(c) if the person is subject to the income management regime under subsection (1) on the day before the trigger day—the person ceases to be subject to the income management regime under subsection (1) on the trigger day.
123UFAA Persons subject to the income management regime—other State/Territory referrals
(1) For the purposes of this Part, a person is subject to the 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 H welfare payment; and
(b) before the test time, an officer or employee of a recognised State/Territory authority gave the Secretary a written notice requiring that the person be subject to the 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(d) at the test time, the notice had not been withdrawn or revoked; and
(e) at the test time, the State or Territory is a recognised State or Territory; and
(f) if, at the test time, the person has a Part 3B payment nominee—the Part 3B payment nominee is not an excluded Part 3B payment nominee; and
(g) at the test time, the person is not subject to the income management regime under section 123UC, 123UD, 123UE or 123UF.
(2) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if:
(a) at the test time, the person is not subject to the income management regime under any other provision of this Subdivision; 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 income management regime under subsection (1); or
(ii) subject to the enhanced income management regime under subsection 123SCJ(1).
(4) If:
(a) a person was a program participant under section 124PGE on the day before the closure day; and
(b) on or after that day and before the repeal day, the Secretary made a determination under subsection 124PHA(1) or 124PHB(3) in relation to the person;
then, despite subsections (1) and (2) of this section, the person cannot become subject to the income management regime under this section at any time after the making of that determination.
(5) A person is not subject to the income management regime under this section on or after the day this subsection commences unless the person was subject to the income management regime under this section immediately before the start of that day.
123UFA Persons subject to the income management regime—voluntary income management agreement
(1) For the purposes of this Part, a person is subject to the income management regime at a particular time if, at that time, a voluntary income management agreement is in force in relation to the person.
(2) A person is not subject to the income management regime under this section on or after the day this subsection commences unless the person was subject to the income management regime under this section immediately before the start of that day.
Subdivision BA—Additional provisions relating to vulnerable welfare payment recipients
123UGA Vulnerable welfare payment recipients
Determination by Secretary
(1) The Secretary may, by writing, determine that a person is a vulnerable welfare payment recipient for the purposes of this Part.
(2) In making a determination under subsection (1), the Secretary must comply with any decision‑making principles set out in a legislative instrument made by the Minister 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 his or her 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 set out in an instrument made for the purposes of subsection (2).
(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.
Subdivision BB—Additional provisions relating to disengaged youth and long‑term welfare payment recipients
123UGB Exempt welfare payment recipient—inclusion in specified class
(1) The Secretary may, by writing, determine that a person is an exempt welfare payment recipient if the Secretary is satisfied that the person is included in a class of persons specified in an instrument made by the Minister under subsection (2).
(2) The Minister may, by legislative instrument, specify a class of persons to be exempt welfare payment recipients for the purposes of this section.
(3) A determination made by the Secretary under subsection (1) is not a legislative instrument.
123UGC Exempt welfare payment recipient—person is not the principal carer of a child
(1) The Secretary may, by writing, determine that a person is an exempt welfare payment recipient at a particular time (the test time) if:
(a) at the test time, the person is not the principal carer of a child who is a school age child or younger; and
(b) the Secretary is satisfied that one of the following applies:
(i) the person is a full‑time student or a new apprentice at the test time;
(ii) within at least 4 of the last 6 fortnights before the test time, the person has received less than 25% of the maximum basic rate of youth allowance, jobseeker payment, pension PP (single) or benefit (PP) partnered (other than because a compliance penalty period applied to the person);
(iia) within at least 4 of the last 6 fortnights before the test time, the person has received less than 25% of the equivalent rate of special benefit (other than because a compliance penalty period applied to the person);
(iii) at the test time, the person is undertaking an activity specified in an instrument made by the Minister under subsection (2).
(2) The Minister may, by legislative instrument, specify activities for the purpose of subparagraph (1)(b)(iii). The activities may be specified by reference to a class of persons undertaking the activities.
(3) A determination made by the Secretary under subsection (1) is not a legislative instrument.
123UGD Exempt welfare payment recipient—person is the principal carer of a child
(1) The Secretary may, by writing, determine that a person is an exempt welfare payment recipient at a particular time (the test time) if:
(a) at the test time, the person is the principal carer of a child who is a school age child or younger; and
(b) in relation to each child who is a school age child—the Secretary is satisfied that:
(i) at the test time, the child is enrolled at a school, and, in each of the 2 school terms ending immediately before that time, the child has had no more than 5 absences for reasons that are not satisfactory to a person responsible for the operation of the school; or
(ia) at the test time, the child is enrolled at a school, and, in each of the 2 school terms ending immediately before that time, the child has had more than 5 absences for reasons that are not satisfactory to a person responsible for the operation of the school but the person is taking reasonable steps to ensure that the child attends school as required by the law of the State or Territory concerned; or
(ii) at the test time, the child is covered by a schooling arrangement that is acceptable under a law of a State or Territory as an alternative to a requirement under that law to enrol at, or attend, a school (for example, the child is home‑schooled), and the child’s schooling is progressing satisfactorily; or
(iii) at the test time, the child is participating in an activity specified in an instrument made by the Minister under subsection (2); and
(c) in relation to each other child—the Secretary is satisfied that, at the test time, the person or the child is participating in the required number and kind of activities specified in an instrument made by the Minister under subsection (3); and
(d) the Secretary is satisfied that there were no indications of financial vulnerability in relation to the person during the 12‑month period ending immediately before the test time.
Note: In deciding whether he or she is satisfied as mentioned in paragraph (1)(d), the Secretary must comply with decision‑making principles: see subsection (5).
Alternative activities for school age children
(2) The Minister may, by legislative instrument, specify activities for the purpose of subparagraph (1)(b)(iii).
Activities relating to children (other than school age children)
(3) The Minister must, by legislative instrument, specify the number and kind of activities that a person, or the person’s child (other than a school age child), may participate in for the purposes of paragraph (1)(c).
(4) The activities that may be specified under subsection (3) may relate to a child’s intellectual, physical or social development.
Decision‑making principles relating to financial vulnerability
(5) In deciding whether he or she is satisfied as mentioned in paragraph (1)(d), the Secretary must comply with any decision‑making principles set out in a legislative instrument made by the Minister for the purposes of this subsection.
Determination not a legislative instrument
(6) A determination made by the Secretary under subsection (1) is not a legislative instrument.
Definitions
(7) In this section:
person responsible, for the operation of a school, has the same meaning as in Part 3C.
123UGF Full‑time student
A person is a full‑time student for the purposes of this Part if the person:
(a) is an eligible recipient of youth allowance; and
(b) is undertaking full‑time study (as defined by section 541B of the 1991 Act).
123UGG School age child
(1) For the purposes of this Part, a child is a school age child if the child is required, under a law of a State or Territory:
(a) to be enrolled at a school; or
(b) to attend a school at times required under that law.
(2) For the purposes of this section:
attendance, at a school, includes attendance at a place, for the purpose of schooling, that is acceptable under a law of a State or Territory as an alternative to a requirement under that law to attend a school.
enrolment, at a school, includes anything, for the purposes of schooling, that is acceptable under a law of a State or Territory as an alternative to a requirement under that law to enrol at a school.
Subdivision C—Additional provisions relating to school enrolment and attendance
123UH 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.
123UI 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 legislative instrument made by the Minister for the purposes of this subsection.
(2) A period ascertained under subsection (1) may be a recurring period.
(3) A period may be ascertained under subsection (1) by reference to a term of the school attended by the child.
(4) For the purposes of this Part, it is immaterial whether an applicable school period begins before or after the commencement of this section.
123UJ Eligible care period
(1) For the purposes of this Part, an eligible care period is a period ascertained in accordance with a legislative instrument made by the Minister for the purposes of this subsection.
(2) A period ascertained under subsection (1) may be a recurring period (for example, a fortnight).
(3) For the purposes of this Part, it is immaterial whether an eligible care period begins before or after the commencement of this section.
123UK 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 legislative instrument made by the Minister for the purposes of this subsection.
(2) 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.
(3) 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.
123UL Formal warning—unsatisfactory school attendance situation
If:
(a) a person is not subject to the income management regime under section 123UE; 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 income management regime under section 123UE if an unsatisfactory school attendance situation exists in relation to the eligible care child.
Subdivision D—Voluntary income management agreements
123UM Voluntary income management agreement
(1) A person may enter into a written agreement with the Secretary under which the person agrees voluntarily to be subject to the income management regime throughout the period when the agreement is in force.
(2) An agreement under subsection (1) is to be known as a voluntary income management agreement.
(3) The Secretary must not enter into a voluntary income management agreement with a person (the first person) unless:
(a) the first person is an eligible recipient of a category H welfare payment; and
(b) the first person’s usual place of residence is within a declared voluntary income management area; and
(c) if the first person has a Part 3B payment nominee—the Part 3B payment nominee is not an excluded Part 3B payment nominee.
(4) In deciding whether to enter into a voluntary income management agreement with a person, the Secretary must have regard to:
(a) the extent to which it would be feasible for the Secretary to take action under Division 6 in relation to the person if the person were subject to the income management regime; and
(b) such other matters (if any) as the Secretary considers relevant.
(5) The Secretary must not enter into a voluntary income management agreement with a person if:
(a) the person is subject to the income management regime under section 123UC, 123UCA, 123UCB, 123UCC, 123UD, 123UE, 123UF or 123UFAA; or
(b) during the 12‑month period ending when the voluntary income management agreement is to come into force, there were 4 occasions on which previous voluntary income management agreements relating to the person were terminated under subsection 123UO(2).
123UN Duration of voluntary income management agreement
(1) A voluntary income management agreement in relation to a person (the first person):
(a) comes into force at the time specified in the agreement, so long as:
(i) at that time, the first person is an eligible recipient of a category H welfare payment; and
(ii) at that time, the first person’s usual place of residence is within a declared voluntary income management area; and
(iii) if, at that time, the first person has a Part 3B payment nominee—the Part 3B payment nominee is not an excluded Part 3B payment nominee; and
(v) at that time, the first person is not subject to the income management regime under section 123UC, 123UCA, 123UCB, 123UCC, 123UD, 123UE, 123UF or 123UFAA; and