(b) in the case of giving a stored value card—the amount by which the monetary value stored on the card exceeds the credit balance of the first person’s income management account; or
(c) in the case of increasing the monetary value stored on a stored value card—the amount by which the increase in the monetary value exceeds the credit balance of the first person’s income management account; or
(d) in the case of paying an amount—the amount by which the amount paid exceeds the credit balance of the first person’s income management account; or
(e) in the case of taking an action under subsection 123YQ(2)—the amount by which the non‑administrative expenses paid by the Commonwealth in relation to the taking of the action exceeds the credit balance of the first person’s income management account.
Crediting of amounts
(4) An amount equal to the relevant excess is:
(a) credited to the Income Management Record; and
(b) credited to the first person’s income management account.
Recovery
(5) An amount equal to the relevant excess is a debt due by the first person to the Commonwealth.
Note: For debt recovery, see Chapter 5 of the 1991 Act.
123ZJA Action purportedly taken under Division 6 as a result of administrative error
Scope
(1) This section applies if:
(a) the Secretary purports to take action under Division 6; and
(b) apart from this section, the action is invalid; and
(c) the action is due to an administrative error.
Relevant excess
(2) If the action purportedly taken results in an amount (an excess amount) being credited to a person’s income management account in error, the Secretary may determine, in writing, that:
(a) the person’s income management account is to be debited by one or more amounts equal to the excess amount; or
(b) the person must repay to the Commonwealth, as a debt due to the Commonwealth, an amount equal to the excess amount.
Note: Paragraph (b)—for debt recovery, see Chapter 5 of the 1991 Act.
(3) If the Secretary makes a determination under paragraph (2)(a):
(a) the Income Management Record is debited by one or more amounts equal to the excess amount; and
(b) the person’s income management account is debited by one or more amounts equal to the excess amount.
Debt due to the Commonwealth
(4) If the action purportedly taken results in an amount (an excess amount) being paid to a person in error and the person does not have an income management account, an amount equal to the excess amount is a debt due by the person to the Commonwealth.
Note: For debt recovery, see Chapter 5 of the 1991 Act.
(5) If the action purportedly taken results in a voucher being given to a person in error, an amount equal to the face value of the voucher is a debt due by the person to the Commonwealth.
Note: For debt recovery, see Chapter 5 of the 1991 Act.
(6) If the action purportedly taken results in a stored value card being given to a person in error, an amount equal to the monetary value of the stored value card is a debt due by the person to the Commonwealth.
Note: For debt recovery, see Chapter 5 of the 1991 Act.
(7) Subject to subsection (8), if the action purportedly taken results in a payment being made to the credit of an account held by a person with:
(a) a bank; or
(b) a person specified in a legislative instrument made by the Secretary for the purposes of subparagraph 123YK(2)(a)(ii) or (b)(ii) or 123YL(2)(a)(ii) or (b)(ii);
in error, an amount equal to the amount of the payment is a debt due by the person to the Commonwealth.
Note: For debt recovery, see Chapter 5 of the 1991 Act.
(8) If an account mentioned in subsection (7) is held by a person jointly or in common with another person, each account holder is jointly and severally liable for the payment of a debt due to the Commonwealth under that subsection.
(9) If the action purportedly taken results in a payment being made to a person by way of a cheque or cash, and the payment is made in error, an amount equal to the amount of the payment is a debt due by the person to the Commonwealth.
Note: For debt recovery, see Chapter 5 of the 1991 Act.
Crediting of amounts
(10) If the action purportedly taken results in an amount (a shortfall amount) being debited from a person’s income management account in error, an amount equal to the shortfall amount must be:
(a) credited to the Income Management Record; and
(b) credited to the person’s income management account.
(11) A determination made under subsection (2) is not a legislative instrument.
Division 9—Miscellaneous
123ZK Secretary must comply with certain directions given by the Queensland Commission
Deductible portion
(1) If:
(a) a person is subject to the income management regime under section 123UF; and
(b) under a law of Queensland, the Queensland Commission gives the Secretary a written direction about the exercise of a power of the Secretary under subsection 123XM(3), 123XN(3), 123XO(3) or 123XP(3) in relation to the person;
the Secretary must comply with the direction.
Debits from income management accounts
(2) If:
(a) a person is subject to the income management regime under section 123UF; and
(b) under a law of Queensland, the Queensland Commission gives the Secretary a written direction about the exercise of a power of the Secretary under Division 6 that results in a debit from the person’s income management account;
the Secretary must comply with the direction.
123ZL Surrender of unused vouchers and unused stored value cards
Scope
(1) This section applies if:
(a) a person (the first person) is subject to the income management regime; and
(b) either:
(i) the Secretary has given the first person or another person a voucher under subsection 123YC(2) or 123YD(2); or
(ii) the Secretary has given the first person or another person a stored value card under subsection 123YE(2), 123YF(2), 123YM(2), 123YN(2), 123YO(2) or 123YP(2); and
(c) as a result of the taking of the action referred to in paragraph (b), the first person’s income management account has been debited by a particular amount (the debited amount); and
(d) the voucher or stored value card has not been used.
Surrender of voucher or stored value card
(2) The voucher or stored value card may be surrendered to the Secretary.
Income Management Record to be credited
(3) If, under subsection (2), the voucher or stored value card is surrendered to the Secretary, an amount equal to the debited amount is credited to the Income Management Record.
First person’s income management account to be credited
(4) If, under subsection (2), the voucher or stored value card is surrendered to the Secretary, an amount equal to the debited amount is credited to the first person’s income management account.
123ZM Vouchers
(1) The Secretary may, on behalf of the Commonwealth, purchase vouchers to be given under subsection 123YC(2) or 123YD(2).
(2) The Secretary may, on behalf of the Commonwealth:
(a) issue vouchers to be given under subsection 123YC(2) or 123YD(2); and
(b) enter into agreements with the suppliers of goods or services under which the suppliers undertake to accept those vouchers in consideration for the supply of goods or services.
(3) Subsections (1) and (2) do not limit the executive power of the Commonwealth.
(4) To the extent to which:
(a) the issue of vouchers under paragraph (2)(a); or
(b) an agreement entered into under paragraph (2)(b);
involves a borrowing of money by the Commonwealth, that borrowing is authorised by this subsection.
Note: Subsection 56(1) of the Public Governance, Performance and Accountability Act 2013 provides that an agreement for the borrowing of money by the Commonwealth is of no effect unless the borrowing is expressly authorised by or under an Act.
123ZN Appropriation
(1) The Consolidated Revenue Fund is appropriated to the extent necessary for the purposes of:
(aa) making payments under subsection 123UP(2); and
(a) making payments under subsection 123WJ(4), (7) or (11) or 123WL(3); and
(b) enabling the Secretary to set off an amount under subsection 123WJ(14); and
(c) making a purchase mentioned in subsection 123ZM(1); and
(d) making a payment of an amount payable by the Commonwealth under an agreement mentioned in paragraph 123ZM(2)(b); and
(e) enabling the Secretary to give a stored value card under subsection 123YE(2), 123YF(2), 123YM(2), 123YN(2), 123YO(2) or 123YP(2); and
(f) enabling the Secretary to increase, under subsection 123YE(2) or 123YF(2), the monetary value stored on a stored value card; and
(g) enabling the Secretary to pay an amount under subsection 123YG(2), 123YH(2), 123YI(2), 123YJ(2), 123YK(2), 123YL(2), 123YM(2), 123YN(2), 123YO(2) or 123YP(2); and
(h) paying or discharging expenses incurred by the Commonwealth in relation to action taken by the Secretary under subsection 123YQ(2); and
(i) making a payment to cover an invalid action, as mentioned in subsection 123ZJA(1).
(2) To avoid doubt, subsection (1) is the only provision of this Part that appropriates the Consolidated Revenue Fund.
123ZNA Recording of amounts in accounts and records
(1) This section applies to:
(a) the crediting of an amount to the Income Management Record, or to a person’s income management account, under this Part; and
(b) the debiting of an amount from the Income Management Record, or from a person’s income management account, under this Part.
(2) The crediting or debiting takes effect at the time an entry recording the crediting or debiting is made in the accounts and records of the Department or the Human Services Department.
123ZO This Part has effect despite other provisions etc.
This Part has effect despite anything in:
(a) any other provision of this Act; or
(b) the 1991 Act; or
(c) the Family Assistance Act; or
(d) the Family Assistance Administration Act; or
(e) the Student Assistance Act 1973; or
(f) the Veterans’ Entitlements Act.
Commonwealth Coat of Arms of Australia
Social Security (Administration) Act 1999
No. 191, 1999
Compilation No. 163
Compilation date: 5 December 2025
Includes amendments: Act No. 73, 2025
This compilation is in 2 volumes
Volume 1: sections 1‑123ZO
Volume 2: sections 124‑257
Schedules
Endnotes
Each volume has its own contents
About this compilation
This compilation
This is a compilation of the Social Security (Administration) Act 1999 that shows the text of the law as amended and in force on 5 December 2025 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 3C—Schooling requirements
Division 1—General
124 Scope
124A Enrolment and attendance at school
124B Schooling requirement child
124C Schooling requirement determination
124D Schooling requirement payments
124E Application to payments under the Veterans’ Entitlements Act
Division 2—School enrolment
124F School enrolment—enrolment notices
124G School enrolment—condition of schooling requirement payments
124H School enrolment—suspension or cancellation for non‑compliance with enrolment notice
124J School enrolment—when payments become payable after suspension
Division 3—School attendance notices
124K School attendance—attendance notices
124L School attendance—condition of schooling requirement payments
124M School attendance—suspension or cancellation for non‑compliance with attendance notice
124N School attendance—when payments become payable after suspension
Division 3A—School attendance plans
124NA When this Division applies
124NB Conference notices
124NC School attendance plans
124ND Compliance notices
124NE School attendance—condition of schooling requirement payments
124NF School attendance—suspension or cancellation for non‑compliance with compliance notice
124NG School attendance—when payments become payable after suspension
Division 4—Information about schooling
124P Schooling requirements—information about schooling
Division 5—General provisions
124PA Relationship between Divisions of this Part
Part 4—Internal review of decisions
Division 1—Effect of Part
124Q Application of Part to decisions under repealed laws
125 Decisions by officers under instruments
Division 2—Internal review
126 Review of decisions by Secretary
126A Review of determination of youth allowance rate in relation to maintenance income
127 Decisions that are not reviewable by the Secretary
128 Notice to ART Principal Registrar
129 Application for review
130 Withdrawal of application
131 Secretary may continue payment pending outcome of application for review
132 Guidelines for exercise of Secretary’s power to continue payment
135 Review of decisions following application under section 129
136 Notice of decision on review
137 Certain decisions not to be revived
138 Notification of further rights of review
Division 2A—Internal review of certain Commissioner decisions relating to student start‑up loans
138A Decisions reviewable under this Division
138B Commissioner must give reasons for reviewable decisions
138C Reviewer of decisions
138D Reviewer may reconsider reviewable decisions
138E Notice to ART Principal Registrar
138F Reconsideration of reviewable decisions on request
138G Withdrawal of request
138H ART review of reviewable decisions
138J Decision changed before ART review completed
Part 4A—Review by the ART
Division 1—Preliminary
139 Simplified outline of this Part
Division 2—ART review
Subdivision A—Preliminary
140 Application of Division
140A Definition of employment pathway plan decision
Subdivision B—ART review: applications
142 Reviewable decisions
142A Person who made the decision
142B Decision‑maker taken to have elected not to participate in ART review proceeding
143 Application requirement—employment pathway plan decisions
144 Non‑reviewable decisions
145 Secretary may continue payment pending outcome of application for review
146 Guidelines for exercise of Secretary’s power to continue payment
Subdivision C—ART review: relationship with ART Act
147 Application and modification of ART Act
147A Operation and implementation of decision under ART review
147B Remitting decisions for reconsideration
147C Legal or financial assistance
Subdivision D—ART review: other matters
148 Procedure on receipt of application for certain ART reviews
165A ART’s power to obtain information for ART review
166 Exercise by Secretary of powers under section 192
168 Hearing of certain ART reviews in private
176 Costs of review
177 Assessment of rate of social security payment
181 Settlement of proceedings before the ART
182 Variation or substitution of decision before ART review determined
183 Secretary or ART may treat event as having occurred
Part 5—Information management
Division 1—Information gathering
191 Application of Division
191A Reasonable belief needed to require information or documents
192 General power to obtain information
193 Power to obtain information from a person who owes a debt to the Commonwealth
194 Obtaining information about a person who owes a debt to the Commonwealth
195 Obtaining information to verify claims etc.
196 Written notice of requirement
197 Offence—failure to comply with requirement
197A Self‑incrimination
197B Use of information in investigations etc.
198 Relationship with other laws
Division 2—End‑of‑employment statements
199 Request for end‑of‑employment statement
200 Offence—failure to give end‑of‑employment statement
Division 3—Confidentiality
201 Operation of Division
201A Definitions
202 Permitted obtaining of, making a record of, disclosure of or use of protected information
202A Obtaining of, making a record of, disclosure of or use of protected information relating to taxation information
203 Offence—unauthorised obtaining of protected information
204 Offence—unauthorised making a record of, disclosure of or use of protected information
204A Use of tax file numbers
205 Offence—soliciting disclosure of protected information
206 Offence—offering to supply protected information
207 Protection of certain documents etc. from production to court etc.
208 Disclosure of information by Secretary
209 Guidelines for exercise of Secretary’s disclosure powers