SOCIAL SECURITY AND VETERANS' ENTITLEMENTS LEGISLATION AMENDMENT (SCHOOLING REQUIREMENTS) BILL 2008

i Social Security and Veterans' Entitlements Legislation Amendment (Schooling Requirements)

Bill 2008 No. , 2008

Contents

Short title ............................................................................................ 1

Commencement .................................................................................. 1

Schedule(s) ......................................................................................... 2

Schedule 1--Schooling requirements

Part 1--Amendment of Acts

A New Tax System (Family Assistance) Act 1999

Social Security (Administration) Act 1999

Student Assistance Act 1973

Veterans' Entitlements Act 1986

Part 2--Application of amendments

Social Security and Veterans' Entitlements Legislation Amendment (Schooling Requirements) Bill

2008 No. , 2008 1

A Bill for an Act to amend the law relating to social

security and veterans' entitlements, and for related

purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Social Security and Veterans'

Entitlements Legislation Amendment (Schooling Requirements) Act

2008.

2 Commence ment

This Act commences on the day on which it receives the Royal

Assent.

Schooling requirements Schedule 1

Amend ment of Acts Part 1

Social Security and Veterans' Entitlements Legislation Amendment (Schooling Requirements) Bill

2008 No. , 2008 3

Schedule 1

Schooling requirements

Part 1

Amendment of Acts

A New Tax System (Family Assistance) Act 1999

1 Subsection 3(1) (at the end of the definition of receiving)

Add:

; and (c) in relation to a social security pension, a social security

benefit, a service pension or income support supplement--

has a meaning affected by section 3AA (which deals with the

suspension of payments under Part 3C (schooling

requirements) of the Social Security (Administration) Act

1999).

2 After section 3

Insert:

3AA Meaning of receiving affected by suspension of certain

schooling requirement payme nts

Scope

(1) This section applies for the purpose of construing references to a

person receiving payments (affected schooling requirement

payments) covered by subsection (2), if the references are in the

following provisions:

(a) section 50S of the Family Assistance Administration Act;

(b) clauses 1 and 38L of Schedule 1 to this Act;

(2) The affected schooling requirement payments are the following:

(a) a social security pension;

(b) a social security benefit;

(d) income support supplement.

Note:

These payments are schooling requirement payments within the

meaning of the Social Security (Administration) Act 1999 (see

section 124D of that Act).

Schedule 1 Schooling requirements

Part 1 A mendment of Acts

4 Social Security and Veterans' Entitlements Legislation Amendment (Schooling

Requirements) Bill 2008 No. , 2008

General rule--person taken to receive payment during suspension

(3) In this Act, subject to subsections (4) and (5):

receiving is taken to include a reference to a person being

prevented from receiving an affected schooling requirement

payment because the payment is suspended under Part 3C

(schooling requirements) of the Social Security (Administration)

Act 1999.

Note:

See also the definition of receiving in subsection 3(1), and subsections

3(8) and (9).

Exception--more than 13 weeks continuous suspension

(4) Subsection (3) does not apply in relation to the suspension of an

affected schooling requirement payment if the payment has been

suspended for a continuous period of more than 13 weeks.

(5) However, if the period of suspension referred to in subsection (4)

started in the income year preceding the income year in which the

13 weeks referred to in that subsection elapsed, that subsection

does not apply in relation to the suspension until the start of the

later income year.

Social Security (Administration) Act 1999

3 After section 37

Insert:

37AA Grant of claim--schooling require ments

(1) Without limiting subsection 37(1), the Secretary must determine

that a claim for a schooling requirement payment is to be granted if

the Secretary is satisfied that:

(a) the person is qualified, or is expected to be qualified, for the

payment; and

(b) the payment would be payable if it were not for the

application of subsection 124G(1) or 124L(1).

(2) Subsection (1) does not apply to a schooling requirement payment

under the Veterans' Entitlements Act.

Schooling requirements Schedule 1

Amend ment of Acts Part 1

Social Security and Veterans' Entitlements Legislation Amendment (Schooling Requirements) Bill

2008 No. , 2008 5

Note 1:

Schooling requirement payments are social security benefits, social

security pensions and certain payments under the Veterans'

Entitlements Act (see section 124D of this Act).

Note 2:

Section 124G and 124L provide that a schooling requirement payment

is not payable to a person if he or she fails to comp ly with an

enrolment notice or an attendance notice after the end of an initial

compliance period (unless he or she has a reasonable excuse or special

circumstances apply).

Note 3:

If the payment is suspended under section 124H or 124M (because of

the application of subsection 124G(1) or 124L(1)) on the day the

claim is granted, the start day for the payment is deferred until the

suspension ends (at the earliest) (see clause 5 of Schedule 2).

4 Paragraph 85(1)(a)

Repeal the paragraph, substitute:

(a) a person's social security payment is:

(i) cancelled by force of section 93 or 94; or

(ii) cancelled or suspended under section 80, 81 or 82; or

(iii) cancelled under Part 3C (schooling requirements); and

Note:

For reconsideration of the suspension of a schooling requirement

payment, see sections 124J and 124N.

5 Paragraph 123(1)(c)

Omit "or 82", substitute ", 82, 124H or 124M".

6 After Part 3B

Insert:

Part 3C--Schooling requirements

Division 1--General

124 Scope

(1) This Part applies to a person (a schooling requirement person) in

relation to another person (a child) at a particular time if:

(a) either of the following applies at that time in relation to a

schooling requirement payment:

(i) a claim by the person for the payment is being

determined (under this Act or the Veterans'

Entitlements Act);

Schedule 1 Schooling requirements

Part 1 A mendment of Acts

6 Social Security and Veterans' Entitlements Legislation Amendment (Schooling

Requirements) Bill 2008 No. , 2008

(ii) a claim by the person for the payment has been granted,

and the payment has not been cancelled (under this Act

or the Veterans' Entitlements Act); and

(b) either:

(i) the child is a schooling requirement child of the person

at that time; or

(ii) the child was a schooling requirement child of the

person at any time within a period provided by the

schooling requirement determination before that time;

and

(i) to be enrolled at a school; or

(ii) to attend a school at times required under that law.

(2) If this Part stops applying to a person while the person's schooling

requirement payment is suspended under this Part, section 124J or

124N (each of which provides for when payments become payable

after suspension) applies as if:

(a) this Part continued to apply to the person; and

(b) the reconsideration day for the purposes of the relevant

section were the day on which this Part stopped applying;

and

124L(1), as the case requires, no longer applied to the person

as at the reconsideration day.

124A Enrolment and attendance at school

In this Part:

attendance, at a school, includes attendance at a place, for the

purpose of schooling, that is acceptable under a law of a State or

Territory as an alternative to a requirement under that law to attend

a school.

enrolment, at a school, includes anything, for the purpose of

schooling, that is acceptable under a law of a State or Territory as

an alternative to a requirement under that law to enrol at a school.

person responsible, for the operation of a school, includes:

Schooling requirements Schedule 1

Amend ment of Acts Part 1

Social Security and Veterans' Entitlements Legislation Amendment (Schooling Requirements) Bill

2008 No. , 2008 7

(a) a person responsible for schooling (or for the administration

of schooling) at a place, other than a school, to which the

definition of attendance applies; and

(b) a person responsible for schooling (or for the administration

of schooling) in relation to which alternative enrolment of a

kind mentioned in the definition of enrolment applies.

124B Schooling re quirement child

Schooling requirement child

(1) For the purposes of this Act, a person (the first person) is a

schooling requirement child of another person at a particular time

if:

(a) at that time, the first person is a dependent child of the other

person; or

(b) all of the following conditions are satisfied:

(i) that time occurs during a schooling requirement period;

(ii) under a family law order, or a registered parenting plan

or parenting plan (within the meaning of the Family

Law Act 1975), that is in force during the schooling

requirement period, the first person is supposed to live

or spend time with the other person;

(iii) assuming the family law order, registered parenting plan

or parenting plan were complied with during the

schooling requirement period, the first person would

have been in the other person's care for at least 14% of

that period.

Schooling requirement period

(2) For the purposes of subsection (1), a schooling requirement period

is a period worked out in accordance with the schooling

requirement determination.

(3) A period worked out under subsection (2) may be a recurring

period (for example, a fortnight).

(4) For the purposes of this section, it is immaterial whether a

schooling requirement period begins before or after the

commencement of this section.

Schedule 1 Schooling requirements

Part 1 A mendment of Acts

8 Social Security and Veterans' Entitlements Legislation Amendment (Schooling

Requirements) Bill 2008 No. , 2008

Family law order

(5) In this section:

family law order has the same meaning as in section 123TC.

124C Schooling requirement determination

For the purposes of this Part, the Minister may, by legislative

instrument, make a determination (the schooling requirement

determination) relating to school enrolment and attendance.

124D Schooling requirement payments

In this Act:

schooling requirement payment means:

(a) a social security benefit; or

(b) a social security pension; or

Entitlements Act:

(i) Defence Force Income Support Allowance;

(ii) income support supplement;

(iii) service pension.

124E Application to payments under the Veterans' Entitlements Act

(1) For the purposes of this Part, the provisions of this Act covered by

subsection (2) apply (to the extent mentioned in that subsection) in

relation to schooling requirement payments that are made under the

Veterans' Entitlements Act as if the payments were schooling

requirement payments that are social security payments.

(2) The provisions of this Act covered by this subsection are as

follows:

(a) Part 1 (which includes provisions relating to the application

of the Criminal Code and interpretation);

(b) section 85 and Division 9 of Part 3, to the extent that these

provisions relate to the cancellation of schooling requirement

payments under this Part;

Note:

These provisions deal with the reconsideration of decisions in

relation to social security payments.

Schooling requirements Schedule 1

Amend ment of Acts Part 1

Social Security and Veterans' Entitlements Legislation Amendment (Schooling Requirements) Bill

2008 No. , 2008 9

the extent that the Division relates to the suspension and

cancellation of schooling requirement payments under this

Part;

(d) Part 4 (review of decisions), to the extent that the Part relates

to the suspension and cancellation of schooling requirement

payments under this Part;

(e) Part 5 (information management), to the extent necessary or

convenient for the administration of this Part;

(f) Part 6 (offences), to the extent that the Part relates to acts or

omissions occurring in relation to the administration of this

Part;

(g) Part 7 (which includes provisions relating to delegations and

regulations etc.), to the extent necessary or convenient for the

administration of this Part;

(h) Schedule 1 (Dictionary).

Division 2--School enrolment

124F School enrolment--enrolment notices

Enrolment notices generally

(1) The Secretary may give a notice (an enrolment notice) to a

schooling requirement person about the person's child, requiring

the person to give the Secretary evidence (in accordance with the

notice) that the child is enrolled at a school as required by a law of

a State or Territory.

(2) Without limiting subsection (1), an enrolment notice may require

evidence of enrolment to be given in the form of a written or oral

statement by the schooling requirement person, or another person,

confirming enrolment.

(3) The enrolment notice must give details of:

(a) how to comply with the notice; and

(b) the initial period for compliance with the notice, and the

Secretary's power to extend that period (see subsections (4)

and (5)); and

the notice.

Schedule 1 Schooling requirements

Part 1 A mendment of Acts

10 Social Security and Veterans' Entitlements Legislation Amendment (Schooling

Requirements) Bill 2008 No. , 2008

Initial period for compliance

(4) The enrolment notice must state an initial period for compliance

with the notice of at least 14 days after the notice is given.

(5) The Secretary may extend the initial period for compliance stated

in the enrolment notice before or after the end of the stated period.

124G School enrolme nt--condition of schooling require ment

payments

(1) A schooling requirement payment is not payable to a schooling

requirement person if the person fails to comply with an enrolment

notice given to the person under section 124F.

(2) Subsection (1) does not apply to the schooling requirement person

in relation to an enrolment notice, as at a particular day, if:

(a) the initial compliance period stated in the notice (as

extended, if at all, under subsection 124F(5)) has not ended at

that day; or

(b) the Secretary is satisfied that:

(i) as at that day, the person has a reasonable excuse, as

determined in accordance with the schooling

requirement determination (if any), for failing to comply

with the enrolment notice; or

(ii) in the special circumstances of the case applying as at

that day, as determined in accordance with the

schooling requirement determination (if any), it is

appropriate that the subsection should not apply as at

that day.

(3) A schooling requirement payment cannot be suspended, or

cancelled, because of the application of subsection (1) except as

provided by section 124H.

(4) For a schooling requirement payment under the Veterans'

Entitlements Act:

(a) this section does not apply in relation to the grant of the

payment; but

(b) this section otherwise applies in relation to the payment.

Schooling requirements Schedule 1

Amend ment of Acts Part 1

Social Security and Veterans' Entitlements Legislation Amendment (Schooling Requirements) Bill

2008 No. , 2008 11

124H School enrolme nt--suspension or cancellation for

non-compliance with enrolme nt notice

Scope

(1) This section applies if, as at a particular day:

(a) a schooling requirement person has been given an enrolment

notice; and

(b) a schooling requirement payment is not payable to the person

because subsection 124G(1) applies to the person as at that

day.

Note:

Section 124G provides that a schooling requirement payment is

not payable to a person if he or she fails to comply with an

enrolment notice after the end of the initial compliance period

(unless he or she has a reasonable excuse or special

circumstances apply).

Suspension or cancellation of payment

(2) The Secretary must:

(a) if the payment has been suspended under this section for a

total period of 13 weeks or more (which need not be a

continuous period) in relation to compliance with the

enrolment notice--determine that the payment is to be

suspended or cancelled; or

(b) in any other case--determine that the payment is to be

suspended.

Payment may be suspended more than once

(3) The Secretary may make more than one determination under

subsection (2) in relation to compliance with a particular enrolment

notice.

Note:

Following suspension of a schooling requirement payment, the

payment may become payable again under section 124J. Subsection

124H(3) allows for a further suspension of the payment even after the

payment has become payable again.

Payment may be suspended even if not yet received

(4) The Secretary may suspend a schooling requirement person's

schooling requirement payment under this section even if the

person has not started to receive the payment.

Schedule 1 Schooling requirements

Part 1 A mendment of Acts

12 Social Security and Veterans' Entitlements Legislation Amendment (Schooling

Requirements) Bill 2008 No. , 2008

Note:

An enrolment notice may be given to a claimant for a schooling

requirement payment (see section 124 (Scope)). The claim may be

granted even if subsection 124G(1) applies to the person. However, in

that event, the Secretary must suspend the payment under this section

(before it has started).

124J School enrolment--when payments become payable after

suspension

Scope

(1) This section applies if, on a particular day (the reconsideration

day):

(a) a person's schooling requirement payment has been, and

remains, suspended under section 124H; and

(b) the Secretary has reconsidered the decision to suspend the

payment (whether on an application under section 129 or on

his or her own initiative); and

that, as at the reconsideration day, subsection 124G(1) no

longer applies to the person.

Note 1:

The cancellation of a schooling requirement payment may be

reconsidered under section 85.

Note 2:

Section 124G provides that a schooling requirement payment is not

payable to a person if he or she fails to comply with an enrolment

notice after the end of an initial compliance period (unless he or she

has a reasonable excuse or special circumstances apply).

Determination that payment is payable

(2) The Secretary must determine:

(a) that the schooling requirement payment is payable to the

schooling requirement person (subject to any other provision

of the social security law or the Veterans' Entitlements Act,

as the case requires); and

(b) that any arrears resulting from the operation of this section

are to be paid at a time, or times, stated in the determination

under this subsection (or worked out in accordance with that

determination).

Schooling requirements Schedule 1

Amend ment of Acts Part 1

Social Security and Veterans' Entitlements Legislation Amendment (Schooling Requirements) Bill

2008 No. , 2008 13

Entitlement to arrears--suspension for total period of up to 13

weeks

(3) If the payment has been suspended under section 124H for a total

period of less than 13 weeks (which need not be a continuous

period) in relation to compliance with a particular enrolment

notice, the date of effect of the determination under subsection (2)

is the day on which the latest suspension determination was made

under section 124H in relation to such compliance.

Note:

A schooling requirement payment may be suspended more than once

under section 124H (see subsection 124H(3)).

Entitlement to arrears--suspension for total period of 13 weeks or

more

(4) If subsection (3) does not apply, the date of effect of the

determination under subsection (2) is:

(a) the reconsideration day; or

(b) an earlier day stated by the Secretary in that determination to

be appropriate, in the special circumstances of the case

applying as at the reconsideration day, as determined in

accordance with the schooling requirement determination (if

any).

(5) For the purposes of subsection (4), the Secretary may vary a

determination under subsection (2) to state an earlier date of effect,

if the determination:

(a) does not include such a statement; or

(b) includes such a statement in relation to a later day.

How arrears are paid

(6) Arrears resulting from the operation of this section may be paid to

the person as a lump sum payment, a series of regular payments, or

otherwise, as provided by the determination under subsection (2).

(7) The person is entitled to a payment, or payments, of arrears arising

from the operation of this section at the time, or times, provided by

the determination under subsection (2).

Schedule 1 Schooling requirements

Part 1 A mendment of Acts

14 Social Security and Veterans' Entitlements Legislation Amendment (Schooling

Requirements) Bill 2008 No. , 2008

Non-application of general provisions for date of effect

(8) Division 9 of Part 3 (date of effect of determinations) does not

apply in relation to a determination under subsection (2).

Division 3--School attendance

124K School attendance--attendance notices

Scope

(1) This section applies if:

(a) a schooling requirement person's child is enrolled at a school

in a State or Territory; and

(b) a person responsible for the operation of the school gives the

Secretary written notice that:

(i) the child is failing to attend school, as required by the

law of that State or Territory, to the satisfaction of the

person responsible; and

(ii) the schooling requirement person is failing to take

reasonable steps to ensure that the child attends school,

as required by the law of that State or Territory, to the

satisfaction of the person responsible.

Attendance notice

(2) The Secretary may give a notice (an attendance notice) to the

schooling requirement person, requiring the person to take

reasonable steps, as determined in accordance with the schooling

requirement determination (if any), to ensure that the child attends

school as required by the law of that State or Territory.

(3) The attendance notice must give details of:

(a) how to comply with the notice; and

(b) the initial period for compliance with the notice, and the

Secretary's power to extend that period (under

subsections (4) and (5)); and

the notice.

Schooling requirements Schedule 1

Amend ment of Acts Part 1

Social Security and Veterans' Entitlements Legislation Amendment (Schooling Requirements) Bill

2008 No. , 2008 15

Initial period for compliance

(4) The attendance notice must state an initial period for compliance

with the notice of at least 28 days after the notice is given.

(5) The Secretary may extend the initial period for compliance stated

in the attendance notice before or after the end of the stated period.

124L School attendance--condition of schooling requirement

payments

(1) A schooling requirement payment is not payable to a schooling

requirement person if the person fails to comply with an attendance

notice given to the person under section 124K.

(2) Subsection (1) does not apply to the schooling requirement person

in relation to an attendance notice, as at a particular day, if:

(a) the initial compliance period stated in the notice (as

extended, if at all, under subsection 124K(5)) has not ended

at that day; or

(b) the Secretary is satisfied that:

(i) as at that day, the person has a reasonable excuse, as

determined in accordance with the schooling

requirement determination (if any), for failing to comply

with the attendance notice; or

(ii) in the special circumstances of the case applying as at

that day, as determined in accordance with the

schooling requirement determination (if any), it is

appropriate that the subsection should not apply as at

that day.

(3) A schooling requirement payment cannot be suspended, or

cancelled, because of the application of subsection (1) except as

provided by section 124M.

(4) For a schooling requirement payment under the Veterans'

Entitlements Act:

(a) this section does not apply in relation to the grant of the

payment; but

(b) this section otherwise applies in relation to the payment.

Schedule 1 Schooling requirements

Part 1 A mendment of Acts

16 Social Security and Veterans' Entitlements Legislation Amendment (Schooling

Requirements) Bill 2008 No. , 2008

124M School attendance--suspension or cancellation for

non-compliance with attendance notice

Scope

(1) This section applies if, as at a particular day:

(a) a schooling requirement person has been given an attendance

notice; and

(b) a schooling requirement payment is not payable to the person

because subsection 124L(1) applies to the person as at that

day.

Note:

Section 124L provides that a schooling requirement payment is not

payable to a person if he or she fails to comply with an attendance

notice after the end of the initial compliance period (unless he or she

has a reasonable excuse or special circumstances apply).

Suspension or cancellation of payment

(2) The Secretary must:

(a) if the payment has been suspended under this section for a

total period of 13 weeks or more (which need not be a

continuous period) in relation to compliance with the

attendance notice--determine that the payment is to be

suspended or cancelled; or

(b) in any other case--determine that the payment is to be

suspended.

Payment may be suspended more than once

(3) The Secretary may make more than one determination under

subsection (2) in relation to compliance with a particular

attendance notice.

Note:

Following suspension of a schooling requirement payment, the

payment may become payable again under section 124N. Subsection

124M(3) allows for a further suspension of the payment even after the

payment has become payable again.

Payment may be suspended even if not yet received

(4) The Secretary may suspend a schooling requirement person's

schooling requirement payment under this section even if the

person has not started to receive the payment.

Schooling requirements Schedule 1

Amend ment of Acts Part 1

Social Security and Veterans' Entitlements Legislation Amendment (Schooling Requirements) Bill

2008 No. , 2008 17

Note:

An attendance notice may be given to a claimant for a schooling

requirement payment (see section 124 (Scope)). The claim may be

granted even if subsection 124L(1) applies to the person. However, in

that event, the Secretary must suspend the payment under this section

(before it has started).

124N School attendance--when payments become payable after

suspension

Scope

(1) This section applies if, on a particular day (the reconsideration

day):

(a) a person's schooling requirement payment has been, and

remains, suspended under section 124M; and

(b) a person responsible for the operation of a school in a State

or Territory at which the person's child is enrolled gives the

Secretary written notice that the child is attending school, as

required by the law of that State or Territory, to the

satisfaction of the person responsible.

(2) This section also applies if, on a particular day (the

reconsideration day):

(a) a person's schooling requirement payment has been, and

remains, suspended under section 124M; and

(b) the Secretary has reconsidered the decision to suspend the

payment (whether on an application under section 129 or on

his or her own initiative); and

that, as at the reconsideration day, subsection 124L(1) no

longer applies to the person.

Note 1:

The cancellation of a schooling requirement payment may be

reconsidered under section 85.

Note 2:

Section 124L provides that a schooling requirement payment is not

payable to a person if he or she fails to comply with an attendance

notice after the end of an initial compliance period (unless he or she

has a reasonable excuse or special circumstances apply).

Determination that payment is payable

(3) The Secretary must determine:

(a) that the schooling requirement payment is payable to the

schooling requirement person (subject to any other provision

Schedule 1 Schooling requirements

Part 1 A mendment of Acts

18 Social Security and Veterans' Entitlements Legislation Amendment (Schooling

Requirements) Bill 2008 No. , 2008

of the social security law or the Veterans' Entitlements Act,

as the case requires); and

(b) that any arrears resulting from the operation of this section

are to be paid at a time, or times, stated in the determination

under this subsection (or worked out in accordance with that

determination).

Entitlement to arrears--suspension for total period of up to 13

weeks

(4) If the payment has been suspended under section 124M for a total

period of less than 13 weeks (which need not be a continuous

period) in relation to compliance with a particular attendance

notice, the date of effect of the determination under subsection (3)

is the day on which the latest suspension determination was made

under section 124M in relation to such compliance.

Note:

A schooling requirement payment may be suspended more than once

under section 124M (see subsection 124M(3)).

Entitlement to arrears--suspension for total period of 13 weeks or

more

(5) If subsection (4) does not apply, the date of effect of the

determination under subsection (3) is:

(a) the reconsideration day; or

(b) an earlier day stated by the Secretary in that determination to

be appropriate, in the special circumstances of the case

applying as at the reconsideration day, as determined in

accordance with the schooling requirement determination (if

any).

(6) For the purposes of subsection (5), the Secretary may vary a

determination under subsection (3) to state an earlier date of effect,

if the determination:

(a) does not include such a statement; or

(b) includes such a statement in relation to a later day.

How arrears are paid

(7) Arrears resulting from the operation of this section may be paid to

the person as a lump sum payment, a series of regular payments, or

Schooling requirements Schedule 1

Amend ment of Acts Part 1

Social Security and Veterans' Entitlements Legislation Amendment (Schooling Requirements) Bill

2008 No. , 2008 19

otherwise, in accordance with the determination under

subsection (3).

(8) The person is entitled to a payment, or payments, of arrears arising

from the operation of this section at the time, or times, provided by

the determination under subsection (3).

Non-application of general provisions for date of effect

(9) Division 9 of Part 3 (date of effect of determinations) does not

apply in relation to a determination under subsection (3).

Division 4--Information about schooling

124P Schooling require ments--information about schooling

(1) Despite any law (whether written or unwritten) in force in a State

or Territory:

(a) a State or Territory; or

(b) a non-government school authority; or

or more schools;

may, for the purposes of this Part, give the Secretary information

about the enrolment, or non-enrolment, of children at school.

(2) Despite any law (whether written or unwritten) in force in a State

or Territory:

(a) a State or Territory; or

(b) a non-government school authority; or

or more schools;

may, for the purposes of this Part, give the Secretary information

about the attendance, or non-attendance, of children at school.

7 Section 124

Renumber as section 124Q.

8 After paragraph 195(1)(ca)

Insert:

(cb) to facilitate the administration of Part 3C (schooling

requirements);

Schedule 1 Schooling requirements

Part 1 A mendment of Acts

20 Social Security and Veterans' Entitlements Legislation Amendment (Schooling

Requirements) Bill 2008 No. , 2008

9 At the end of subsection 195(2)

Add:

; (k) for the purposes of Part 3C (schooling requirements), in

relation to a schooling requirement child--any information

relevant to the child's past or present enrolment, or

attendance, at school (within the meaning of that Part).

10 Subsection 202(2A) (note)

Repeal the note.

11 Subsections 202(6) and (7)

Repeal the subsections, substitute:

Enrolment and attendance at school

(6) If protected information relates to a matter covered by

subsection (7), a person may do any of the following:

(a) obtain the information;

(b) make a record of the information;

operation of the relevant school, or any other school;

(d) otherwise use the information.

(7) This subsection covers matters in relation to the following:

(a) the enrolment, or non-enrolment, of a child at a school;

(b) a person whose child is, or is not, enrolled at a school;

(d) a person whose child is, or is not, attending a school.

(8) If a person does something under subsection (6) for the purposes of

Part 3C (schooling requirements), in subsection (6) or (7) of this

section the following terms have the same meaning as in Part 3C

(see section 124A):

(a) attendance (at a school);

(b) enrolment (at a school);

Note:

In addition to the requirements of this section, information disclosed

under this section must be dealt with in accordance with section 14 of

the Privacy Act 1988.

Schooling requirements Schedule 1

Amend ment of Acts Part 1

Social Security and Veterans' Entitlements Legislation Amendment (Schooling Requirements) Bill

2008 No. , 2008 21

12 Subclause 1(1) of Schedule 1

Insert:

attendance, at a school, for the purposes of Part 3C (schooling

requirements), has the meaning given by section 124A.

13 Subclause 1(1) of Schedule 1

Insert:

attendance notice has the meaning given by section 124K.

14 Subclause 1(1) of Schedule 1

Insert:

enrolment, at a school, for the purposes of Part 3C (schooling

requirements), has the meaning given by section 124A.

15 Subclause 1(1) of Schedule 1

Insert:

enrolment notice has the meaning given by section 124F.

16 Subclause 1(1) of Schedule 1

Insert:

person responsible, for the operation of a school, for the purposes

of Part 3C (schooling requirements), has the meaning given by

section 124A.

17 Subclause 1(1) of Schedule 1

Insert:

schooling requirement child has the meaning given by

section 124B.

18 Subclause 1(1) of Schedule 1

Insert:

schooling requirement determination has the meaning given by

section 124C.

19 Subclause 1(1) of Schedule 1

Schedule 1 Schooling requirements

Part 1 A mendment of Acts

22 Social Security and Veterans' Entitlements Legislation Amendment (Schooling

Requirements) Bill 2008 No. , 2008

Insert:

schooling requirement payment has the meaning given by

section 124D.

20 Subclause 1(1) of Schedule 1

Insert:

schooling requirement person has the meaning given by

section 124.

21 Subclause 5(2) of Schedule 2 (at the end of the definition

of exclusion period)

Add:

; and (f) if the payment is a schooling requirement payment within the

meaning of Part 3C--a period during which the payment is

suspended under section 124H or 124M.

Student Assistance Act 1973

22 Subsection 3(1) (definition of protected information)

Repeal the definition, substitute:

protected information means information about a person that:

(a) has been obtained for the purposes of this Act (including the

purposes of the administration of the ABSTUDY scheme);

and

(b) is held in the records of:

(i) the Department; or

(ii) a Department administered by a Minister responsible for

the administration of the Social Security Act 1991; or

(iii) the Agency.

23 At the end of subsection 343(1)

Add:

; or (e) for the purposes of the administration of the ABSTUDY

scheme--a child's past or present enrolment, or attendance,

at a school.

24 At the end of section 343

Schooling requirements Schedule 1

Amend ment of Acts Part 1

Social Security and Veterans' Entitlements Legislation Amendment (Schooling Requirements) Bill

2008 No. , 2008 23

Add:

(2) In subsection (1), the following terms have the same meaning as in

Part 3C (schooling requirements) of the Social Security

(Administration) Act 1999 (see section 124A of that Act):

(a) attendance (at a school);

(b) enrolment (at a school).

25 Section 348

After "this Act", insert "(including the purposes of the administration of

the ABSTUDY scheme)".

26 At the end of subsection 351(1)

Add "(including the purposes of the administration of the ABSTUDY

scheme)".

27 Paragraph 351(2)(d)

After "this Act", insert "(including the purposes of the administration of

the ABSTUDY scheme)".

28 At the end of section 351

Add:

Protected information about ABSTUDY scheme schooling

requirements

(4) If protected information relates to the enrolment (or

non-enrolment) or the attendance (or non-attendance) of a child at

a school, a person may do any of the following:

(a) obtain the information;

(b) make a record of the information;

operation of the school, or any other school;

(d) otherwise use the information.

(5) In subsection (4), the following terms have the same meaning as in

Part 3C (schooling requirements) of the Social Security

(Administration) Act 1999 (see section 124A of that Act):

(a) attendance (at a school);

(b) enrolment (at a school);

Schedule 1 Schooling requirements

Part 1 A mendment of Acts

24 Social Security and Veterans' Entitlements Legislation Amendment (Schooling

Requirements) Bill 2008 No. , 2008

Veterans' Entitlements Act 1986

29 Paragraph 36A(1)(d)

Repeal the paragraph, substitute:

(d) the pension is cancelled or suspended:

(i) under this Act (see sections 56E, 56EA, 56J and 56K);

(ii) under Part 3C (schooling requirements) of the Social

Security (Administration) Act 1999; or

Note:

See section 124E of the Social Security (Administration) Act

1999.

30 Paragraph 37A(1)(d)

Repeal the paragraph, substitute:

(d) the pension is cancelled or suspended:

(i) under this Act (see sections 56E, 56EA, 56J and 56K);

(ii) under Part 3C (schooling requirements) of the Social

Security (Administration) Act 1999; or

Note:

See section 124E of the Social Security (Administration) Act

1999.

31 Paragraph 38A(1)(d)

Repeal the paragraph, substitute:

(d) the pension is cancelled or suspended:

(i) under this Act (see sections 56E, 56EA, 56J and 56K);

(ii) under Part 3C (schooling requirements) of the Social

Security (Administration) Act 1999; or

Note:

See section 124E of the Social Security (Administration) Act

1999.

32 Paragraph 45B(1)(d)

Repeal the paragraph, substitute:

(d) the pension is cancelled or suspended:

Schooling requirements Schedule 1

Amend ment of Acts Part 1

Social Security and Veterans' Entitlements Legislation Amendment (Schooling Requirements) Bill

2008 No. , 2008 25

(i) under this Act (see sections 56E, 56EA, 56J and 56K);

(ii) under Part 3C (schooling requirements) of the Social

Security (Administration) Act 1999; or

Note:

See section 124E of the Social Security (Administration) Act

1999.

33 Subsection 125(1)

Omit "(1) Subject to this Act and Part 3B", substitute "Subject to this

Act and Parts 3B and 3C".

Schedule 1 Schooling requirements

Part 2 Application of amendments

26 Social Security and Veterans' Entitlements Legislation Amendment (Schooling

Requirements) Bill 2008 No. , 2008

Part 2

Application of amendments

34 Payments to which amendments apply

The amendments made by Part 1 of this Schedule apply in relation to a

schooling requirement payment (within the meaning of the Social

Security (Administration) Act 1999 as amended by this Act) whether it

is claimed, or granted, before, on or after the day on which the

amendments commence.

Commonwealth of Australia Bills

SOCIAL SECURITY AND VETERANS' ENTITLEMENTS LEGISLATION AMENDMENT (SCHOOLING REQUIREMENTS) BILL 2008