Subdivision D—Referrals by recognised State/Territory authority
123SCJ Persons subject to the enhanced income management regime—referrals by recognised State/Territory authority
Person given notice by a recognised State/Territory authority
(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) an officer or employee of a State/Territory authority 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/Territory authority is a recognised State/Territory authority; 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, 123SCA, 123SCB or 123SCC; 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 123UFAA(1).
(4) Paragraph (1)(b) is taken to be satisfied if, before, on or after the day this subsection commences, an officer or employee of a State/Territory authority gave the Secretary a written notice requiring that the person be subject to the income management regime under Part 3B.
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 123UFAA(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 123UFAA(1); and
(e) immediately before the transfer notice comes into force, the person was subject to the income management regime under subsection 123UFAA(2).
123SCK Recognised State/Territory authority
(1) The Minister may, by legislative instrument, determine that:
(a) a specified department, or a specified part of a department, of a State or Territory; or
(b) a specified body of a State or Territory; or
(c) a specified agency of a State or Territory;
is a recognised State/Territory authority for the purposes of this Part.
Functions, powers or duties of officers or employees
(2) Before making a determination under subsection (1), the Minister must be satisfied that officers or employees of the department or part of the department, or of the body or agency, have functions, powers or duties in relation to the care, protection, welfare or safety of adults, children or families.
Appropriate review process
(3) Before making a determination under subsection (1), the Minister must be satisfied that there is an appropriate process for reviewing any decisions to give notices of the kind referred to in paragraph 123SCJ(1)(b) that could be made by officers or employees of the department or part of the department or of the body or agency if the Minister were to make the determination.
(4) In deciding whether the Minister is satisfied as mentioned in subsection (3), the Minister must have regard to the following:
(a) the cost of the review process to applicants;
(b) the timeliness of the review process;
(c) whether the review process provides that applicants are entitled to be represented and heard;
(d) the degree of independence of the review process;
(e) whether the review process provides for the use of the services of an interpreter.
This subsection does not limit the matters to which the Minister may have regard to in deciding whether the Minister is satisfied as mentioned in subsection (3).
123SCL Persons subject to the enhanced income management regime—vulnerable welfare payment recipients
Person who is a vulnerable welfare payment recipient
(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’s usual place of residence is within a State, a Territory or an area specified in an instrument made under subsection (5); and
(b) at the test time, a determination under section 123SCM that the person is a vulnerable welfare payment recipient is in force; 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); and
(d) at the test time, the person is not subject to the enhanced income management regime under section 123SC, 123SCA, 123SCB, 123SCC or 123SCJ; and
(e) subsection (2) or (3) of this section applies.
(2) This subsection applies if:
(a) at the test time, the person is an eligible recipient of a category F welfare payment; and
(b) 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) at the test time, the person is an eligible recipient of a category A welfare payment; and
(b) before the test time, the person made a request under subsection 123SIA(1) to transfer to the enhanced income management regime; and
(c) 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
(d) at the test time, the transfer notice is in force; and
(e) immediately before the transfer notice comes into force, the person was subject to the income management regime under section 123UCA.
(4) If:
(a) a person is subject to the enhanced income management regime under subsection (1); and
(b) paragraph (1)(a) ceases to apply in relation to the person; and
(c) at the time of that cessation, paragraphs (1)(b), (c) and (d) apply in relation to the person and paragraph (2)(a) or (3)(a) applies in relation to the person;
then the person remains subject to the enhanced income management regime under subsection (1) until paragraph (1)(b), (c) or (d) or (2)(a) or (3)(a) ceases to apply in relation to the person.
Determination
(5) The Minister may, by legislative instrument, make a determination specifying a State, a Territory or an area for the purposes of paragraph (1)(a).
123SCM Determination by Secretary—vulnerable welfare payment recipient
Determination
(1) The Secretary may, by writing, determine that a person is a vulnerable welfare payment recipient for the purposes of this Part.
(2) In deciding whether to make a determination under subsection (1), the Secretary must comply with any decision‑making principles determined under subsection (12) for the purposes of this subsection.
Duration of determination
(3) A determination made under subsection (1):
(a) comes into force:
(i) on the day on which it is made; or
(ii) if a later day is specified in the determination—on that later day; and
(b) remains in force (unless earlier revoked):
(i) for 12 months; or
(ii) if a shorter period is specified in the determination—for that shorter period.
New determinations
(4) If a determination made under subsection (1) is, or has been, in force in relation to a person, subsection (3) does not prevent the Secretary from making a new determination under subsection (1) in relation to that person.
Variation and revocation
(5) The Secretary may, by writing, vary or revoke a determination made under subsection (1):
(a) on the Secretary’s own initiative; or
(b) on request made under subsection (8).
(6) In deciding whether to vary or revoke a determination made under subsection (1), the Secretary must comply with any decision‑making principles determined under subsection (12) for the purposes of this subsection.
(7) Subsection (5) does not limit the application of subsection 33(3) of the Acts Interpretation Act 1901 to other instruments under this Act.
Request to reconsider circumstances
(8) Subject to subsection (9), if a determination made under subsection (1) is in force in relation to a person, the person may request the Secretary to:
(a) reconsider the person’s circumstances; and
(b) vary, or revoke, the determination.
(9) A person must not make a request under subsection (8) in relation to a determination if, at any time during the preceding period of 90 days, the person has made a request under that subsection in relation to the same determination.
(10) If a person makes a request under subsection (8), the Secretary must reconsider the person’s circumstances unless the request was made in contravention of subsection (9).
Determination not a legislative instrument
(11) A determination made under subsection (1) is not a legislative instrument.
Decision‑making principles
(12) The Minister may, by legislative instrument, determine decision‑making principles for the purposes of subsections (2) and (6).
(13) Without limiting subsection (12), the decision‑making principles may set out when the Secretary must make a determination under subsection (1) in relation to a person.
Subdivision F—Disengaged youth and long‑term welfare payment recipients
123SD Persons subject to the enhanced income management regime—Northern Territory
Disengaged youth
(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:
(b) at the test time, the person’s usual place of residence is within the Northern Territory; and
(c) at the test time, the person is an eligible recipient of a category C welfare payment; and
(d) at the test time, the person is at least 15 years of age and under 25 years of age; and
(e) at the test time, the person is not an exempt welfare payment recipient; 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) the person was an eligible recipient of a category C welfare payment for at least 13 weeks during the 26‑week period ending immediately before the test time; and
(h) at the test time, the person is not subject to the enhanced income management regime under section 123SC, 123SCA, 123SCB, 123SCC, 123SCJ or 123SCL; and
(i) subsection (1A) or (1B) of this section applies.
(1A) 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).
(1B) 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 123UCB(1).
(2) If:
(a) a person is subject to the enhanced income management regime under subsection (1); and
(b) paragraph (1)(b) ceases to apply in relation to the person; and
(c) at the time of that cessation, paragraphs (1)(c), (d), (e), (f) and (h) apply in relation to the person;
then the person remains subject to the enhanced income management regime under subsection (1) until the earlier of the following:
(d) the time paragraph (1)(c), (d), (e), (f) or (h) ceases to apply in relation to the person;
(e) the end of the period of 13 weeks beginning on the day that paragraph (1)(b) ceased to apply in relation to the person.
(2A) 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 123UCB(1).
(2B) 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 123UCB(1); and
(e) immediately before the transfer notice comes into force, the person was subject to the income management regime under subsection 123UCB(2).
Long‑term welfare payment recipient
(3) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:
(b) at the test time, the person’s usual place of residence is within the Northern Territory; and
(c) at the test time, the person is an eligible recipient of a category C welfare payment; and
(d) at the test time, the person is at least 25 years of age but has not reached pension age; and
(e) at the test time, the person is not an exempt welfare payment recipient; 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) the person was an eligible recipient of a category C welfare payment for at least 52 weeks during the 104‑week period ending immediately before the test time; and
(h) at the test time, the person is not subject to the enhanced income management regime under section 123SC, 123SCA, 123SCB, 123SCC, 123SCJ or 123SCL; and
(i) subsection (5) or (6) of this section applies.
(4) If:
(a) a person is subject to the enhanced income management regime under subsection (3); and
(b) paragraph (3)(b) ceases to apply in relation to the person; and
(c) at the time of that cessation, paragraphs (3)(c), (d), (e), (f) and (h) apply in relation to the person;
then the person remains subject to the enhanced income management regime under subsection (3) until the earlier of the following:
(d) the time paragraph (3)(c), (d), (e), (f) or (h) ceases to apply in relation to the person;
(e) the end of the period of 13 weeks beginning on the day that paragraph (3)(b) ceased to apply in relation to the person.
(5) 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).
(6) 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