Commonwealth legislation

Social Security (Class of Visas — Qualification 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This Act has been repealed and is no longer in force. It is retained for historical reference.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

2/10 complexity

What this does: This law allows a very specific group of people to access a Centrelink payment called "Special Benefit."

Who it affects: Non-citizens (visitors, temporary residents, etc.) who are in Australia on a "criminal justice stay visa." But only if that visa was issued to help police or courts deal with serious crimes like people trafficking, sexual servitude, or deceptive recruiting (essentially modern slavery offences).

Why it matters: Normally, people on temporary visas can't get Australian welfare payments. This creates an exception so that victims or witnesses of trafficking crimes aren't left destitute while they assist with criminal investigations or prosecutions. It recognises that these vulnerable people might need financial support to survive while helping bring traffickers to justice.

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Current sections

Direct links to the current provisions in Social Security (Class of Visas — Qualification for Special Benefit) Determination 2004.

Social Security (Class of Visas — Qualification for Special Benefit) Determination 2004

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Social Security (Class of Visas—Qualification for Special Benefit) Determination 2004

I, Kay Christine Lesley Patterson, Minister for Family and Community Services, make the following determination under subparagraph 729(2)(f)(v) of the Social Security Act 1991.

Dated 26th January 2004.

Kay Patterson

Minister for Family and Community Services

Name of determination

1 This determination may be cited as the Social Security (Class of Visas—Qualification for Special Benefit) Determination 2004.

Commencement

2 This determination commences on the day on which it is signed.

Class of visas

3 Subparagraph 729(2)(f)(v) 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 — Qualification for Special Benefit) Determination 2004