Commonwealth Numbered Acts

SOCIAL SECURITY (ADMINISTRATION) ACT 1999

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   3.      Interpretation  
   4.      Social security law  
   5.      Manner of giving notice  
   6.      Effect of certain determinations  

   PART 2--GENERAL ADMINISTRATION OF SOCIAL SECURITY LAW

   7.      General administration of social security law  
   8.      Principles of administration  
   9.      Government policy statements  
   10.     Agreement on administrative arrangements  

   PART 3--PROVISION OF BENEFITS

           Division 1--Claim for social security payment or concession card

   11.     General rule  
   12.      Certain transfers between payments  
   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  
   15.     Deemed claim—incorrect 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.     Time limits  
   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  
   27.     Lapsing of certain claims for maternity immunisation allowance  
   28.     Claims for disability support pension  
   29.     General rule  
   30.      Residence requirements for claimants for special benefit  
   31.     Exclusion of certain claims from requirements of section 29  
   32.     Claims for sickness allowance  
   33.     Right to withdraw  
   34.     Manner of withdrawal  
   35.     Special provision regarding certain claims by persons in gaol etc.  

           Division 2--Determination of claim

   36.     Obligation of Secretary to determine claim  
   37.     Grant of claim  
   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 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  
   47.     Payment of lump sum benefits  
   48.     Payment of telephone allowance  
   49.     Timing of payment of fares allowance  
   50.     To whom fares allowance is to be paid  
   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, other than pension bonus, after death  
   59.     Payment of pension bonus after death  

           Division 5--Protection of social security payments

   60.     Protection of social security payment  
   61.     Deduction at request of recipient  
   62.     Effect of garnishee or attachment order  

           Division 6--Provision of information by claimants and recipients

   63.     Requirement to attend Department etc.  
   64.     Requirement to undergo medical examination etc.  
   65.     Medical certificate in support of claim for sickness allowance  
   66.     Notice to obtain foreign payment  
   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  
   71.     Notice to recipient of family allowance or family tax payment regarding change of address  
   72.     Provisions relating to notice  
   73.     Application of notice provisions  
   74.     Offence—failure to comply with notice  
   75.     Secretary's power to request tax file numbers  
   76.     Effect of failure by person to satisfy request for person's tax file number  
   77.     Effect of failure by person to satisfy request for partner's or related person's tax file number  

           Division 7--Various determinations

   78.     Rate increase determination  
   79.     Rate reduction determination  
   80.     Cancellation or suspension determination  
   81.     Cancellation or suspension for non-compliance with certain notices  
   82.     Cancellation 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  
   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

   90.     Automatic cancellation—transfer to new payment type  
   91.     Automatic cancellation of parenting payment on transfer to new payment type—member of couple  
   92.     Automatic cancellation of parenting payment—partner receiving ABSTUDY payment that includes dependent spouse allowance  
   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)  
   96.     Disability support pension—suspension instead of cancellation in some cases  
   97.     Disability support pension—suspension taken to have been under section 96  
   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 by person receiving parenting payment  
   102.    Automatic rate reduction of parenting payment—partner receiving ABSTUDY payment that includes dependent spouse allowance  
   103.    Changes to payments by computer following automatic cancellation or reduction  
   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  

           Division 9--Date of effect of determinations

   107.    General rule  
   108.     Definition  
   109.    Date of effect of favourable determination resulting from review  
   110.    Date of effect of favourable determination following notification under section 68 notice  
   111.    Date of effect of section 78 determination resulting from  
   112.    Date of effect of favourable determination following giving of  
   113.    Date of effect of favourable determination following amendment of  
   114.    Date of effect of other favourable determinations  
   115.    Definition  
   116.    Date of effect of favourable determination resulting from  
   117.    Definition  
   118.    Date of effect of adverse determinations—general rules  
   119.    Additional rules in the case of family allowance  
   120.    Additional rules in the case of carer payment  
   121.    Definition  
   122.    Date of effect of adverse determinations  

           Division 10--Continuing effect of determinations

   123.    Continuing effect of determinations  

   PART 4--REVIEW OF DECISIONS

           Division 1--Effect of Part

   124.    Application of Part to decisions under repealed laws  
   125.    Decisions by officers under instruments  

           Division 2--Internal review

   126.    Review of decisions by Secretary  
   127.    Decisions that are not reviewable by the Secretary  
   128.    Notice to Executive Director or 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  
   133.    Automatic payment if review of section 544C terms decision sought  
   134.    Automatic payment if review of section 607 terms decision sought  
   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 3--Review by the Social Security Appeals Tribunal

   139.    Continuance of Social Security Appeals Tribunal  
   140.    Application of Division  
   141.    SSAT objective  
   142.    Application for review by SSAT  
   143.    Application requirement for certain 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  
   147.    Automatic payment if review of decision under section 544C of the 1991 Act sought  
   148.    Automatic payment if review of decision under section 607 of the 1991 Act sought  
   149.    SSAT review powers  
   150.    SSAT review powers (Activity Agreement decisions)  
   151.    Powers of the SSAT  
   152.    Date of effect of SSAT decisions (other than Activity Agreement decisions)  
   153.    Date of effect of SSAT decision (Activity Agreement decision)  
   154.    Application requirements  
   155.    Variation of decision before review completed  
   156.    Parties to SSAT review  

           Division 4--Procedures for review by the SSAT

   157.    Procedure on receipt of application for review by SSAT  
   158.    Parties to be given a statement about the decision under review  
   159.    Arrangements for hearing of application  
   160.    Notice of application to person affected by decision  
   161.    Submissions to SSAT  
   162.    SSAT hearings on written submissions only  
   163.    SSAT hearings without oral submissions by party  
   164.    Evidence on oath or affirmation  
   165.    Provision of further information by Secretary  
   166.    Exercise by Secretary of powers under section 192  
   167.    Hearing procedure  
   168.    Hearing in private  
   169.    Restrictions on disclosure of information obtained at hearing  
   170.    Adjournment of SSAT hearings  
   171.    Withdrawal of application for review  
   172.    Dismissal of an application  
   173.    Chairperson for each SSAT hearing  
   174.    Decision of questions before SSAT  
   175.    Directions as to procedure for hearings  
   176.    Costs of review  
   177.    Procedure following SSAT decision  

           Division 5--Review by the Administrative Appeals Tribunal

   178.    Application of Division  
   179.    Review of decisions by AAT  
   180.    Variation of decision before AAT review completed  
   181.    Review by AAT limited to decisions reviewed by SSAT  
   182.    Settlement of proceedings before the AAT  
   183.    Definition  
   184.    Notice of application for review  
   185.    Parties to a review by the AAT  
   186.    Lodgment of documents with the AAT  
   187.    Power of AAT to obtain additional information  
   188.    Operation and implementation of the decision under review  
   189.    Failure of party to appear  
   190.    Limit of AAT power in reviewing a decision  

   PART 5--INFORMATION MANAGEMENT

           Division 1--Information gathering

   191.    Application of Division  
   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  
   198.    Obligations not affected by State or Territory 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  
   202.    Protection of personal information  
   203.    Offence—unauthorised access to information  
   204.    Offence—unauthorised use of protected information  
   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

   211.    Application of Part  

           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.    Knowingly obtaining payment that is not payable  
   216.    Payment knowingly 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 corporations, employers and principals for offences

   225.    State of mind of a person  
   226.    Director of a corporation  
   227.    Conduct  
   228.    Offence  
   229.    State of mind of corporation  
   230.    Conduct of officer of corporation  
   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  
   239.    Judicial notice of certain matters  
   240.    Documentary evidence  
   241.    Annual report  
   242.    Appropriation  
   243.    Regulations  

   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  
   253.    Unfinished reviews by SSAT  
   254.    Unfinished reviews by AAT  
   255.    Saving of steps in review process  
   256.    Entitlements and liabilities  
   257.    Transitional regulations  

   PART 9--TEMPORARY ROUNDING-OFF PROVISIONS

   258.    Rounding off instalment of social security pension or benefit  
   259.    Rounding off instalments of family allowance  
   260.    Cessation of operation of Part