Document ID: chunk:federal_register_of_legislation:C2010A00093:clause:2_123uga
Version: federal_register_of_legislation:C2010A00093
Segment Type: clause
Provision Reference: sch 2 cl 123UGA
Character Range: 22204–24728

123UGA  Vulnerable welfare payment recipients

Determination by Secretary
 (1) The Secretary may, by writing, determine that a person is a vulnerable welfare payment recipient for the purposes of this Part.
 (2) In making a determination under subsection (1), the Secretary must comply with any decision‑making principles set out in a legislative instrument made by the Minister for the purposes of this subsection.

Duration of determination
 (3) A determination made under subsection (1):
 (a) comes into force:
 (i) on the day on which it is made; or
 (ii) if a later day is specified in the determination—on that later day; and
 (b) remains in force (unless earlier revoked):
 (i) for 12 months; or
 (ii) if a shorter period is specified in the determination—for that shorter period.

New determinations
 (4) If a determination made under subsection (1) is, or has been, in force in relation to a person, subsection (3) does not prevent the Secretary from making a new determination under subsection (1) in relation to that person.

Variation and revocation
 (5) The Secretary may, by writing, vary or revoke a determination made under subsection (1):
 (a) on his or her own initiative; or
 (b) on request made under subsection (8).
 (6) In deciding whether to vary or revoke a determination made under subsection (1), the Secretary must comply with any decision‑making principles set out in an instrument made for the purposes of subsection (2).
 (7) Subsection (5) does not limit the application of subsection 33(3) of the Acts Interpretation Act 1901 to other instruments under this Act.

Request to reconsider circumstances
 (8) Subject to subsection (9), if a determination made under subsection (1) is in force in relation to a person, the person may request the Secretary to:
 (a) reconsider the person's circumstances; and
 (b) vary, or revoke, the determination.
 (9) A person must not make a request under subsection (8) in relation to a determination if, at any time during the preceding period of 90 days, the person has made a request under that subsection in relation to the same determination.
 (10) If a person makes a request under subsection (8), the Secretary must reconsider the person's circumstances unless the request was made in contravention of subsection (9).

Determination not a legislative instrument
 (11) A determination made under subsection (1) is not a legislative instrument.

Subdivision BB—Additional provisions relating to disengaged youth and long‑term welfare payment recipients