I, ALAN TUDGE, Minister for Human Services, acting under subsections 124PD(2) and  124PG(1) of the Social Security (Administration) Act 1999 make this Determination.

Dated: 9 March 2016 

1 Name of instrument

This Determination is the Social Security (Administration) (Trial Area – East Kimberley) Determination 2016.

2 Commencement

This Determination commences on 26 April 2016.

3 Cessation

This Determination ceases on the date 6 months from its commencement.

4 Definitions

In this Determination:

ABSTUDY Scheme has the meaning given by subsection 23(1) of the Social Security Act.

Act means the Social Security (Administration) Act 1999.

East Kimberley is the area composed of and limited to the Australian Bureau of Statistics’ 2011 Australian Statistical Geography Standard (ASGS) Statistical Area Level 1s (SA1) of 5120808, 5120810, 5120802, 5120805, 5120801, 5120807, 5120815, 5120812, 5120814, 5120816, 5120818, 5120811 and 5120817.

Included Communities are the communities listed in Schedule 1 to this determination.

 outside trial area student means:

(a)    a full-time student for the purposes of Part 3B of the Act; or

(b)    a person receiving a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as living allowance; or

(c)     a person receiving pensioner education supplement at a fortnightly rate provided for by subsection 1061PZG(2) of the Social Security Act; or

(d)    a person who is receiving youth allowance as a new apprentice as defined in subsection 23(1) of the Social Security Act; or

(e)    a person who is receiving an austudy payment; or

(f)       a person who is receiving special benefit on the basis the person is:

(i)  required by the Secretary to undertake a course under section 736 of the Social Security Act; or

(ii)   engaged in a course undertaken under a Special Benefit Employment Pathway Plan;

 who lives outside the trial area for the purposes of meeting study requirements.

 Part 3D payment nominee means: 

 (a)  a person who is, by virtue of an appointment in force under section 123B of the Act or section 219TB of the A New Tax System (Family Assistance)(Administration) Act 1999, the payment nominee of another person; or

 (b)  a person to whom another person's instalments of youth allowance are to be paid in accordance with subsection 45(1) of the Act; or

 (c) a person to whom another person’s payments under the scheme known as the ABSTUDY Scheme are to be paid in accordance with part 71.7 of the ABSTUDY policy manual.

 pension age has the meaning given at paragraph (b) of the definition of ‘pension age’ in subsection 23(1) of the Social Security Act.

 Social Security Act means the Social Security Act 1991.

Note: Pursuant to paragraph 13(1)(b) of the Legislation Act 2003 (Cth), expressions used in this determination have the same meaning as in the Act. 

5 Trial area

East Kimberley and the areas of each of the Included Communities are an area for the purposes of the definition of trial area under subsection 124PD(2) of the Act.

6 Application of trigger payment

For subsection 124PG(1) of the Act, all the trigger payments listed in subsection 124PD(1) of the Act apply both:

(a)                      in respect of a class of persons who:

(i)                           do not have a Part 3D payment nominee; and

(ii)                         are not the subject of a determination made by the Secretary under subsection 43(3A) of the Act; and

(iii) have not reached pension age and will not reach pension age during the 12 month period commencing 26 April 2016; and

(iv) are not subject to the income management regime under section 123UC or 123UF of the Act; and

(v) are not subject to the income management regime under section 123UCB or 123UCC of the Act because subsection 123UCB(3) or subsection 123UCC(3) applies to the person; and

(vi) are not an outside trial area student; and

(vii) are not the subject of a determination by the Secretary under section 7 of this Determination; and

(b)                              in relation to East Kimberley and the Included Communities.

7 Class of persons—determination by Secretary

(1) The Secretary may determine that a person, who would otherwise be in a class of persons determined in section 6, is not in a class of person for the purposes of subsection 124PG(1) of the Act if the Secretary is satisfied that being a trial participant would seriously risk that person's mental, physical or emotional wellbeing. 

(2) To avoid doubt, the Secretary is not required to consider whether to make a decision under this section prior to a person becoming a trial participant.

Schedule 1 – Included Communities