Sue Lines (WA, Deputy-President) Share this | Hansard source

I will now deal with the amendment circulated by Senator Patrick. The question now is that amendments (1) to (6) on sheet 1171 circulated by Senator Patrick be agreed to.

Senator Patrick's circulated amendments—

(1) Schedule 1, page 19 (after line 26), after item 79, insert:

79A Subsection 124PHB(2)

Repeal the subsection, substitute:

Form of application

(2) The application must:

(a) be made in writing using a form approved by the Secretary; and

(b) be accompanied by the documents and other information required by the form.

79B After subsection 124PHB(3)

Insert:

(3A) If:

(a) the person has a disability or the person provides care to one or more other persons (other than as a parent); and

(b) the Secretary is satisfied that, because of that disability or the provision of that care, the person is unable to demonstrate reasonable and responsible management of the person's affairs (including financial affairs), taking into account all of the matters referred to in paragraph (3)(a); and

(c) the Secretary is satisfied that the person has reasonable and responsible management of the person's affairs (including financial affairs), taking into account all of those matters;

then paragraph (3)(a) is taken to have been met in relation to the person.

79C After subsection 124PHB(4)

Insert:

(4A) If the Secretary has not made a decision on a person's application at the end of the period of 60 days beginning on the day after subsection (2) is satisfied in relation to the application, then the Secretary is taken to have made a determination under subsection (3) that the person is not a program participant.

79D Subsection 124PHB(8)

After "subsection (3)", insert "(including because of the operation of subsection (4A))".

(2) Schedule 1, item 87, page 22 (line 11), omit "notifiable instrument", substitute "legislative instrument".

(3) Schedule 1, item 87, page 22 (line 20), omit "notifiable instrument", substitute "legislative instrument".

(4) Schedule 1, page 23 (after line 13), after item 92, insert:

92A Paragraph 124PJ(4)(a)

Repeal the paragraph, substitute

(a) the Secretary is satisfied that the person is unable to use the person's debit card that was issued to the person and that is attached to the person's welfare restricted bank account, or is unable to access that account, as a direct result of:

(i) a technological fault or malfunction with that card or account; or

(ii) a power or communications outage; or

(iii) a natural disaster; or

(iv) if a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) is in force—an emergency to which the declaration relates; or

(5) Schedule 1, page 23 (before line 14), before item 93, insert:

92B At the end of Subdivision B of Division 3 of Part 3D

Add:

124PMA Transfer of funds from welfare restricted bank account

(1) For a person who is a program participant or voluntary participant, the Secretary may make a determination that the person is permitted to transfer a specified amount from the person's welfare restricted bank account to another bank account.

(2) The Secretary may make a determination under subsection (1) only if the Secretary is satisfied that the person is unable to use the person's debit card that was issued to the person and that is attached to the person's welfare restricted bank account as a direct result of a matter covered by paragraph 124PJ(4)(a).

(3) A determination under subsection (1) is not a legislative instrument.

(6) Schedule 1, page 30 (after line 31), after item 98, insert:

98A Application provision—exiting cashless welfare arrangements

The repeal and substitution of subsection 124PHB(2) of the Social Security (Administration) Act 1999 made by this Part, and subsections 124PHB(3A) and (4A) of that Act as inserted by this Part, apply in relation to applications made on or after the commencement of this item.