Commonwealth legislation

Social Security Exempt Lump Sum (South Australian Stolen Generations Reparations Scheme) Determination 2016

In ForceCTH

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

2/10 complexity

This determination declares one‑off ex gratia payments made under the South Australian Stolen Generations Reparations Scheme — for Aboriginal people removed from family before 31 December 1975 who were in or removed by South Australia — to be an "exempt lump sum". It takes effect the day after registration, does not create or fund the scheme, and leaves the practical consequences of that classification to other laws and administrative rules.

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Current sections

Direct links to the current provisions in Social Security Exempt Lump Sum (South Australian Stolen Generations Reparations Scheme) Determination 2016.

Part 1

Preliminary and Interpretation

Part 1 Preliminary and Interpretation

1 Name of determination

This determination is the Social Security Exempt Lump Sum (South Australian Stolen Generations Reparations Scheme) Determination 2016.

2 Commencement

This determination commences on the day after registration.

3 Definitions

In this determination:

South Australian Stolen Generations Reparations Scheme means a scheme operated by the South Australian Government to provide one-off ex gratia lump sum payments to Aboriginal persons who were removed from their parents or family as children before 31 December 1975 without a court order and whose usual place of residence when removed was South Australia or who were removed by South Australian authorities.

reparation payment means a payment made by the South Australian Government in accordance with the South Australian Stolen Generations Reparations Scheme.

Part 2 Exempt Lump Sums

If a person has received a reparation payment, then the amount is an exempt lump sum.

4 If a person has received a reparation payment, then the amount is an exempt lump sum.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.