The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

11.3.3.10 Locations that are declared child protection states & territories

Current declared child protection states & territories

Other than ACT and Tasmania, all states and territories are declared child protection states or territories under the SS(Admin)Act section 123TC-'declared child protection State or Territory'.

Act reference: SS(Admin)Act section 123TC-'declared child protection State or Territory'

Western Australia

A legislative instrument was made in January 2019 declaring WA to be a declared child protection state for the purposes of SS(Admin)Act Part 3B.

Act reference: SS(Admin)Act Part 3B Income management regime

Northern Territory

A legislative instrument was made in September 2020 declaring the NT to be a declared child protection territory for the purposes of SS(Admin)Act Part 3B.

Act reference: SS(Admin)Act Part 3B Income management regime

Queensland

A legislative instrument was made in June 2012 declaring Queensland to be a declared child protection territory for the purposes of SS(Admin)Act Part 3B.

Act reference: SS(Admin)Act Part 3B Income management regime

New South Wales

A legislative instrument was made in June 2012 declaring New South Wales to be a declared child protection territory for the purposes of SS(Admin)Act Part 3B.

Act reference: SS(Admin)Act Part 3B Income management regime

South Australia

A legislative instrument was made in June 2012 declaring South Australia to be a declared child protection territory for the purposes of SS(Admin)Act Part 3B.

Act reference: SS(Admin)Act Part 3B Income management regime

Victoria

A legislative instrument was made in June 2012 declaring Victoria to be a declared child protection territory for the purposes of SS(Admin)Act Part 3B.

Act reference: SS(Admin)Act Part 3B Income management regime

Deferral of sunsetting date

The legislative instrument declaring Queensland, New South Wales, South Australia and Victoria to be declared child protection territories for the purposes of SS(Admin)Act Part 3B (the Social Security (Administration) (Declared child protection State – New South Wales, Queensland, South Australia and Victoria) Determination 2012) was due to sunset on 1 October 2022.

A subsequent legislative instrument, the Legislation (Deferral of Sunsetting – Social Security (Administration) Instruments) Certificate 2022, which came into force on 30 September 2022, has deferred the sunset of this instrument until 1 October 2023.

Notices

Notices may be given by child protection workers based in these areas and may, in consultation with the delegate, extend to people whose usual place of residence is outside of the specified district, so long as a child protection worker is based within these areas.

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