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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017-2018
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Social Security Legislation Amendment
(Community Development Program) Bill
2018
No. , 2018
(Indigenous Affairs)
A Bill for an Act to amend the law relating to social
security, and for related purposes
No. , 2018
Social Security Legislation Amendment (Community Development
Program) Bill 2018
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 3
Schedule 1--Amendments
4
Part 1--Main amendments
4
Social Security Act 1991
4
Social Security (Administration) Act 1999
7
Part 2--Consequential amendments
10
Farm Household Support Act 2014
10
Social Security Act 1991
10
Social Security (Administration) Act 1999
11
Part 3--Contingent amendments
15
Division 1--First contingency
15
Social Security (Administration) Act 1999
15
Division 2--Second contingency
15
Social Security (Administration) Act 1999
15
Part 4--Application, saving and transitional provisions
16
No. , 2018
Social Security Legislation Amendment (Community Development
Program) Bill 2018
1
A Bill for an Act to amend the law relating to social
1
security, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Social Security Legislation Amendment (Community
5
Development Program) Act 2018.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Social Security Legislation Amendment (Community Development
Program) Bill 2018
No. , 2018
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1,
Parts 1 and 2
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
3. Schedule 1,
Part 3, Division 1
At the same time as the provisions covered
by table item 2.
However, the provisions do not commence
at all if Part 1 of Schedule 1 to the Social
Services Legislation Amendment (Drug
Testing Trial) Act 2018 commences before
that time.
4. Schedule 1,
Part 3, Division 2
Immediately after the commencement of the
provisions covered by table item 2.
However, the provisions do not commence
at all unless Part 1 of Schedule 1 to the
Social Services Legislation Amendment
(Drug Testing Trial) Act 2018 commences
before that time.
5. Schedule 1,
Part 4
At the same time as the provisions covered
by table item 2.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
No. , 2018
Social Security Legislation Amendment (Community Development
Program) Bill 2018
3
3 Schedules
1
Legislation that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
Schedule 1 Amendments
Part 1 Main amendments
4
Social Security Legislation Amendment (Community Development
Program) Bill 2018
No. , 2018
Schedule 1--Amendments
1
Part 1--Main amendments
2
Social Security Act 1991
3
1 Subsection 23(1)
4
Insert:
5
subsidised employment has the meaning given by section 42AEA
6
of the Administration Act.
7
2 Subsection 94A(2)
8
Omit "or 94F", substitute ", 94F or 94G".
9
3 After section 94F
10
Insert:
11
94G Declared program participant in subsidised employment
12
A person is covered by a participation exemption for a period if the
13
person is a declared program participant, and is in subsidised
14
employment, throughout the period.
15
Note:
For declared program participant and subsidised employment, see
16
subsection 23(1).
17
4 Section 501E (heading)
18
Omit "in cases of domestic violence etc.".
19
5 Section 501E
20
Omit "or 502D", substitute ", 502D or 502L".
21
6 At the end of Division 3A of Part 2.10
22
Add:
23
Amendments Schedule 1
Main amendments Part 1
No. , 2018
Social Security Legislation Amendment (Community Development
Program) Bill 2018
5
502L Declared program participant in subsidised employment
1
A person is covered by a participation exemption under this
2
Division in respect of a period if the person is a declared program
3
participant, and is in subsidised employment, throughout the
4
period.
5
Note:
For declared program participant and subsidised employment, see
6
subsection 23(1).
7
7 At the end of section 542
8
Add:
9
; or (g) the person has a subsidised employment exemption under
10
section 542J.
11
8 At the end of Subdivision C of Division 1 of Part 2.11
12
Add:
13
542J Subsidised employment exemption
14
A person has a subsidised employment exemption in respect of a
15
period if the person is a declared program participant, and is in
16
subsidised employment, throughout the period.
17
Note:
For declared program participant and subsidised employment, see
18
subsection 23(1).
19
9 After paragraph 544A(2)(bb)
20
Insert:
21
(bc) has a subsidised employment exemption under section 542J;
22
or
23
10 At the end of section 544E
24
Add:
25
; or (c) has a subsidised employment exemption under section 542J.
26
11 Subsection 601(1) (before paragraph (a) of note 1)
27
Insert:
28
(aa) section 602BA (declared program participant in subsidised
29
employment);
30
Schedule 1 Amendments
Part 1 Main amendments
6
Social Security Legislation Amendment (Community Development
Program) Bill 2018
No. , 2018
12 After section 602B
1
Insert:
2
602BA Relief from activity test--declared program participant in
3
subsidised employment
4
A person is not required to satisfy the activity test in respect of a
5
period if the person is a declared program participant, and is in
6
subsidised employment, throughout the period.
7
Note:
For declared program participant and subsidised employment, see
8
subsection 23(1).
9
13 Subsection 605(2C)
10
After "602B,", insert "602BA,".
11
14 Section 607C (heading)
12
Omit "in cases of domestic violence etc.".
13
15 Section 607C
14
After "602B", insert ", 602BA".
15
16 At the end of Subdivision AA of Division 1 of Part 2.15
16
Add:
17
731KB Relief from activity test--declared program participant in
18
subsidised employment
19
A person is not required to satisfy the activity test in respect of a
20
period if the person is a declared program participant, and is in
21
subsidised employment, throughout the period.
22
Note:
For declared program participant and subsidised employment, see
23
subsection 23(1).
24
17 Subsection 731L(3)
25
Omit "or 731JA", substitute ", 731JA or 731KB".
26
18 Section 731R (heading)
27
Omit "in cases of domestic violence etc.".
28
Amendments Schedule 1
Main amendments Part 1
No. , 2018
Social Security Legislation Amendment (Community Development
Program) Bill 2018
7
19 Section 731R
1
Omit "or 731DB", substitute ", 731DB or 731KB".
2
Social Security (Administration) Act 1999
3
20 Section 42AB
4
Repeal the section.
5
21 At the end of section 42AC
6
Add:
7
Exception
8
(5) A person does not commit a mutual obligation failure if:
9
(a) the person is a declared program participant; and
10
(b) paragraph (1)(a), (b), (c), (d), (e), (f), (g), (h) or (i) applies
11
while the person is in subsidised employment.
12
Note:
For subsidised employment, see section 42AEA.
13
22 Section 42AD
14
Before "A person", insert "(1)".
15
23 At the end of section 42AD
16
Add:
17
Exceptions
18
(2) A person does not commit a work refusal failure if:
19
(a) the person is a declared program participant; and
20
(b) the person refuses or fails to accept an offer of subsidised
21
employment.
22
Note:
For subsidised employment, see section 42AEA.
23
(3) A person does not commit a work refusal failure if:
24
(a) the person is a declared program participant; and
25
(b) the person is in subsidised employment; and
26
(c) the person refuses or fails to accept an offer of suitable
27
employment.
28
Schedule 1 Amendments
Part 1 Main amendments
8
Social Security Legislation Amendment (Community Development
Program) Bill 2018
No. , 2018
24 Before subsection 42AE(3)
1
Insert:
2
Exceptions
3
25 At the end of section 42AE
4
Add:
5
(4) A person does not commit an unemployment failure if:
6
(a) the person is a declared program participant; and
7
(b) the employment to which the voluntary act or misconduct
8
related was subsidised employment.
9
Note:
For subsidised employment, see section 42AEA.
10
26 At the end of Subdivision B of Division 3AA of Part 3
11
Add:
12
42AEA Subsidised employment
13
(1) For the purposes of this Act, subsidised employment means
14
employment in respect of which a subsidy of a kind determined in
15
an instrument under subsection (2) is payable, or has been paid, by
16
the Commonwealth.
17
(2) The Secretary of the Department administered by the Minister
18
administering this Subdivision may, by legislative instrument,
19
determine a kind of subsidy for the purposes of subsection (1).
20
(3) The instrument may also make provision in relation to the
21
operation of this Division in respect of a person who is a declared
22
program participant who commences subsidised employment at a
23
particular time, where the person committed a mutual obligation
24
failure, work refusal failure or unemployment failure before that
25
time.
26
27 Division 3A of Part 3
27
Repeal the Division.
28
Amendments Schedule 1
Main amendments Part 1
No. , 2018
Social Security Legislation Amendment (Community Development
Program) Bill 2018
9
28 Subclause 1(1) of Schedule 1
1
Insert:
2
subsidised employment has the meaning given by section 42AEA.
3
Schedule 1 Amendments
Part 2 Consequential amendments
10
Social Security Legislation Amendment (Community Development
Program) Bill 2018
No. , 2018
Part 2--Consequential amendments
1
Farm Household Support Act 2014
2
29 Subsection 93(1) (table items 32 and 33)
3
Repeal the items.
4
30 Paragraph 98(c)
5
Omit "Divisions 3AA and 3A", substitute "Division 3AA".
6
Social Security Act 1991
7
31 Subsections 14A(1) and (2)
8
Omit "and Division 3A of Part 3 of the Administration Act".
9
32 Subsection 14A(7)
10
Repeal the subsection.
11
33 Subsection 23(1) (paragraph (aa) of the definition of
12
compliance penalty period)
13
Omit "for a person other than a declared program participant--".
14
34 Subsection 23(1) (paragraph (a) of the definition of
15
compliance penalty period)
16
Repeal the paragraph.
17
35 Subsection 23(1) (paragraphs (b) and (c) of the definition
18
of compliance penalty period)
19
Omit "in any case--".
20
36 Section 549G (note)
21
Omit "or 3A".
22
37 Section 550E (note)
23
Omit "or 3A".
24
Amendments Schedule 1
Consequential amendments Part 2
No. , 2018
Social Security Legislation Amendment (Community Development
Program) Bill 2018
11
38 Subparagraphs 729(2)(bd)(i), (ii) and (iii)
1
Omit "--persons other than declared program participants".
2
39 At the end of subparagraph 729(2)(bd)(iii)
3
Add "and".
4
40 Subparagraphs 729(2)(bd)(iv) and (v)
5
Repeal the subparagraphs.
6
41 Subparagraphs 729(2)(d)(i), (ii) and (iia)
7
Omit "--persons other than declared program participants".
8
42 Subparagraphs 729(2)(d)(iib) and (iic)
9
Repeal the subparagraphs.
10
43 Subparagraphs 729(2)(dc)(iii), (iv) and (v)
11
Omit "--persons other than declared program participants".
12
44 Subparagraphs 729(2)(dc)(vi) and (vii)
13
Repeal the subparagraphs.
14
45 Subparagraphs 1046(2)(b)(i) and (ii)
15
Omit ", 42AP(5), 42P(1) or 42S(1)", substitute "or 42AP(5)".
16
46 Subparagraphs 1046(2B)(b)(i), (ii) and (iia)
17
Omit ", 42AP(5), 42P(1) or 42S(1)", substitute "or 42AP(5)".
18
Social Security (Administration) Act 1999
19
47 Division 3AA of Part 3 (heading)
20
Omit ": persons other than declared program participants".
21
48 Section 42AA
22
Omit "(other than declared program participants)".
23
49 Paragraph 64(1A)(c)
24
Omit "or subsection 42SA(1)".
25
Schedule 1 Amendments
Part 2 Consequential amendments
12
Social Security Legislation Amendment (Community Development
Program) Bill 2018
No. , 2018
50 Subsection 80(1) (note)
1
Omit "for persons who are not declared program participants".
2
51 Subparagraph 118(12C)(b)(i)
3
Repeal the subparagraph.
4
52 Paragraph 131(1)(aa)
5
Omit ": persons other than declared program participants".
6
53 Subsection 131(5A)
7
Repeal the subsection.
8
54 Paragraph 144(fa)
9
Repeal the paragraph.
10
55 Paragraph 145(1)(aa)
11
Omit ": persons other than declared program participants".
12
56 Subsection 145(4A)
13
Repeal the subsection.
14
57 Paragraph 192(daa)
15
Omit "or 3A".
16
58 Subclause 1(1) of Schedule 1
17
Repeal the following definitions:
18
(a) definition of connection failure;
19
(b) definition of further reconnection requirement;
20
(c) definition of non-attendance failure;
21
(d) definition of no show no pay failure;
22
(e) definition of penalty amount;
23
(f) definition of reconnection failure;
24
(g) definition of reconnection failure period.
25
Amendments Schedule 1
Consequential amendments Part 2
No. , 2018
Social Security Legislation Amendment (Community Development
Program) Bill 2018
13
59 Subclause 1(1) of Schedule 1 (definition of reconnection
1
requirement)
2
Repeal the definition, substitute:
3
reconnection requirement has the meaning given by
4
subsection 42AM(1).
5
60 Subclause 1(1) of Schedule 1
6
Repeal the following definitions:
7
(a) definition of serious failure;
8
(b) definition of serious failure period;
9
(c) definition of serious failure requirement;
10
(d) definition of unemployment non-payment period.
11
61 Subclause 5(1B) of Schedule 2
12
Repeal the subclause, substitute:
13
(1B) Subclause (1) applies only in relation to a start day for a
14
participation payment to a person if the exclusion period to which
15
the person is subject is:
16
(a) a payment suspension period; or
17
(b) an unemployment preclusion period; or
18
(c) a post-cancellation non-payment period.
19
62 Paragraph 5A(1)(c) of Schedule 2
20
Omit "any of", substitute "either of".
21
63 Subparagraph 5A(1)(c)(i) of Schedule 2
22
Omit ": persons other than declared program participants".
23
64 At the end of subparagraph 5A(1)(c)(ii) of Schedule 2
24
Add "and".
25
65 Subparagraphs 5A(1)(c)(iii) and (iv) of Schedule 2
26
Repeal the subparagraphs.
27
66 Paragraph 5A(2)(b) of Schedule 2
28
Omit "period; and", substitute "period.".
29
Schedule 1 Amendments
Part 2 Consequential amendments
14
Social Security Legislation Amendment (Community Development
Program) Bill 2018
No. , 2018
67 Paragraphs 5A(2)(c) and (d) of Schedule 2
1
Repeal the paragraphs.
2
Amendments Schedule 1
Contingent amendments Part 3
No. , 2018
Social Security Legislation Amendment (Community Development
Program) Bill 2018
15
Part 3--Contingent amendments
1
Division 1
--First contingency
2
Social Security (Administration) Act 1999
3
68 Subparagraph 110A(b)(i)
4
Repeal the subparagraph.
5
69 Section 110A
6
Omit ", or on the day after the serious failure period or unemployment
7
non-payment period ends under subsection 42P(1) or 42S(3) or (4) or
8
section 42Q of this Act, as the case requires".
9
Division 2
--Second contingency
10
Social Security (Administration) Act 1999
11
70 Subparagraph 110A(1)(b)(i)
12
Repeal the subparagraph.
13
71 Subsection 110A(1)
14
Omit ", or on the day after the serious failure period or unemployment
15
non-payment period ends under subsection 42P(1) or 42S(3) or (4) or
16
section 42Q of this Act, as the case requires".
17
Schedule 1 Amendments
Part 4 Application, saving and transitional provisions
16
Social Security Legislation Amendment (Community Development
Program) Bill 2018
No. , 2018
Part 4--Application, saving and transitional
1
provisions
2
72 Application, saving and transitional provisions
3
(1)
For a declared program participant, Division 3AA of Part 3 of the
4
Social Security (Administration) Act 1999 applies in relation to a mutual
5
obligation failure, a work refusal failure, or an unemployment failure,
6
that is committed on or after the commencement of this item.
7
(2)
Subject to subitems (3) to (5), Division 3A of Part 3 of the Social
8
Security (Administration) Act 1999, as in force immediately before the
9
commencement of this item, ceases to apply, at the commencement of
10
this item, in relation to a person, even if a determination had been made
11
under that Division for the person before that commencement.
12
(3)
If a participation payment was payable to a person for one or more days
13
before the commencement of this item in accordance with section 42R
14
of the Social Security (Administration) Act 1999, then the repeal of
15
Division 3A of Part 3 of that Act made by this Schedule does not affect
16
that payability.
17
(4)
If:
18
(a) before the commencement of this item, the Secretary made a
19
determination under subsection 42SA(1) of the Social
20
Security (Administration) Act 1999 that resulted in a
21
participation payment not being payable for a period for a
22
person; and
23
(b) the period had not ended immediately before that
24
commencement;
25
then:
26
(c) the period is taken to end under subsection 42SA(2) of that
27
Act immediately before that commencement; and
28
(d) subsection 42SA(3) of that Act, as in force immediately
29
before that commencement, continues to apply on and after
30
that commencement in relation to the ending of that period.
31
Note:
The effect of subitem (4) is that the person may receive back pay for that period.
32
(5)
If:
33
Amendments Schedule 1
Application, saving and transitional provisions Part 4
No. , 2018
Social Security Legislation Amendment (Community Development
Program) Bill 2018
17
(a) before the commencement of this item, the Secretary made a
1
determination under subsection 42SB(2) of the Social
2
Security (Administration) Act 1999 that resulted in parenting
3
payment not being payable for a period for a person; and
4
(b) the period had not ended immediately before that
5
commencement;
6
then:
7
(c) the period is taken to end under subsection 42SB(3) of that
8
Act immediately before that commencement; and
9
(d) subsection 42SB(4) of that Act, as in force immediately
10
before that commencement, continues to apply on and after
11
that commencement in relation to the ending of that period.
12
Note:
The effect of subitem (5) is that the person may receive back pay for that period.
13