18.08.2011

Background

12.4 The Commonwealth has provided family allowances since 1941.[1] The current framework for family assistance comprises a range of payments and is primarily governed by two statutes: A New Tax System (Family Assistance) Act 1999 (Cth) and A New Tax System (Family Assistance) (Administration) Act 1999 (Cth). In this Discussion Paper, these are referred to as the Family Assistance Act and the Family Assistance (Administration) Act respectively.

12.5 Family assistance legislation was introduced to ‘simplify the structure and delivery of assistance for families’[2] by establishing one body to administer a consolidated set of payments, which all have ‘similar eligibility rules’.[3] This body is the Family Assistance Office (FAO)—the ‘delivery point’ for family assistance payments.[4]

12.6 Family assistance payments play a significant role in supporting low-income families,[5] and comprise a range of types, including: FTB;[6] baby bonus;[7] maternity immunisation allowance;[8] CCB;[9] child care rebate;[10] and FTB advance.[11] As of 1 January 2011, paid parental leave is available. In addition to these payments, the FAO offers other types of support, such as rent assistance.[12] FTB is the ‘centrepiece’ of family assistance.[13]

12.7 The FAO operates under governance of the Department of Human Services (DHS).[14] The Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) ‘develops policy and implements and monitors the performance of a range of budget measures’ including family assistance.[15] While Centrelink administers family assistance payments on behalf of the FAO,[16] the FAO provides a range of ‘first-point-of-contact services’, including:

  • operating an FAO call centre;
  • assisting with family assistance enquiries;
  • providing information about payment options;
  • receiving claim forms; and
  • making appointments with other FAO staff for complex enquiries and interviews.[17]

12.8 The Family Assistance Guide is available online at the FaHCSIA website.[18] As noted in Chapters 5 and 9, guides, as articulations of policy, are not binding in law, but nonetheless are a relevant consideration for the decision maker. Centrelink also uses electronic guidelines, referred to as the e-Reference, as a further procedural resource. The e-Reference is not generally publicly available.[19]

12.9 Family assistance legislation does not include objects. However, the Family Assistance Guide sets out the key administrative principles in the administration of the Family Assistance Act. One of these principles is that the Family Assistance Act is beneficial legislation, which means that ‘where legislative ambiguities arise in the Act, the legislation should be interpreted in a way that is most beneficial to applicants/recipients as a whole’.[20]

[1] P Whiteford and G Angenent, The Australian System of Social Protection: An Overview (2001), 12.

[2] Commonwealth, Parliamentary Debates, Senate, 24 May 1999, 5170 (I Campbell).

[3] Commonwealth, Parliamentary Debates, House of Representatives, 9 June 1999, 6417 (W Truss—Minister of Agriculture, Fisheries and Forestry).

[4] Department of Families, Housing, Community Services and Indigenous Affairs, Family Assistance Guide <http://www.fahcsia.gov.au/guides_acts/> at 22 July 2011, [1.3].

[5] See Australian Institute of Health and Welfare, Australia’s Welfare 2005 (2005), 75.

[6]A New Tax System (Family Assistance) Act 1999 (Cth) pt 3 div 1.

[7] Ibid pt 3 div 2.

[8] Ibid pt 3 div 3.

[9] Ibid pt 3 div 4.

[10] Ibid pt 3 div 5.

[11] Ibid s 3(1), definition of ‘family assistance’.

[12] Family Assistance Office, What Payments We Offer <http://www.familyassist.gov.au/payments> at 16 February 2011.

[13] Ministerial Taskforce on Child Support, In the Best Interests of Children—Reforming the Child Support Scheme (2005), [4.1].

[14] Department of Families, Housing, Community Services and Indigenous Affairs, Family Assistance Guide <http://www.fahcsia.gov.au/guides_acts/> at 22 July 2011, [1.3].

[15] FaHCSIA, Annual Report 2009–10 (2010), Ch 3.

[16] Child Support Agency, Website <http://www.csa.gov.au> at 7 March 2011.

[17] Department of Families, Housing, Community Services and Indigenous Affairs, Family Assistance Guide <http://www.fahcsia.gov.au/guides_acts/> at 22 July 2011, [1.3].

[18] Ibid.

[19] In writing this Discussion Paper, the ALRC was provided with an extract from the e-Reference, which is discussed in Ch 11.

[20] Department of Families, Housing, Community Services and Indigenous Affairs, Family Assistance Guide <http://www.fahcsia.gov.au/guides_acts/> at 22 July 2011, [1.4].