Overview

This book explores the legal meaning of the radical new laws which have transformed the social security system in the last decade. \nIt analyses legislation and case law and lays out the legal principles and concepts, which underpin the sweeping reforms, culminating in the ‘welfare reform’ package announced in the 2005 Budget. It also explores the policy foundations of these reforms and key administrative changes, such as the creation of a privatised ‘job network’ and of Centrelink as a ‘payment agency’ . \nThis book also explores the tension between traditional ‘protective’ functions of social security and the contemporary focus on ‘activation’, reciprocity and ‘capacity-building’, and the extent to which social changes have altered the form of Australian welfare. It reviews the history and transformation of the welfare state, the ideas about the nature of poverty and need, and the policy choices to be made. \nDetailed case studies are made of the law and policy affecting key groups such as the unemployed, people with illness or disability, and sole parents, as well as the administration and review rights of welfare recipients, and the workings of income and means tests.

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9781862879003

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Review of previous editions: I laugh at the suggestion that the 1991Act was designed to make it more accessible to persons without legal training . In that, the draftsmen have been, may I suggest, spectacularly unsuccessful. The Act remains difficult to interpret and follow and many Tribunal decisions seem to be inconsistent and of little help in identifying the likely result of any particular application.What the authors of this book have done, is to draw together the more prominent decisions in the many areas covered by the legislation and then suggest the likely interpretation to be applied by a Tribunal. ...I cannot emphasise too strongly, what an invaluable source of ready information this book contains on social security related issues. It should be seriously considered for every practitioner's library. - Tasmanian Law Society Newsletter

"Review of previous editions: I laugh at the suggestion that the 1991Act was designed to make it ""more accessible to persons without legal training"". In that, the draftsmen have been, may I suggest, spectacularly unsuccessful. The Act remains difficult to interpret and follow and many Tribunal decisions seem to be inconsistent and of little help in identifying the likely result of any particular application.What the authors of this book have done, is to draw together the more prominent decisions in the many areas covered by the legislation and then suggest the likely interpretation to be applied by a Tribunal. ...I cannot emphasise too strongly, what an invaluable source of ready information this book contains on social security related issues. It should be seriously considered for every practitioner's library. - Tasmanian Law Society Newsletter"

Review of previous editions: I laugh at the suggestion that the 1991Act was designed to make it more accessible to persons without legal training . In that, the draftsmen have been, may I suggest, spectacularly unsuccessful. The Act remains difficult to interpret and follow and many Tribunal decisions seem to be inconsistent and of little help in identifying the likely result of any particular application.What the authors of this book have done, is to draw together the more prominent decisions in the many areas covered by the legislation and then suggest the likely interpretation to be applied by a Tribunal. ...I cannot emphasise too strongly, what an invaluable source of ready information this book contains on social security related issues. It should be seriously considered for every practitioner's library. - Tasmanian Law Society Newsletter

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