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This is a Bill, not an Act. For current law, see the Acts databases.

EMPLOYMENT AND WORKPLACE RELATIONS AMENDMENT BILL 2008

2008
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Employment and Workplace Relations
Amendment Bill 2008
No. , 2008
(Employment and Workplace Relations)
A Bill for an Act to amend the law relating to
compensation and social security, and for other
purposes
i Employment and Workplace Relations Amendment Bill 2008 No. , 2008
Contents
1
Short title ............................................................................................ 1
2
Commencement .................................................................................. 1
3
Schedule(s) ......................................................................................... 2
Schedule 1--Amendme nts relating to compensation
4
Safety, Rehabilitation and Compensation Act 1988
4
Schedule 2--Amendme nts relating to social security
7
Part 1--General amendments
7
Social Security Act 1991
7
Social Security (Administration) Act 1999
12
Social Security (International Agreements) Act 1999
12
Social Security Legislation Amendment (2007 Budget Measures for
Students) Act 2007
13
Part 2--Amendments relating to the requirement to apply for
job vacancies
14
Div ision 1--A mend ments commencing on the day after Royal Assent
14
Social Security Act 1991
14
Div ision 2--A mend ments commencing on 1 July 2009
14
Social Security Act 1991
14
Employment and Workplace Relations Amendment Bill 2008 No. , 2008 1
A Bill for an Act to amend the law relating to
1
compensation and social security, and for other
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Employment and Workplace Relations
6
Amendment Act 2008.
7
2 Commence ment
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2 Employment and Workplace Relations Amendment Bill 2008 No. , 2008
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day on which this Act receives the
Royal Assent.
2. Schedule 1
The day after this Act receives the Royal
Assent.
3. Schedule 2,
items 1 to 25
The day after this Act receives the Royal
Assent.
4. Schedule 2,
items 26 to 32
1 January 2008.
1 January 2008
5. Schedule 2,
items 33 to 41
The day after this Act receives the Royal
Assent.
6. Schedule 2,
item 42
Immediately after the commencement of
item 18 of Schedule 2 to the Social Security
Legislation Amendment (2007 Budget
Measures for Students) Act 2007.
28 September
2007
7. Schedule 2,
Part 2, Division 1
The day after this Act receives the Royal
Assent.
8. Schedule 2,
Part 2, Division 2
1 Ju ly 2009.
However, if the Social Security Legislation
Amendment (Employment Services Reform)
Act 2008 does not receive the Royal Assent
before 1 July 2009, the provision(s) do not
commence at all.
Note:
This table relates only to the provisions of this Act as originally
1
passed by both Houses of the Parliament and assented to. It will not be
2
expanded to deal with provisions inserted in this Act after assent.
3
(2) Column 3 of the table contains additional information that is not
4
part of this Act. Information in this column may be added to or
5
edited in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
Employment and Workplace Relations Amendment Bill 2008 No. , 2008 3
concerned, and any other item in a Schedule to this Act has effect
1
according to its terms.
2
3
Schedule 1 A mendments relating to compensation
4 Employment and Workplace Relations Amendment Bill 2008 No. , 2008
1
Schedule 1
--
Amendments relating to
2
compensation
3
4
Safety, Rehabilitation and Compensation Act 1988
5
1 Subsection 13(1) (definition of relevant amount)
6
Omit "subsection 17(3), (4) or (5), paragraph 18(4)(a),", substitute
7
"paragraph 18(4)(a) or".
8
Note:
The heading to section 13 is altered by adding at the end "--Consumer Price Index".
9
2 After section 13
10
Insert:
11
13AA Indexation--Wage Price Index
12
Definitions
13
(1) In this section:
14
index number, in relation to a quarter, means:
15
(a) the Wage Price Index (total hourly rates of pay excluding
16
bonuses/all sectors/all Australia/original) number published
17
by the Australian Statistician in respect of that quarter; or
18
(b) if:
19
(i) a series of index numbers is prescribed for the purposes
20
of this paragraph; and
21
(ii) the Australian Statistician publishes an index number in
22
respect of the quarter; and
23
(iii) that index number belongs to the series;
24
that index number.
25
relevant amount means the amount specified in subsection 17(3),
26
(4) or (5).
27
relevant year means:
28
(a) the financial year starting on 1 July 2009; or
29
(b) a later financial year.
30
Amend ments relating to compensation Schedule 1
Employment and Workplace Relations Amendment Bill 2008 No. , 2008 5
Indexation
1
(2) If the indexation factor for a relevant year is greater than one, this
2
Act has effect as if for each relevant amount there were substituted,
3
on the first day of that relevant year, an amount calculated by
4
multiplying by that factor:
5
(a) if, because of one or more other applications of this section,
6
this Act has effect as if another amount or amounts were
7
substituted for the relevant amount--the substituted amount
8
or the last substituted amount; or
9
(b) in any other case--the relevant amount.
10
Indexation factor
11
(3) For the purposes of this section, the indexation factor for a
12
relevant year is the number calculated, to 3 decimal places, using
13
the formula:
14
Index number for the reference December quarter
Index number for the base December quarter
15
where:
16
base December quarter means the last December quarter before
17
the reference December quarter.
18
reference December quarter means the last December quarter
19
before the relevant year.
20
(4) If the number calculated under subsection (3) for a relevant year
21
would, if it were calculated to 4 decimal places, end with a number
22
greater than 4, the number so calculated is increased by 0.001.
23
Other provisions
24
(5) Subject to subsection (6), if at any time, whether before or after the
25
commencement of this section, the Australian Statistician has
26
published or publishes an index number for a quarter in
27
substitution for an index number previously published for that
28
quarter, the publication of the later index number is to be
29
disregarded for the purposes of this section.
30
Schedule 1 A mendments relating to compensation
6 Employment and Workplace Relations Amendment Bill 2008 No. , 2008
(6) If at any time, whether before or after the commencement of this
1
section, the Australian Statistician has changed or changes the
2
reference base for:
3
(a) the Wage Price Index; or
4
(b) another index;
5
then, for the purposes of the application of this section after the
6
change took place or takes place, regard is to be had only to the
7
index number published in terms of the new reference base.
8
3 Subsection 17(3)
9
Omit "$120,000", substitute "$400,000".
10
4 Paragraph 17(4)(a)
11
Omit "$120,000", substitute "$400,000".
12
5 Subsection 17(5)
13
Omit "$40", substitute "$110".
14
6 Application
--
compensation for the benefit of dependants
15
(1)
The amendments made by items 1 and 2, to the extent that they relate to
16
subsections 17(3) and (4) of the Safety, Rehabilitation and
17
Compensation Act 1988, apply in relation to the death of an employee
18
that occurs at or after the commencement of this item.
19
(2)
The amendments made by items 3 and 4 apply in relation to the death of
20
an employee that occurs at or after the commencement of this item.
21
7 Application
--
compensation for the benefit of children
22
(1)
The amendments made by items 1 and 2, to the extent that they relate to
23
subsection 17(5) of the Safety, Rehabilitation and Compensation Act
24
1988, apply in relation to a payment for a week that begins at or after
25
the commencement of this item.
26
(2)
The amendment made by item 5 applies in relation to a payment for a
27
week that begins at or after the commencement of this item.
28
29
Amend ments relating to social security Schedule 2
General amendments Part 1
Employment and Workplace Relations Amendment Bill 2008 No. , 2008 7
1
Schedule 2
--
Amendments relating to social
2
security
3
Part 1
--
General amendments
4
Social Security Act 1991
5
1 Subsection 5(8A)
6
Omit "subsection 37(3)", substitute "section 37".
7
2 Subsection 5(9)
8
Repeal the subsection.
9
3 Section 15
10
Repeal the section.
11
4 Subsection 17(1) (definition of payment for a period)
12
Repeal the definition.
13
5 Subsection 17(3A)
14
Repeal the subsection.
15
6 Subsection 23(1) (definition of receive)
16
Omit "(3),".
17
7 Subsection 23(1) (definition of receive)
18
After "(4),", insert "(4A) and".
19
8 Subsection 23(1) (definition of receive)
20
Omit "and (4AB)".
21
9 Subsection 37(3)
22
Omit "(3)".
23
10 Paragraph 38B(6)(b)
24
Repeal the paragraph, substitute:
25
Schedule 2 A mendments relating to social security
Part 1 General amendments
8 Employment and Workplace Relations Amendment Bill 2008 No. , 2008
(b) the period was a compliance penalty period that applied to
1
the person in respect of the income support payment; or
2
(c) subsection 547AA(1), 615(1) or 771HF(1) applied to the
3
person in respect of the income support payment for the
4
duration of the period.
5
11 Subparagraph 408BA(2)(e)(ii)
6
Omit "throughout the period, she".
7
12 Subsection 500(1) (note 2)
8
Omit "section 1208A", substitute "section 10 of the Social Security
9
(International Agreements) Act 1999".
10
13 Section 500B
11
Omit "who is a member of a couple".
12
Note:
The heading to section 500B is altered by omitting "affecting member of couple".
13
14 At the end of Subdivision A of Division 1 of Part 2.14
14
Add:
15
676A Assurance of support
16
A person is not qualified for sickness allowance in respect of a
17
period if the Secretary is satisfied that throughout the period:
18
(a) an assurance of support was in force in respect of the person
19
(the assuree); and
20
(b) the person who gave the assurance of support was willing
21
and able to provide an adequate level of support to the
22
assuree; and
23
(c) it was reasonable for the assuree to accept that support.
24
Note:
For assurance of support see subsection 23(1).
25
15 Paragraph 685(2)(a)
26
Omit "that the Secretary has required the person to undertake under
27
section 697", substitute "that the person is undertaking as mentioned in
28
paragraph 667(3)(b)".
29
16 Subsection 1061EE(6) (paragraph (b) of the definition of
30
fortnightly payment rate)
31
Amend ments relating to social security Schedule 2
General amendments Part 1
Employment and Workplace Relations Amendment Bill 2008 No. , 2008 9
Omit "youth allowance, austudy payment,".
1
17 Subsection 1061EE(6) (at the end of the definition of
2
fortnightly payment rate)
3
Add:
4
; or (c) in relation to youth allowance--the fortnightly rate of that
5
benefit payable under the Youth Allowance Rate Calculator
6
to the person on the last payday before the application for the
7
advance payment was made, excluding any amount payable
8
by way of remote area allowance; or
9
(d) in relation to austudy payment--the fortnightly rate of that
10
benefit payable under the Austudy Payment Rate Calculator
11
to the person on the last payday before the application for the
12
advance payment was made, excluding any amount payable
13
by way of remote area allowance.
14
18 Subsection 1067G(3)
15
Repeal the subsection.
16
19 After point 1067G-D1
17
Insert:
18
1067G-D2 If:
19
(a) an amount by way of youth disability supplement is to be
20
added to a person's rate of youth allowance under point
21
1067G-D1; and
22
(b) the sum of:
23
(i) the person's maximum basic rate of youth allowance;
24
and
25
(ii) the amount of youth disability supplement;
26
would exceed the maximum basic rate of newstart allowance
27
for a person with a partial capacity to work;
28
the rate of youth disability supplement is to be reduced (but not
29
below zero) by the amount of the excess.
30
Note:
For partial capacity to work, see section 16B.
31
20 Point 1068-A1 (note 1)
32
Omit "Step 8", substitute "step 6".
33
Schedule 2 A mendments relating to social security
Part 1 General amendments
10 Employment and Workplace Relations Amendment Bill 2008 No. , 2008
21 Point 1068-A1 (note 3)
1
Omit "Step 8 only if the person's rate of benefit after Step 5 is greater
2
than nil", substitute "paragraph (c) of step 7 only if the conditions in
3
point 1068-J1 are satisfied".
4
22 Point 1068-B1 (note 4)
5
Repeal the note.
6
23 Point 1068-B1 (note 5)
7
Omit "the other rates", substitute "the rates in column 3".
8
24 Point 1068-B1 (note 6)
9
Repeal the note.
10
25 Point 1068-B2
11
Omit "1, 2, 3, 4 and 5", substitute "3, 4, 4A and 4B".
12
26 Paragraph 1070X(1)(b)
13
Repeal the paragraph, substitute:
14
(b) either:
15
(i) is receiving a social security benefit the rate of which is
16
increased to take account of rent; or
17
(ii) is receiving a designated ABSTUDY payment, or would
18
be receiving such a payment but for the partner's
19
income.
20
27 At the end of subsection 1070X(1)
21
Add:
22
Note 1:
See also subsections 23(4A) and (4AA).
23
Note 2:
For designated ABSTUDY payment, see subsection (5).
24
28 Paragraph 1070X(2)(b)
25
Repeal the paragraph, substitute:
26
(b) either:
27
(i) is receiving a social security benefit the rate of which is
28
increased to take account of rent; or
29
Amend ments relating to social security Schedule 2
General amendments Part 1
Employment and Workplace Relations Amendment Bill 2008 No. , 2008 11
(ii) is receiving a designated ABSTUDY payment, or would
1
be receiving such a payment but for the partner's
2
income.
3
29 At the end of subsection 1070X(2)
4
Add:
5
Note 1:
See also subsections 23(4A) and (4AA).
6
Note 2:
For designated ABSTUDY payment, see subsection (5).
7
30 Paragraph 1070X(3)(b)
8
Repeal the paragraph, substitute:
9
(b) either:
10
(i) is receiving a social security benefit the rate of which is
11
increased to take account of rent; or
12
(ii) is receiving a designated ABSTUDY payment, or would
13
be receiving such a payment but for the partner's
14
income.
15
31 At the end of subsection 1070X(3)
16
Add:
17
Note 1:
See also subsections 23(4A) and (4AA).
18
Note 2:
For designated ABSTUDY payment, see subsection (5).
19
32 At the end of section 1070X
20
Add:
21
Austudy Payment Rate Calculator
22
(4) If the rate of a person's social security payment is to be calculated
23
in accordance with the Austudy Payment Rate Calculator, the
24
person's partner has a rent increased benefit if the partner:
25
(a) is living with the person in their home; and
26
(b) either:
27
(i) is receiving a social security benefit the rate of which is
28
increased to take account of rent; or
29
(ii) is receiving a designated ABSTUDY payment, or would
30
be receiving such a payment but for the partner's
31
income.
32
Note 1:
See also subsections 23(4A) and (4AA).
33
Schedule 2 A mendments relating to social security
Part 1 General amendments
12 Employment and Workplace Relations Amendment Bill 2008 No. , 2008
Note 2:
For designated ABSTUDY payment, see subsection (5).
1
Designated ABSTUDY payment
2
(5) For the purposes of this section, a designated ABSTUDY payment
3
is a payment under the scheme known as the ABSTUDY scheme:
4
(a) the rate of which is increased to take account of rent; and
5
(b) that includes an amount identified as living allowance.
6
33 Subsection 1188F(7)
7
Omit "occurs", substitute "does not fall".
8
34 Section 1190 (table item 3)
9
Repeal the item.
10
Social Security (Administration) Act 1999
11
35 Subsection 18(2)
12
Omit "for which special employment advance is not payable", substitute
13
"for which the entitlement is not payable".
14
Social Security (International Agreements) Act 1999
15
36 Paragraph 10(1)(d)
16
Omit "but for the operation of", substitute "if the following provisions
17
had not been enacted".
18
37 Subparagraph 10(1)(d)(i)
19
Omit "or" (last occurring).
20
38 Subparagraph 10(1)(d)(ii)
21
Omit "Act to the extent that it requires a person to have been in
22
Australia for the period specified in the subparagraph; or", substitute
23
"Act;".
24
39 Paragraph 10(1)(e)
25
Repeal the paragraph, substitute:
26
Amend ments relating to social security Schedule 2
General amendments Part 1
Employment and Workplace Relations Amendment Bill 2008 No. , 2008 13
(e) in determining whether the person is qualified for parenting
1
payment, assume that the provisions referred to in
2
paragraph (d) had not been enacted; and
3
40 Paragraph 10(2)(c)
4
Omit "but for the operation of subparagraph 500(1)(d)(ii) of the Social
5
Security Act 1991 to the extent it requires a person to have been in
6
Australia for the period specified in the subparagraph", substitute "if
7
subparagraph 500(1)(d)(ii) of the Social Security Act 1991 had not been
8
enacted".
9
41 Paragraph 10(2)(d)
10
Repeal the paragraph, substitute:
11
(d) in determining whether the person is qualified for parenting
12
payment, assume that subparagraph 500(1)(d)(ii) of the
13
Social Security Act 1991 had not been enacted; and
14
Social Security Legislation Amendment (2007 Budget
15
Measures for Students) Act 2007
16
42 Item 18 of Schedule 2
17
Repeal the item, substitute:
18
18 Application
19
The amendments made by items 13 to 17 of this Schedule apply in
20
relation to the calculation of the daily rate of Austudy payment for each
21
of the following days:
22
(a) 1 January 2008;
23
(b) a later day.
24
25
Schedule 2 A mendments relating to social security
Part 2 A mend ments relating to the requirement to apply for job vacancies
14 Employment and Workplace Relations Amendment Bill 2008 No. , 2008
1
Part 2
--
Amendments relating to the requirement to
2
apply for job vacancies
3
Division 1
--
Amendments commencing on the day after
4
Royal Assent
5
Social Security Act 1991
6
43 Paragraph 541A(g)
7
Omit "subsection 541C(1)", substitute "subsection 550A(1)".
8
44 Paragraph 541A(h)
9
Omit "subsection 541C(2)", substitute "subsection 550A(2)".
10
Division 2
--
Amendments commencing on 1 July 2009
11
Social Security Act 1991
12
45 Paragraph 541A(g)
13
Omit "subsection 550A(1)", substitute "subsection 42F(1) of the
14
Administration Act".
15
46 Paragraph 541A(h)
16
Omit "subsection 550A(2)", substitute "subsection 42F(2) of the
17
Administration Act".
18

 

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