Social Security Point-in-Time Service Updates

Tuesday 22 December 2020 @ 1.08 p.m.

The Social Security Point-in-Time Service has been updated to include the Services Australia Governance Amendment Act 2020 (Cth) (Act 104 of 2020), the Social Services and Other Legislation Amendment (Omnibus) Act 2020 (Cth) (Act 107 of 2020) and the Family Law Amendment (Western Australia De Facto Superannuation Splitting and Bankruptcy) Act 2020 (Cth) (Act 112 of 2020).

Act 104 of 2020

Schedule 1 makes consequential amendments to legislation as a result of the establishment of Services Australia an Executive Agency under the Public Service Act on 1 February 2020. The new Executive Agency replaced the former Department of State named Services Australia, which was formerly the Department of Human Services. Schedule 2 makes governance changes for Services Australia.

Act 107 of 2020

Schedule 1 amends the Social Security (Administration) Act 1999 so that the provisions that establish offences for providing false and misleading statements or documents capture circumstances when the information is not provided to a natural person. This will ensure that, for example, a recklessly false statement a person makes in an online claim that is assessed through an automated process can be a contravention of the offence provisions.

Schedule 2 makes amendments that would require person served with a formal notice or summons by a Royal Commission to produce documents or information, or give evidence, to comply with that requirement even if the document or information is protected by secrecy provisions in those Acts. The amendments will ensure that the production or disclosure of the protected information, or giving of evidence including the protected information, will not breach confidentiality provisions of those Acts.

Schedule 3 makes technical amendments to social services legislation to correct errors and anomalies; and repeal obsolete provisions; and consequential amendments to other Acts.

Act 112 of 2020

An Act to give effect to a referral of power from Western Australia to the Commonwealth in respect of superannuation matters in family law proceedings for separating de facto couples in Western Australia.

The Act will also extend federal bankruptcy jurisdiction to the Family Court of Western Australia to hear bankruptcy proceedings concurrently with family law proceedings, where appropriate.

These amendments have been updated in the Point-in-Time Social Security Service current to 14 December 2020. (NB: Subscription required).

If you are not already a subscriber to this or other Point-in-Time Services then please contact us to find out more or to take a free trial