enhanced income management regime under subsection (1) of this section; or
(ii) subject to the income management regime under subsection 123UC(1); and
(e) immediately before the transfer notice comes into force, the person was subject to the income management regime under subsection 123UC(2).
Determination
(7) The Minister may, by legislative instrument, determine that a specified State or Territory is a declared child protection State or Territory for the purposes of this Part.
Subdivision C—School enrolment and attendance
123SCB Persons subject to the enhanced income management regime—school enrolment
Person who has a child who is not enrolled at school
(1) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:
(a) at the test time, the person, or the person’s partner, is an eligible recipient of a category A welfare payment; and
(b) at the test time, the person, or the person’s partner, has an eligible care child; and
(c) under a law of a State or Territory, the eligible care child is required to be enrolled at school; and
(d) the Secretary is satisfied that it is appropriate for the eligible care child to be enrolled at:
(i) a primary school in a declared primary school area; or
(ii) a secondary school in a declared secondary school area; and
(e) at the test time, the eligible care child is not enrolled at:
(i) if subparagraph (d)(i) applies—a primary school in the declared primary school area; or
(ii) if subparagraph (d)(ii) applies—a secondary school in the declared secondary school area; and
(f) if, at the test time, the person has a Part 3B payment nominee—that nominee is subject to the enhanced income management regime or is subject to the income management regime (within the meaning of Part 3B); and
(g) at the test time, the person is not subject to the enhanced income management regime under section 123SC or 123SCA; and
(h) at the test time, a determination under subsection (2) is not in force in relation to the person; and
(i) such other conditions (if any) as are specified in a determination under subsection (6) are satisfied.
Individual determinations
(2) The Secretary may, by writing, determine that a person is exempt from subsection (1).
(3) In making a determination under subsection (2), the Secretary must comply with any principles set out in a determination under subsection (4).
(4) The Minister may, by legislative instrument, determine principles for the purposes of subsection (3).
(5) A determination under subsection (2) is not a legislative instrument.
Minister’s determination of conditions
(6) The Minister may, by legislative instrument, determine conditions for the purposes of paragraph (1)(i).
Person who has a Part 3B payment nominee subject to enhanced income management
(7) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:
(a) at the test time, the person is not subject to the enhanced income management regime under any other provision of this Division; and
(b) at the test time, the person has a Part 3B payment nominee; and
(c) at the test time, the Part 3B payment nominee is subject to the enhanced income management regime under subsection (1).
Documentary evidence
(8) If a person, or the person’s partner, has an eligible care child, the Secretary may, by written notice given to the person, request the person to give the Secretary, within a period (the compliance period) specified in the notice, documentary evidence of the eligible care child’s enrolment at a school during a specified applicable school period.
(9) A notice under subsection (8) must set out the effect of subsection (12).
(10) The compliance period specified in a notice under subsection (8) must not be shorter than 7 days.
(11) The Secretary may extend the compliance period specified in a notice under subsection (8).
(12) If:
(a) a person is given a notice under subsection (8); and
(b) the person does not comply with the notice;
the Secretary may determine that subsection (1) has effect as if the eligible care child was not enrolled at any school at any time during the applicable school period specified in the notice.
123SCC Persons subject to the enhanced income management regime—school attendance
Person who has a child with unsatisfactory school attendance
(1) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:
(a) at the test time, the person, or the person’s partner, is an eligible recipient of a category A welfare payment; and
(b) at the test time, an unsatisfactory school attendance situation exists in relation to a child; and
(c) throughout a period that ended before the unsatisfactory school attendance situation came into existence, the child was an eligible care child of:
(i) the person; or
(ii) the person’s partner; and
(d) at the test time, the child is enrolled at a school; and
(e) if the school is a primary school—at the test time, the school is in a declared primary school area; and
(f) if the school is a secondary school—at the test time, the school is in a declared secondary school area; and
(g) before the test time, the person, or the person’s partner, had been given a formal warning under section 123SCI; and
(h) the whole or a part of an applicable school period in relation to the child occurred in the period:
(i) beginning when the formal warning was given; and
(ii) ending at the test time; and
(i) if, at the test time, the person has a Part 3B payment nominee—that nominee is subject to the enhanced income management regime or is subject to the income management regime (within the meaning of Part 3B); and
(j) at the test time, the person is not subject to the enhanced income management regime under section 123SC or 123SCA; and
(k) at the test time, a determination under subsection (2) is not in force in relation to the person; and
(l) such other conditions (if any) as are specified in a determination under subsection (6) are satisfied.
Individual determinations
(2) The Secretary may, by writing, determine that a person is exempt from subsection (1).
(3) In making a determination under subsection (2), the Secretary must comply with any principles set out in a determination under subsection (4).
(4) The Minister may, by legislative instrument, determine principles for the purposes of subsection (3).
(5) A determination under subsection (2) is not a legislative instrument.
Minister’s determination of conditions
(6) The Minister may, by legislative instrument, determine conditions for the purposes of paragraph (1)(l).
Person who has a Part 3B payment nominee subject to enhanced income management
(7) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:
(a) at the test time, the person is not subject to the enhanced income management regime under any other provision of this Division; and
(b) at the test time, the person has a Part 3B payment nominee; and
(c) at the test time, the Part 3B payment nominee is subject to the enhanced income management regime under subsection (1).
123SCD Eligible care child
For the purposes of this Part, a person (the first person) is an eligible care child of another person at a particular time if, and only if:
(a) at the particular time, the first person is a child for whom the other person is the principal carer; or
(b) all of the following conditions are satisfied:
(i) that time occurs during an eligible care period;
(ii) under a family law order, registered parenting plan or parenting plan that is in force during the eligible care period, the first person is supposed to live or spend time with the other person;
(iii) assuming the family law order, registered parenting plan or parenting plan were complied with during the eligible care period, the first person would have been in the other person’s care for at least 14% of that period.
123SCE Eligible care period
(1) For the purposes of this Part, an eligible care period is a period ascertained in accordance with a determination under subsection (2).
(2) The Minister may, by legislative instrument, make a determination for the purposes of subsection (1).
(3) A period ascertained under subsection (1) may be a recurring period (for example, a fortnight).
(4) For the purposes of this Part, it is immaterial whether an eligible care period begins before or after the commencement of this section.
123SCF Declared primary school area and declared secondary school area
Declared primary school area
(1) The Minister may, by legislative instrument, determine that:
(a) a specified State; or
(b) a specified Territory; or
(c) a specified area;
is a declared primary school area for the purposes of this Part.
(2) This Part does not prevent an area specified under paragraph (1)(c) from being described as the area within the boundary of premises occupied by a particular primary school.
Declared secondary school area
(3) The Minister may, by legislative instrument, determine that:
(a) a specified State; or
(b) a specified Territory; or
(c) a specified area;
is a declared secondary school area for the purposes of this Part.
(4) This Part does not prevent an area specified under paragraph (3)(c) from being described as the area within the boundary of premises occupied by a particular secondary school.
123SCG Applicable school period
(1) For the purposes of this Part, an applicable school period in relation to a child is a period ascertained in accordance with a determination under subsection (2).
(2) The Minister may, by legislative instrument, make a determination for the purposes of subsection (1).
(3) A period ascertained under subsection (1) may be a recurring period.
(4) A period may be ascertained under subsection (1) by reference to a term of the school attended by the child.
(5) For the purposes of this Part, it is immaterial whether an applicable school period begins before or after the commencement of this section.
123SCH Unsatisfactory school attendance situation
(1) For the purposes of this Part, the question whether an unsatisfactory school attendance situation exists, or has existed, in relation to a child is to be ascertained in accordance with a determination under subsection (2).
(2) The Minister may, by legislative instrument, make a determination for the purposes of subsection (1).
(3) However, an unsatisfactory school attendance situation does not exist in relation to a child if the child is not required, under a law of a State or Territory, to attend school in a State or Territory.
(4) For the purposes of this Part, it is immaterial whether an unsatisfactory school attendance situation exists or has existed before or after the commencement of this section.
123SCI Formal warning—unsatisfactory school attendance situation
If:
(a) a person is not subject to the enhanced income management regime under section 123SCC; and
(b) the person, or the person’s partner, has an eligible care child; and
(c) an unsatisfactory school attendance situation exists, or has existed, in relation to the eligible care child;
the Secretary may give the person a formal warning that the person, or the person’s partner, could become subject to the enhanced income management regime under section 123SCC if an unsatisfactory school attendance situation exists in relation to the eligible care child.