SOCIAL SECURITY (ADMINISTRATION) ACT 1999
Table of Provisions
PART 1--PRELIMINARY
- 1 Short title
- 2 Commencement
- 2A Application of the Criminal Code
- 3 Interpretation
- 4 Social security law
- 5 Manner of giving notice
- 6 Effect of certain determinations
- 6A Secretary may arrange for use of computer programs to make decisions
- 6B Norfolk Island
PART 2--GENERAL ADMINISTRATION OF SOCIAL SECURITY LAW
- 7 General administration of social security law
- 8 Principles of administration
- 10 Agreement on administrative arrangements
PART 3--PROVISION OF BENEFITS
Division 1--Claim for social security payment or concession card
Subdivision A--Need for claim
- 11 General rule
Subdivision B--Cases where claim not necessary
- 12 Deemed claim in certain cases
- 12A One-off payment to the aged
- 12AA One-off payments to carers
- 12AB Economic security strategy payment and training and learning bonus
- 12AC One-off energy assistance payment
- 12AD 2019 one-off energy assistance payment
- 12AE 2020 economic support payment
- 12AF Additional economic support payments
- 12B Language, literacy and numeracy supplement
- 12C Utilities allowance
- 12D Energy supplement
- 12DA Quarterly pension supplement
- 12DB Quarterly energy supplement
- 12E Child disability assistance
- 12F Carer allowance
- 12G Carer supplement
- 12H Relocation scholarship payment
- 12K Clean energy advance
- 12L FHA supplement and relief payment
- 13 Deemed claim--person contacting Department about a claim for a social security payment
- 14 Deemed claim--person contacting Department about a claim for a concession card
- 14A Determination for purposes of sections 13 and 14
- 15 Deemed claim--incorrect or inappropriate claims
- 15A Deemed claim--certain claims for carer allowance
Subdivision C--Manner of making a claim
- 16 How to make a claim
- 17 Special requirements regarding claims for pension bonus
- 18 Additional provisions regarding claim for special employment advance
- 19 Special requirements regarding claims for essential medical equipment payment
Subdivision E--Time limits for claims for pension bonus
- 20 Interpretation
- 21 General rule
- 22 Last bonus period a full-year period
- 23 Last bonus period a part-year period
- 24 Claim by exempt partnered person
- 25 Claim where membership has become non-accruing
- 26 Claim where person has post-75 work period
Subdivision EA--Time limits for claims for pension bonus bereavement payment
- 26A General rule
- 26B Extension
Subdivision EB--Time limits for claims for student start-up loans
- 26C Time limit for claim
Subdivision F--Time limit for claims for fares allowance
- 27 Time limit for claim
Subdivision FAA--Time limit for claims for Disaster Recovery Allowance
- 27AA Time limit for claims for Disaster Recovery Allowance
Subdivision FA--Time limit for claims for AGDRP
- 27A Time limit for claim
Subdivision FB--Time limit for claims for AVTOP
- 27B Time limit for claims for AVTOP
Subdivision G--Age requirement for certain claims
- 28 Claims for disability support pension
Subdivision H--Residence requirements for claimants
- 29 General rule
- 30 Residence requirements for claimants for special benefit
- 30A Exclusion from section 29 residence requirement of crisis payment claimants holding certain visas
- 31 Exclusion of certain claims from requirements of section 29
- 31A Exclusion of certain claims by special category visa holders from section 29 residence requirement
Subdivision I--Withdrawal of claim
- 33 Right to withdraw
- 34 Manner of withdrawal
Subdivision J--Special provision for certain claims
- 35 Claims by persons in gaol etc.
- 35A Claims for advance pharmaceutical allowance
- 35B Secondary victim claims for AVTOP
Division 2--Determination of claim
- 36 Obligation of Secretary to determine claim
- 37 Grant of claim
- 37AA Grant of claim--schooling requirements
- 37A Duration of certain health care cards
- 38 Refusal of claim for special employment advance
- 39 Deemed refusal of claim
- 40 Rejection of claim for failure to obtain foreign payment
Division 3--Commencement of social security payment
- 41 Commencement
- 42 Start day
Division 3AA--Compliance with participation payment obligations
Subdivision A--Introduction
- 42AA Simplified outline of this Division
- 42AB Division not to apply to declared program participants
Subdivision B--Failures for which compliance action must be taken
- 42AC Mutual obligation failures
- 42AD Work refusal failures
- 42AE Unemployment failures
Subdivision C--Compliance action that must be taken for particular failures
- 42AF Compliance action for mutual obligation failures
- 42AG Compliance action for work refusal failures
- 42AH Compliance action for unemployment failures
- 42AI Reasonable excuses--matters that must or must not be taken into account
- 42AJ Reasonable excuses for mutual obligation failures--prior notification required for certain failures
- 42AK Relationship between provisions of this Subdivision
Subdivision D--Effect of taking particular compliance action
- 42AL Payment suspension periods for mutual obligation failures and work refusal failures
- 42AM Reconnection requirements for mutual obligation failures and work refusal failures
- 42AN Reducing instalments of participation payments for mutual obligation failures
- 42AO Unemployment preclusion periods for unemployment failures by persons claiming participation payments
- 42AP Cancelling participation payments
Subdivision E--Miscellaneous
- 42AQ Persons for whom participation payments not payable taken to still be receiving payment for certain purposes
- 42AR Minister to make determinations for purposes of this Division
- 42AS Relationship with section 80
Division 3A--Compliance with participation payment obligations
Subdivision A--Introduction
- 42A Simplified outline of this Division
- 42B Application of this Division only to declared program participants
Subdivision B--No show no pay failures
- 42C No show no pay failures
- 42D Deducting the penalty amount
Subdivision C--Connection and reconnection failures
- 42E Connection failures
- 42F Requiring a person to apply for job vacancies
- 42G Reconnection requirements
- 42H Reconnection failures
- 42J Further reconnection requirements
- 42K Notification requirements
- 42L Deduction of penalty amount
Subdivision D--Serious failures
- 42M Serious failure for persistent non-compliance
- 42N Serious failure for refusing or failing to accept an offer of suitable employment
- 42NA Comprehensive compliance assessment
- 42NC Determination about serious failure requirements and severe financial hardship
- 42P Consequences of serious failure
- 42Q Ending serious failure periods
- 42R Determining that participation payments payable
Subdivision E--Unemployment resulting from a voluntary act or misconduct
- 42S Unemployment resulting from a voluntary act or misconduct
Subdivision EA--Immediate non-payment of participation payments for certain failures
- 42SA Immediate non-payment of participation payments for certain failures
Subdivision EB--Failures by certain recipients of parenting payments
- 42SB Suspension of payments for certain failures
Subdivision EC--Non-attendance failures
- 42SC Non-attendance failures
- 42SD Deduction of penalty amount
Subdivision F--General provisions
- 42T Legislative instrument determining method for working out penalty amount
- 42U Legislative instruments relating to reasonable excuse
- 42UA Prior notification of excuse
- 42V Deduction from any participation payment
- 42W Penalty amount not a debt
- 42X Payability
- 42Y Day of determination
- 42YA Relationship between Subdivisions of this Division
- 42Z Relationship with section 80
Division 4--Payment of social security payment
- 43 Payment by instalments
- 44 Payment of instalments to person or nominee
- 45 Payment of youth allowance--person under 18 and not independent
- 46 Payment of special employment advance
- 46A Payment of AGDRP
- 46B Payment of AVTOP
- 47 Payment of lump sum benefits
- 47A Payment of one-off payment to the aged
- 47AB Payment of carer supplement
- 47AC Payment of one-off energy assistance payment
- 47AD Payment of 2019 one-off energy assistance payment
- 47AE Payment of first 2020 economic support payment
- 47AF Payment of second 2020 economic support payment
- 47AG Payment of additional economic support payment 2020
- 47AH Payment of additional economic support payment 2021
- 47B Payment of one-off payments to carers
- 47C Payment of economic security strategy payments and training and learning bonuses
- 47CA Payment of activity supplement or farm financial assessment supplement
- 47CB Payment of FHA supplement or relief payment
- 47D Payment of clean energy advance
- 47DAA Payment of essential medical equipment payment
- 47DA Relocation scholarship payments
- 47DB Student start-up loans
- 48 Payment of telephone allowance
- 48A Payment of utilities allowance
- 48B Payment of energy supplement
- 48C Payment of quarterly pension supplement
- 48D Payment of quarterly energy supplement
- 49 Timing of payment of fares allowance
- 50 To whom fares allowance is to be paid
- 50A Payment of child disability assistance
- 51 Advance in case of severe financial hardship
- 52 Payment of certain amounts outside Australia
- 53 Payment of instalments where pension received under other legislation
- 54 Rounding off instalments of social security payments
- 55 Payment into bank account etc.
- 56 Youth allowance--failure to nominate parent
- 57 Change of particular payday
- 58 Payment of social security payment after death
- 59 Payment of pension bonus or pension bonus bereavement payment after death
Division 5--Protection of social security payments
- 60 Protection of social security payment
- 61 Deduction at request of recipient--payments to Commissioner of Taxation
- 61A Deduction at request of recipient--other payments
- 62 Effect of garnishee or attachment order
Division 6--Requirement to provide information, undergo medical examination etc
Subdivision A--General
- 63 Requirement to attend Department etc.
- 63A Proof of life certificate
- 64 Effect of failing to comply with requirement to attend Department etc.
- 66 Notice to obtain foreign payment
Subdivision B--Requirement to give information about change of circumstances etc
- 66A General requirement to inform of a change of circumstances etc.
- 67 Person who has made a claim
- 68 Person receiving social security payment or holding concession card
- 69 Person who has received a social security payment or who has held a concession card
- 70 Care receiver in respect of whom carer payment being made
- 70A Person who is subject to the income management regime etc.
- 70B Person who is subject to cashless welfare arrangements etc.
- 72 Provisions relating to notice
- 73 Application of provisions
- 74 Offence--failure to comply with notice
Subdivision C--Provision of tax file numbers
- 75 Requesting tax file numbers
- 76 How request for tax file number is satisfied
- 77 Consequences of not giving tax file number
Division 7--Various determinations
Subdivision A--Provisions relating to social security payments
- 78A When this Subdivision does not apply
- 78 Rate increase determination
- 79 Rate reduction determination
- 80 Cancellation or suspension determination
- 81 Cancellation or suspension for non-compliance with certain notices
- 81A Rate reduction determination for non-compliance with notice relating to rent assistance
- 82 Cancellation or suspension for failure to take action to obtain foreign payment
- 83 Changes to payments by computer
- 84 Automatic transfer by computer
- 85 Resumption of payment after cancellation or suspension--general
- 85AA Resumption of payment after cancellation or suspension--provision of proof of life certificate
- 85A Rate increase determination following rate reduction for non-compliance with notice relating to rent assistance
Subdivision B--Provisions relating to concession cards
- 86 Cancellation--person not qualified
- 87 Cancellation--non-compliance with certain notices
- 88 Changes to qualification by computer
- 89 Resumption of qualification
Division 8--Automatic cancellations and variations
Subdivision A--Social security payments
- 90A When this Subdivision does not apply
- 90 Automatic cancellation--transfer to new payment type
- 91 Automatic cancellation of parenting payment on transfer to new payment type--member of couple
- 93 Automatic cancellation--recipient complying with subsection 68(2) notice
- 94 Automatic cancellation--recipient not complying with subsection 68(2) notice
- 95 Automatic cancellation--failure to provide statement under subsection 68(2)
- 95A Automatic cancellation of carer payment for non-compliance with section 70 notice
- 95B Automatic suspension or cancellation--carer allowance
- 95C Social security payment--suspension instead of cancellation under section 93 or 94
- 96 Disability support pension--suspension instead of cancellation under section 93
- 97 Disability support pension--suspension taken to have been under section 96
- 97A Disability support pension--suspension instead of cancellation under section 94 (person obtains work)
- 97B Disability support pension--suspension instead of cancellation under section 94 (person's income)
- 98 Automatic rate reduction--partner starting to receive pension or benefit
- 99 Automatic rate reduction--recipient complying with subsection 68(2) notice
- 100 Automatic rate reduction--recipient not complying with subsection 68(2) notice
- 101 Automatic rate reduction--receipt of pension or veteran payment by person receiving parenting payment
- 103 Changes to payments by computer following automatic cancellation or reduction
Subdivision B--Concession cards
- 104 Automatic cancellation--holder complying with subsection 68(4) notice
- 105 Automatic cancellation--holder not complying with subsection 68(4) notice
- 106 Changes by computer following automatic cancellation
- 106A Automatic cancellation on cessation of qualification
Subdivision C--Additional provision for certain pensioner concession cards and automatic issue health care cards
- 106B Automatic cancellation
Division 9--Date of effect of determinations
Subdivision A--Determinations relating to claims
- 107 General rule
Subdivision B--Determinations under section 78, 81A, 85, 85AA or 85A
- 108 Definition
- 109 Date of effect of favourable determination resulting from review
- 109A Date of effect of determination under section 78 resulting from review required by section 126A
- 110 Date of effect of favourable determination
- 110A Date of effect of favourable determinations resuming payment after suspensions relating to non-compliance
- 111 Date of effect of section 78 determination resulting from indexation or adjustment
- 114 Date of effect of other favourable determinations
Subdivision C--Determinations under section 89
- 115 Definition
- 116 Date of effect of favourable determination resulting from review--concession cards
Subdivision D--Date of effect of adverse determinations relating to social security payments
- 117 Definition
- 118 Date of effect of adverse determinations--general rules
- 120 Additional rules in the case of carer payment
Subdivision E--Date of effect of adverse determinations relating to concession cards
- 121 Definition
- 122 Date of effect of adverse determinations
Division 10--Continuing effect of determinations
- 123 Continuing effect of determinations
Division 11--Estimates and verification of maintenance income for Youth Allowance Rate Calculator
- 123AA Estimate of maintenance income for Youth Allowance Rate Calculator
- 123AB Verification of maintenance income for Youth Allowance Rate Calculator
- 123AC Annualised maintenance income free area
- 123AD Annual amount of estimated maintenance income
PART 3A--NOMINEES
Division 1--Preliminary
Division 2--Appointment of nominees
- 123B Appointment of payment nominee
- 123C Appointment of correspondence nominee
- 123D Provisions relating to appointments
- 123E Suspension and revocation of nominee appointments
Division 3--Payments to payment nominee
- 123F Payment of instalments etc. to payment nominee
Division 4--Functions and responsibilities of nominees
- 123G Definition
- 123H Actions of correspondence nominee on behalf of benefit recipient
- 123I Giving of notices to correspondence nominee
- 123J Compliance by correspondence nominee
- 123K Notification by nominee of matters affecting ability to act as nominee
- 123L Statement by payment nominee regarding disposal of money
Division 5--Other matters
- 123M Protection of principal against liability for actions of nominee
- 123N Protection of nominee against criminal liability
- 123O Duty of nominee to principal
- 123P Saving of Secretary's powers of revocation
- 123Q Saving of Secretary's powers to give notices to principal
- 123R Notification of nominee where notice given to principal
- 123S Right of nominee to attend with principal
PART 3B--INCOME MANAGEMENT REGIME
Division 1--Introduction
- 123TA Simplified outline
- 123TB Objects
- 123TC Definitions
- 123TF Declared child protection State or Territory
- 123TG Declared primary school area and declared secondary school area
- 123TGAA Recognised State/Territory authority
- 123TGAB Recognised State or Territory
- 123TGA Declared voluntary income management area
- 123TH Priority needs
- 123TI Excluded goods and excluded services
- 123TJ Pornographic material
- 123TK Eligible recipient
Division 2--Persons subject to the income management regime
Subdivision A--Situations in which a person is subject to the income management regime
- 123UA Persons subject to the income management regime
- 123UC Persons subject to the income management regime--child protection
- 123UCA Persons subject to the income management regime--vulnerable welfare payment recipients
- 123UCB Persons subject to the income management regime--disengaged youth
- 123UCC Persons subject to the income management regime--long-term welfare payment recipients
- 123UD Persons subject to the income management regime--school enrolment
- 123UE Persons subject to the income management regime--school attendance
- 123UF Persons subject to the income management regime--Queensland Commission
- 123UFAA Persons subject to the income management regime--other State/Territory referrals
- 123UFA Persons subject to the income management regime--voluntary income management agreement
Subdivision BA--Additional provisions relating to vulnerable welfare payment recipients
- 123UGA Vulnerable welfare payment recipients
Subdivision BB--Additional provisions relating to disengaged youth and long-term welfare payment recipients
- 123UGB Exempt welfare payment recipient--inclusion in specified class
- 123UGC Exempt welfare payment recipient--person is not the principal carer of a child
- 123UGD Exempt welfare payment recipient--person is the principal carer of a child
- 123UGF Full-time student
- 123UGG School age child
Subdivision C--Additional provisions relating to school enrolment and attendance
- 123UH Eligible care child
- 123UI Applicable school period
- 123UJ Eligible care period
- 123UK Unsatisfactory school attendance situation
- 123UL Formal warning--unsatisfactory school attendance situation
Subdivision D--Voluntary income management agreements
- 123UM Voluntary income management agreement
- 123UN Duration of voluntary income management agreement
- 123UO Termination of voluntary income management agreement
Division 3--Establishment of the Income Management Record
- 123VA Establishment of the Income Management Record
- 123VC Bank account
Division 4--Income management accounts
Subdivision A--Income management accounts
- 123WA Income management accounts
- 123WB Opening of income management accounts
- 123WC Closing of income management accounts
- 123WD Income management accounts may have a nil balance
- 123WE One income management account per person
- 123WF Credits to, and debits from, a person's income management account
Subdivision B--Account statements
- 123WG Internet and telephone access to account statements etc.
- 123WH Person may request account statements
- 123WI Account statements to be given
Subdivision C--Miscellaneous
- 123WJ Payment of credit balances of income management accounts--person ceases to be subject to the income management regime
- 123WJA Ceasing payment of credit balances of income management accounts--person becomes subject to the income management regime again
- 123WK Payment into bank account etc. of credit balances of income management accounts--person ceases to be subject to the income management regime
- 123WL Payment of credit balances of income management accounts--person dies
- 123WM Payment into bank account etc. of credit balances of income management accounts--person dies
- 123WN Crediting of amounts to income management accounts--Ministerial rules
Division 5--Deductions from welfare payments
Subdivision B--Child protection
- 123XI Deductions from category I welfare payments--instalments
- 123XJ Deductions from category I welfare payments--lump sums
Subdivision BA--Vulnerable welfare payment recipients
- 123XJA Deductions from category I welfare payments--instalments
- 123XJB Deductions from category I welfare payments--lump sums
Subdivision BB--Disengaged youth and long-term welfare payment recipients
- 123XJC Deductions from category I welfare payments--instalments
- 123XJD Deductions from category I welfare payments--lump sums
Subdivision C--School enrolment and attendance
- 123XK Deductions from category I welfare payments--instalments
- 123XL Deductions from category I welfare payments--lump sums
Subdivision D--Queensland Commission
- 123XM Deductions from category Q welfare payments--instalments
- 123XN Deductions from category Q welfare payments--lump sums
- 123XO Deductions from category S welfare payments--instalments
- 123XP Deductions from category S welfare payments--lump sums
Subdivision DAA--Other State
- 123XPAA Deductions from category I welfare payments--instalments
- 123XPAB Deductions from category I welfare payments--lump sums
Subdivision DA--Voluntary income management agreements
- 123XPA Deductions from category I welfare payments--instalments
- 123XPB Deductions from category I welfare payments--lump sums
Subdivision DB--Economic support payments, economic security strategy payments and household stimulus payments
- 123XPBA Deductions from 2020 economic support payments
- 123XPBB Deductions from additional economic support payments
- 123XPC Deductions from economic security strategy payments
- 123XPD Deductions from household stimulus payments
Subdivision DC--Relocation scholarship payments
- 123XPG Deductions from relocation scholarship payments
Subdivision DE--Clean energy income-managed payments
- 123XPJ Deductions from clean energy income-managed payments
Subdivision DF--ETR income-managed payments
- 123XPK Deductions from ETR income-managed payments
Subdivision E--Deducted amount taken to have been paid
- 123XQ Deducted amount taken to have been paid
Division 6--Debits from income management accounts
Subdivision A--General
- 123YA Priority needs--application of income management account
- 123YB Secretary must have regard to the best interests of children
Subdivision B--Restricted debits
- 123YC Vouchers--general
- 123YD Vouchers--Part 3B payment nominee
- 123YE Stored value cards--general
- 123YF Stored value cards--Part 3B payment nominee
- 123YG Expense payment--general
- 123YH Expense payment--Part 3B payment nominee
- 123YI Crediting of account--general
- 123YJ Crediting of account--Part 3B payment nominee
- 123YK Transfers to accounts--general
- 123YL Transfers to accounts--Part 3B payment nominee
- 123YM Restricted direct payment--general
- 123YN Restricted direct payment--Part 3B payment nominee
Subdivision C--Unrestricted debits
- 123YO Unrestricted direct payment--general
- 123YP Unrestricted direct payment--Part 3B payment nominee
Subdivision D--Miscellaneous action
- 123YQ Miscellaneous action
- 123YR Credit of income management account in error
Division 7--Information
- 123ZB Information-gathering powers--school enrolment and attendance
- 123ZC Child protection--notice of cancellation of category H welfare payments
- 123ZD Queensland Commission--notice of cancellation of welfare payments
- 123ZDA Other State/Territory referrals--notice of cancellation of category H welfare payments
- 123ZE Disclosure of information to the Secretary--child protection
- 123ZEA Disclosure of information to the Secretary--Queensland Commission
- 123ZEAA Disclosure of information to the Secretary--other State/Territory referrals
- 123ZEB Disclosure of information to the Secretary--school enrolment and attendance
Division 8--Debt recovery etc
- 123ZF Person other than payee obtaining payment of a cheque
- 123ZG Misuse of vouchers and stored value cards
- 123ZH Repayment of money credited to an account
- 123ZI Breach of condition relating to crediting of account
- 123ZIA Balance of income management account falls below value of action taken under Division 6
- 123ZJ Value of action taken under Division 6 exceeds credit balance of income management account
- 123ZJA Action purportedly taken under Division 6 as a result of administrative error
Division 9--Miscellaneous
- 123ZK Secretary must comply with certain directions given by the Queensland Commission
- 123ZL Surrender of unused vouchers and unused stored value cards
- 123ZM Vouchers
- 123ZN Appropriation
- 123ZNA Recording of amounts in accounts and records
- 123ZO This Part has effect despite other provisions etc.
PART 3C--SCHOOLING REQUIREMENTS
Division 1--General
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 3D--CASHLESS WELFARE ARRANGEMENTS
Division 1--Introduction
Division 2--Persons subject to cashless welfare arrangements
Subdivision A--Program participants
- 124PF Sunset provision
- 124PG Program participants--Ceduna area
- 124PGA Program participants--East Kimberley area
- 124PGB Program participants--Goldfields area
- 124PGC Program participants--Bundaberg and Hervey Bay area
Subdivision B--Voluntary participation in cashless welfare arrangements
- 124PH Voluntary participants
Subdivision C--When persons not subject to cashless welfare arrangements
- 124PHA Person's mental, physical or emotional wellbeing at serious risk
- 124PHB Person can responsibly manage the person's affairs
Division 3--Cashless welfare arrangement rules
Subdivision A--Splitting and payment of restrictable payments
- 124PJ Restrictable payment to be split into restricted and unrestricted portions
- 124PK Secretary must comply with directions given by a community body
- 124PL Payment of restricted portion of restrictable payment
Subdivision B--Recipient's use of restrictable payments etc
- 124PM Recipient's use of funds from restrictable payments
Division 4--Information
- 124PN Disclosure of information to the Secretary--financial institution
- 124PO Disclosure of information to the Secretary--community body
Division 5--Miscellaneous
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 AAT 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 AAT Registrar
- 138F Reconsideration of reviewable decisions on request
- 138G Withdrawal of request
- 138H AAT review of reviewable decisions
- 138J Decision changed before AAT review completed
PART 4A--REVIEW BY THE AAT
Division 1--Preliminary
- 139 Simplified outline of this Part
Division 2--AAT first review
Subdivision A--Preliminary
- 140 Application of Division
- 140A Definitions of employment pathway plan decision and section 525B decision
Subdivision B--AAT first review
- 142 Reviewable decisions
- 142A Person who made the decision
- 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--AAT first review
- 147 Application and modification of AAT Act
Subdivision D--AAT first review
- 148 Procedure on receipt of application for AAT first review
- 165 Provision of further information by Secretary
- 165A Power to obtain information or documents
- 166 Exercise by Secretary of powers under section 192
- 168 Hearing in private
- 176 Costs of review
- 177 Assessment of rate of social security payment
- 178 Notification of decisions and reasons for AAT first review
Division 3--AAT second review
Subdivision A--AAT second review
- 179 Application for AAT second review
Subdivision B--AAT second review
- 180 Application and modification of AAT Act
Division 4--Matters relating to AAT first review and AAT second review
- 181 Settlement of proceedings before the AAT
- 182 Variation or substitution of decision before AAT review determined
- 183 Secretary or AAT 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
- 210 Officer's declaration
PART 6--OFFENCES
Division 1--Preliminary
Division 2--Offences
- 212 False statement in connection with claim or hardship request
- 213 False statement to deceive or affect rates
- 214 False statement or document
- 215 Obtaining payment that is not payable
- 216 Payment obtained through fraud etc.
Division 3--Penalties
- 217 Penalty for contravention of Division 2
- 218 Repayment of social security payment
- 219 Penalty where person convicted of more than one offence
Division 4--Procedural matters
- 220 Joining of charges
- 221 Particulars of each offence
- 222 Trial of joined charges
- 223 Evidentiary effect of Secretary's certificate
- 224 Enforcement of court certificate as judgment
Division 5--Liability of certain employers and principals for offences
Subdivision A--Interpretation
- 225 State of mind of a person
- 228 Offence
Subdivision C--Proceedings against non-corporations
- 231 State of mind of individual
- 232 Conduct of employee or agent
- 233 Exclusion of imprisonment as penalty for certain offences
PART 7--MISCELLANEOUS
- 234 Delegation
- 235 Authorised review officers
- 236 Decisions to be in writing
- 237 Notice of decisions
- 238 Payments to Commissioner of Taxation or the Child Support Registrar
- 239 Judicial notice of certain matters
- 240 Documentary evidence
- 240A Form of cards
- 240B Restrictions on listing of dependants
- 240C Issue of replacement card on expiry of certain concession cards
- 241 Annual report
- 242 Appropriation
- 243 Regulations
- 243A Review of operation of Youth Jobs PaTH program
PART 8--TRANSITIONAL AND SAVING PROVISIONS
- 244 Construction of references to 1991 Act
- 245 Correspondence of provisions
- 246 Saving of social security payments and concession cards
- 247 Saving of instruments under 1991 Act
- 248 Saving of claims for social security payments and concession cards
- 249 Transitional instalment period
- 250 Application for amount owing at recipient's death
- 251 Power to obtain information about events etc. before 20 March 2000
- 252 Unfinished reviews by Secretary
- 255 Saving of steps in review process
- 256 Entitlements and liabilities
- 257 Transitional regulations