Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020-2021
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Security Legislation Amendment
(Remote Engagement Program) Bill 2021
No. , 2021
(Indigenous Australians)
A Bill for an Act to amend the law relating to social
security, and for related purposes
No. , 2021
Social Security Legislation Amendment (Remote Engagement
Program) Bill 2021
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 3
Schedule 1--Amendments
4
Part 1--Main amendments relating to remote engagement
program payment
4
Social Security Act 1991
4
Social Security (Administration) Act 1999
9
Part 2--Contingent amendments relating to remote
engagement program payment
10
Social Security Act 1991
10
Part 3--Main amendments relating to the end of the CDEP
Scheme
12
Age Discrimination Act 2004
12
Social Security Act 1991
12
Social Security (Administration) Act 1999
16
Part 4--Contingent amendments relating to the end of the
CDEP Scheme
18
Social Security Act 1991
18
No. , 2021
Social Security Legislation Amendment (Remote Engagement
Program) Bill 2021
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 (Remote
5
Engagement Program) Act 2021
.
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 (Remote Engagement
Program) Bill 2021
No. , 2021
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 after this Act receives the Royal
Assent.
2. Schedule 1,
Part 1
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 2
The later of:
(a) immediately after the commencement of
the provisions covered by table item 2;
and
(b) immediately after the commencement of
Schedule 1 to the
Social Security
Legislation Amendment (Streamlined
Participation Requirements and Other
Measures) Act 2021
.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
4. Schedule 1,
Part 3
The day after this Act receives the Royal
Assent.
5. Schedule 1,
Part 4
At the same time as the provisions covered
by table item 4.
However, the provisions do not commence
at all if Schedule 1 to the
Social Security
Legislation Amendment (Streamlined
Participation Requirements and Other
Measures) Act 2021
commences at or before
that time.
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
No. , 2021
Social Security Legislation Amendment (Remote Engagement
Program) Bill 2021
3
(2) Any information in column 3 of the table is not part of this Act.
1
Information may be inserted in this column, or information in it
2
may be edited, in any published version of this Act.
3
3 Schedules
4
Legislation that is specified in a Schedule to this Act is amended or
5
repealed as set out in the applicable items in the Schedule
6
concerned, and any other item in a Schedule to this Act has effect
7
according to its terms.
8
Schedule 1
Amendments
Part 1
Main amendments relating to remote engagement program payment
4
Social Security Legislation Amendment (Remote Engagement
Program) Bill 2021
No. , 2021
Schedule 1--Amendments
1
Part 1--Main amendments relating to remote
2
engagement program payment
3
Social Security Act 1991
4
1 Subsection 23(1)
5
Insert:
6
qualifying remote income support payment
: see section 661B.
7
remote engagement placement
, under the remote engagement
8
program, means a part of the program (if any) determined by the
9
Minister under paragraph 661A(2)(b).
10
remote engagement program
means the arrangement (if any)
11
determined by the Minister under paragraph 661A(2)(a).
12
remote engagement program provider
means a person or
13
organisation that is a party to an agreement with the
14
Commonwealth under which the person or organisation receives
15
Commonwealth funding to deliver the remote engagement
16
program.
17
2 After paragraph 23(4AA)(ad)
18
Insert:
19
(ae) Part 2.13 (remote engagement program payment);
20
3 At the end of subsection 94(1)
21
Add:
22
Note 3:
A person receiving disability support pension, and who receives
23
employment services from a remote engagement program provider,
24
may also qualify for a remote engagement program payment: see
25
Part 2.13.
26
4 At the end of subsection 500(1)
27
Add:
28
Amendments
Schedule 1
Main amendments relating to remote engagement program payment
Part 1
No. , 2021
Social Security Legislation Amendment (Remote Engagement
Program) Bill 2021
5
Note 4:
A person receiving parenting payment, and who receives employment
1
services from a remote engagement program provider, may also
2
qualify for a remote engagement program payment: see Part 2.13.
3
5 At the end of section 540
4
Add:
5
Note 3:
A person receiving youth allowance, and who receives employment
6
services from a remote engagement program provider, may also
7
qualify for a remote engagement program payment: see Part 2.13.
8
6 At the end of subsection 593(1)
9
Add:
10
Note 14:
A person receiving a jobseeker payment, and who receives
11
employment services from a remote engagement program provider,
12
may also qualify for a remote engagement program payment: see
13
Part 2.13.
14
7 After Part 2.12
15
Insert:
16
Part 2.13--Remote engagement program payment
17
Division 1--Qualification for and payability of remote
18
engagement program payment
19
Subdivision A--Qualification
20
661A Qualification for remote engagement program payment
21
(1) A person qualifies for a remote engagement program payment for a
22
period if, throughout the period:
23
(a) the person is receiving a qualifying remote income support
24
payment; and
25
(b) the person is receiving employment services from a remote
26
engagement program provider; and
27
(c) the Secretary is satisfied that the person has agreed to
28
participate, and is participating, in a remote engagement
29
placement for at least 15 hours per week under the remote
30
engagement program; and
31
Schedule 1
Amendments
Part 1
Main amendments relating to remote engagement program payment
6
Social Security Legislation Amendment (Remote Engagement
Program) Bill 2021
No. , 2021
(d) the person satisfies the qualification requirements (if any)
1
determined by the Minister under paragraph (2)(c).
2
Note:
For
qualifying remote income support payment
see section 661B.
3
(2) The Minister may, by legislative instrument, determine one or
4
more of the following:
5
(a) an arrangement to be the remote engagement program;
6
(b) a part of the remote engagement program to be a remote
7
engagement placement under the program;
8
(c) a qualification requirement for the purposes of
9
paragraph (1)(d).
10
661B Definition of
qualifying remote income support payment
11
(1) A
qualifying remote income support payment
is an income
12
support payment:
13
(a) of a kind set out in column 2 of an item in the following
14
table; and
15
(b) for which a person qualifies in the circumstances set out in
16
column 3 of the item.
17
18
Remote engagement program payment--qualifying remote income support
payments
Column 1
Item
Column 2
Kind of payment
Column 3
Circumstances
1
Disability support pension
The person qualifies under
subsection 94(1) and either:
(a) is required, under
paragraph 94(1)(da), to meet
participation requirements under
section 94A; or
(b) is covered by a participation
exemption under section 94C,
94D, 94E or 94F
2
Parenting payment
The person qualifies under
subsection 500(1) and either:
(a) is required, under
paragraph 500(1)(c) or (ca), to
meet participation requirements
Amendments
Schedule 1
Main amendments relating to remote engagement program payment
Part 1
No. , 2021
Social Security Legislation Amendment (Remote Engagement
Program) Bill 2021
7
Remote engagement program payment--qualifying remote income support
payments
Column 1
Item
Column 2
Kind of payment
Column 3
Circumstances
under section 500A; or
(b) is covered by a participation
exemption under Division 3A of
Part 2.10
3
Youth allowance
The person qualifies under
section 540 and either:
(a) is required, under
subparagraph 540(a)(i), to satisfy
the activity test under
Subdivision B of Division 1 of
Part 2.11; or
(b) is covered by an exemption from
the activity test under
Subdivision C of that Division
However, a person who satisfies the
activity test under
paragraph 541(1)(a) (those
undertaking full-time study) is not
covered
4
Jobseeker payment
The person qualifies under
subsection 593(1) or (4) and either:
(a) is required, under
subparagraph 593(1)(b)(i), to
satisfy the activity test in
Subdivision B of Division 1 of
Part 2.12; or
(b) is not required to satisfy the
activity test under that
Subdivision because the person
is covered by another provision
in that Subdivision or by
Subdivision BA of that Division
5
Any other income support
payment
The person is in a class of persons
determined by the Minister under
subsection (2)
1
Schedule 1
Amendments
Part 1
Main amendments relating to remote engagement program payment
8
Social Security Legislation Amendment (Remote Engagement
Program) Bill 2021
No. , 2021
(2) The Minister may, by legislative instrument, determine a class of
1
persons for the purposes of column 3 of item 5 of the table in
2
subsection (1).
3
Subdivision B--Payability
4
661C Remote engagement program payment not payable in
5
specified circumstances
6
(1) A remote engagement program payment is not payable to a person
7
in the circumstances (if any) specified by a legislative instrument
8
made under subsection (2).
9
(2) The Minister may, by legislative instrument, specify circumstances
10
in which a remote engagement program payment is not payable to
11
a person.
12
661D Time limits on payability of remote engagement program
13
payment
14
(1) A remote engagement program payment is not payable to a person
15
who has received a remote engagement program payment for a
16
continuous period of 104 weeks starting at the start time.
17
(2) A remote engagement program payment is not payable to a person
18
in respect of any period starting on or after 1 July 2024.
19
Division 2--Rate of remote engagement program payment
20
661E Remote engagement program payment--determination of rate
21
(1) Subject to subsection (3), the rate of a person's remote engagement
22
program payment is the rate determined in accordance with a
23
legislative instrument (if any) made under subsection (2).
24
(2) The Minister may, by legislative instrument, determine the rate of
25
payment of a remote engagement program payment.
26
(3) The rate per fortnight of a remote engagement program payment
27
must be:
28
(a) not less than $100; and
29
Amendments
Schedule 1
Main amendments relating to remote engagement program payment
Part 1
No. , 2021
Social Security Legislation Amendment (Remote Engagement
Program) Bill 2021
9
(b) not more than $190.
1
Division 3--Miscellaneous matters
2
661F Effect of undertaking activities under the remote engagement
3
program
4
A person is not taken to be any of the following merely because the
5
person undertakes an activity in accordance with a remote
6
engagement placement under the remote engagement program:
7
(a) a worker carrying out work in any capacity for the
8
Commonwealth, or an employee of the Commonwealth, for
9
the purposes of the
Work Health and Safety Act 2011
;
10
(b) an employee within the meaning of section 5 of the
Safety,
11
Rehabilitation and Compensation Act 1988
;
12
(c) an employee for the purposes of the
Superannuation
13
Guarantee (Administration) Act 1992
;
14
(d) an employee for the purposes of the
Fair Work Act 2009
.
15
Social Security (Administration) Act 1999
16
8 After section 12AF
17
Insert:
18
12AG Remote engagement program payment
19
A claim is not required for a remote engagement program payment.
20
Schedule 1
Amendments
Part 2
Contingent amendments relating to remote engagement program payment
10
Social Security Legislation Amendment (Remote Engagement
Program) Bill 2021
No. , 2021
Part 2--Contingent amendments relating to remote
1
engagement program payment
2
Social Security Act 1991
3
9 Subsection 661B(1) (table)
4
Repeal the table, substitute:
5
6
Remote engagement program payment--qualifying remote income support
payments
Column 1
Item
Column 2
Kind of payment
Column 3
Circumstances
1
Disability support pension
The person qualifies under
subsection 94(1) and either:
(a) is required, under
paragraph 94(1)(da), to meet
participation requirements under
section 94A; or
(b) is covered by a participation
exemption under section 94C,
94D, 94E or 94F
2
Parenting payment
The person qualifies under
subsection 500(1) and either:
(a) is covered by
paragraph 500(1)(c) and satisfies
subsection 500(2A); or
(b) is covered by
paragraph 500(1)(ca) and
satisfies subsection 500(2B)
3
Youth allowance
The person qualifies under
subsection 540(1) and either:
(a) is exempt, under
subparagraph 540(1)(a)(ia), from
undertaking full-time study but
satisfies the Secretary that the
person would otherwise be
undertaking full-time study; or
Amendments
Schedule 1
Contingent amendments relating to remote engagement program payment
Part 2
No. , 2021
Social Security Legislation Amendment (Remote Engagement
Program) Bill 2021
11
Remote engagement program payment--qualifying remote income support
payments
Column 1
Item
Column 2
Kind of payment
Column 3
Circumstances
(b) is covered by
subparagraph 540(1)(a)(ib) and
satisfies subsection 540(2)
4
Jobseeker payment
The person qualifies under
subsection 593(1) or (4)
5
Any other income support
payment
The person is in a class of persons
determined by the Minister under
subsection (2)
1
Schedule 1
Amendments
Part 3
Main amendments relating to the end of the CDEP Scheme
12
Social Security Legislation Amendment (Remote Engagement
Program) Bill 2021
No. , 2021
Part 3--Main amendments relating to the end of the
1
CDEP Scheme
2
Age Discrimination Act 2004
3
10 Subsection 41(3)
4
Repeal the subsection.
5
Social Security Act 1991
6
11 Subsection 17(1) (subparagraph (m)(ii) of the definition of
7
compensation affected payment
)
8
Omit "applies; or", substitute "applies.".
9
12 Subsection 17(1) (paragraph (n) of the definition of
10
compensation affected payment
)
11
Repeal the paragraph.
12
13 Subsection 19D(4)
13
Repeal the subsection.
14
14 Subsection 23(1)
15
Repeal the following definitions:
16
(a) definition of
CDEPManager
;
17
(b) definition of
CDEP Scheme
;
18
(c) definition of
CDEP Scheme participant
;
19
(d) definition of
CDEP Scheme payment
;
20
(e) definition of
CDEP Scheme provider
;
21
(f) definition of
CDEP Scheme quarter
;
22
(g) definition of
Northern Territory CDEP transition payment
.
23
15 Subsection 23(1) (paragraph (b) of the definition of
social
24
security recipient status
)
25
Omit "veteran payment;", substitute "veteran payment.".
26
Amendments
Schedule 1
Main amendments relating to the end of the CDEP Scheme
Part 3
No. , 2021
Social Security Legislation Amendment (Remote Engagement
Program) Bill 2021
13
16 Subsection 23(1) (definition of
social security recipient
1
status
)
2
Omit "and includes status held on or after 20 March 2000 as a CDEP
3
Scheme participant receiving the CDEP Scheme Participant
4
Supplement.".
5
17 Subsection 23(1) (definition of
transition day
)
6
Repeal the definition.
7
18 Sections 408CG and 408GI
8
Repeal the sections.
9
19 Paragraph 500E(1)(c)
10
Omit "except where the person is a CDEP Scheme participant in respect
11
of the period,".
12
20 Section 500W
13
Repeal the section.
14
21 Subdivision C of Division 4 of Part 2.10
15
Repeal the Subdivision.
16
22 Subdivision D of Division 9 of Part 2.10
17
Repeal the Subdivision.
18
23 Paragraph 546(1)(c)
19
Omit "except where the person is a CDEP Scheme participant in respect
20
of the period,".
21
24 Sections 552C, 559J and 567F
22
Repeal the sections.
23
25 Subsection 578(3)
24
Repeal the subsection.
25
26 Paragraph 593(1)(a)
26
Repeal the paragraph (including the note), substitute:
27
Schedule 1
Amendments
Part 3
Main amendments relating to the end of the CDEP Scheme
14
Social Security Legislation Amendment (Remote Engagement
Program) Bill 2021
No. , 2021
(a) the person satisfies the Secretary that:
1
(i) throughout the period the person is unemployed; or
2
(ii) subsection (1A) applies in relation to the person for the
3
period; and
4
27 Section 598
5
Omit "subparagraph 593(1)(a)(iii)" (wherever occurring), substitute
6
"subparagraph 593(1)(a)(ii)".
7
28 Paragraph 600(1)(c)
8
Omit "except where the person is a CDEP Scheme participant in respect
9
of the period,".
10
29 Sections 614A, 653A, 660LG, 771HK and 771KN
11
Repeal the sections.
12
30 Subdivision D of Division 9 of Part 2.15A
13
Repeal the Subdivision.
14
31 Subsection 1049(2)
15
Omit "or a CDEP Scheme Participant Supplement".
16
32 Paragraph 1061EM(2)(b)
17
Repeal the paragraph.
18
33 Subsection 1061EN(1)
19
Omit "(1) For", substitute "For".
20
34 Subsections 1061EN(2) and 1061EX(7)
21
Repeal the subsections.
22
35 Subsection 1061JU(1)
23
Omit "Subject to subsection (2), the", substitute "The".
24
36 Subsections 1061JU(2) and (3)
25
Repeal the subsections.
26
Amendments
Schedule 1
Main amendments relating to the end of the CDEP Scheme
Part 3
No. , 2021
Social Security Legislation Amendment (Remote Engagement
Program) Bill 2021
15
37 Part 2.27
1
Repeal the Part.
2
38 Point 1067G-A1 (method statement, paragraph (c) of step
3
14)
4
Omit "except where the person is a CDEP Scheme participant in respect
5
of the whole or a part of the period for which the rate of allowance is
6
being worked out,".
7
39 Point 1067G-B1
8
Omit "other than a person who is a CDEP Scheme participant in respect
9
of the whole or a part of the period for which the maximum basic rate is
10
being worked out".
11
40 Point 1067G-B1
12
Omit "The maximum basic rate of a person who is a CDEP Scheme
13
participant in respect of the whole or a part of the period for which the
14
maximum basic rate is being worked out is nil (see section 552C).".
15
41 Point 1068-A1 (method statement, paragraph (c) of step 7)
16
Omit "except where the person is a CDEP Scheme participant in respect
17
of the whole or a part of the period for which the rate of benefit is being
18
worked out,".
19
42 Point 1068-B1
20
Omit "other than a person who is a CDEP Scheme participant in respect
21
of the whole or a part of the period for which the maximum basic rate is
22
being worked out".
23
43 Point 1068-B1
24
Omit "The maximum basic rate of a person who is a CDEP Scheme
25
participant in respect of the whole or a part of the period for which the
26
maximum basic rate is being worked out is nil (see sections 408CG,
27
614A, 660YCH and 771HK).".
28
Schedule 1
Amendments
Part 3
Main amendments relating to the end of the CDEP Scheme
16
Social Security Legislation Amendment (Remote Engagement
Program) Bill 2021
No. , 2021
44 Points 1068B-A2 and 1068B-A3 (method statement, step 7)
1
Omit ", except where the person is a CDEP Scheme participant in
2
respect of the whole or part of the period for which the rate of payment
3
is being worked out,".
4
45 Point 1068B-C2
5
Omit "If a person is not a CDEP Scheme participant in respect of the
6
whole or part of the period for which the rate of payment is being
7
worked out, the person's", substitute "A person's".
8
46 Point 1068B-C3
9
Repeal the point.
10
47 Subsection 1161(6A)
11
Omit ", (m) or (n)", substitute "or (m)".
12
48 Paragraph 1161A(1)(a)
13
Omit ", (m) or (n)", substitute "or (m)".
14
49 Part 3.15A
15
Repeal the Part.
16
Social Security (Administration) Act 1999
17
50 Paragraph 52(1)(k)
18
Omit "benefit;", substitute "benefit.".
19
51 Paragraph 52(1)(l)
20
Repeal the paragraph.
21
52 Section 123TC (paragraph (r) of the definition of
category I
22
welfare payment
)
23
Repeal the paragraph.
24
53 Paragraph 144(daa)
25
Repeal the paragraph.
26
Amendments
Schedule 1
Main amendments relating to the end of the CDEP Scheme
Part 3
No. , 2021
Social Security Legislation Amendment (Remote Engagement
Program) Bill 2021
17
54 Subclause 1(1) of Schedule 1 (paragraph (j) of the
1
definition of
social security periodic payment
)
2
Repeal the paragraph.
3
Schedule 1
Amendments
Part 4
Contingent amendments relating to the end of the CDEP Scheme
18
Social Security Legislation Amendment (Remote Engagement
Program) Bill 2021
No. , 2021
Part 4--Contingent amendments relating to the end
1
of the CDEP Scheme
2
Social Security Act 1991
3
55 Paragraph 540(a)
4
Repeal the paragraph, substitute:
5
(a) throughout the period the person satisfies the activity test
6
(see Subdivision B) or is not required to satisfy the activity
7
test (see Subdivision C); and
8
56 Paragraph 593(1)(b)
9
Omit "in the case of a person to whom subparagraph (a)(i) or (iii)
10
applies--".
11
57 Paragraph 602D(a)
12
Omit "subparagraph 593(1)(a)(iii)", substitute
13
"subparagraph 593(1)(a)(ii)".
14