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This is a Bill, not an Act. For current law, see the Acts databases.
1996-97
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Social
Security Legislation Amendment (Work for the Dole) Bill
1997
No. ,
1997
(Social
Security)
A Bill for an Act to amend the
law relating to social security, and for related
purposes
9703420—4,125/18.3.1996—(34/97)
Cat. No. 96 7408 X ISBN 0644 499869
Contents
A Bill for an Act to amend the law relating to social
security, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Social Security Legislation Amendment
(Work for the Dole) Act 1997.
This Act commences on the day on which it receives the Royal
Assent.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
The object of the Act is to reinforce the principle of mutual obligations
applying to payments under the Social Security Act 1991 in respect of
unemployment by recognising that it is fair and reasonable that persons in
receipt of such payments participate in approved programs of work in return for
such payments and to set out the means by which they may be enabled, or
required, to undertake such work.
1 Section 3 (index)
Insert the following entries in their appropriate alphabetical position,
determined on a letter-by-letter basis:
|
approved program of work for unemployment payment |
28 |
|
approved program of work supplement |
644AAA |
2 Subsection 23(1)
Insert:
approved program of work for unemployment payment means a
program of work that is declared by the Employment Secretary, under section 28,
to be an approved program of work for unemployment payment.
3 Subsection 23(1)
Insert:
approved program of work supplement means an amount payable
under section 644AAA to a person receiving newstart allowance.
4 After section 27
Insert:
(1) The Employment Secretary may declare, in writing, particular programs
of work to be approved programs of work for unemployment payment.
(2) The Employment Secretary must not declare a particular program of work
to be an approved program of work for unemployment payment if persons
participating in the program would be required to work:
(a) if the persons are under 21—more than 24 hours in each fortnight
of their respective participation in the program; and
(b) if the persons are not under 21—more than 30 hours for each
fortnight of their respective participation in the program.
(3) For the purposes of subsection (2), each fortnight of participation in
the program is a fortnight in respect of which the person receives a payment of
newstart allowance.
5 Before subparagraph
601(2)(a)(ii)
Insert:
(ia) should participate in an approved program of work for unemployment
payment; or
6 Before subsection 601(3)
Insert:
(2E) For the purposes of paragraph (2D)(b), the Secretary must not notify
a person that the person is required to participate in an approved program of
work for unemployment payment if:
(a) because of the application of Module G of Payment Rate Calculator B in
section 1068, the person is receiving a newstart allowance at a rate that has
been reduced; or
(b) in the Secretary’s opinion:
(i) it has been established that there is medical evidence that the person
has an illness, disability or injury that would be aggravated by the conditions
in which the work would be performed; or
(ii) performing the work in the conditions in which the work would be
performed would constitute a risk to health or safety or would contravene a law
of the Commonwealth, a State or a Territory relating to occupational health and
safety.
(2F) If, after the Secretary has notified the person that the person is
required to participate in an approved program of work for unemployment payment,
the Secretary:
(a) is satisfied that the person is a person to whom paragraph (2E)(a)
applies; or
(b) forms the opinion that subparagraph (2E)(b)(i) or (ii) applies in
relation to the performance of that work by the person;
the Secretary may, by notice in writing given to the person, inform the
person that the requirement to participate in the program is revoked and, upon
his or her so doing, the requirement is taken to have been revoked with effect
from the day of that notification.
7 At the end of section
601A
Add:
(3) If a person who is subject to the activity test in respect of a period
fails, without reasonable excuse:
(a) to commence, or to complete, an approved program of work for
unemployment payment that the person is required to undertake; or
(b) to comply with the conditions of such a program;
the person is taken to fail to satisfy the activity test.
Note: For the consequences of failing the activity test see
section 624.
8 Paragraph 606(1)(e)
Omit “, not being measures compelling the person to work in return
for payment of newstart allowance”.
9 After paragraph
606(1)(eb)
Insert:
(ec) an approved program of work for unemployment payment;
10 After Subdivision G of Division 1 of Part
2.12
Insert:
For the purposes of this Subdivision:
activity test penalty period, in relation to a person, means
a period during which a newstart allowance that would otherwise be payable to
the person is payable at a reduced rate, or is not payable, because of the
operation of section 624, 625, 626, 628, 629, 630 or 630AA in relation to an act
or omission of the person.
administrative penalty period, in relation to a person, means
a period during which a newstart allowance that would otherwise be payable to
the person is payable at a reduced rate because of the operation of section 630C
or 631 in relation to an act or omission of the person.
penalty period means:
(a) activity test penalty period; or
(b) administrative penalty period.
(1) In spite of any provisions in this Act, if:
(a) a penalty period or a number of penalty periods apply to, or, but for
this section, would apply to, a person; and
(b) the person starts to participate in an approved program of work for
unemployment payment;
the penalty period or periods cease to apply to the person on and after
that commencement.
(2) Subsection (1) has effect whether or not the person completes the
participation in that program.
A person is not to be taken, by reason only of participation in an
approved program of work for unemployment payment in accordance with a
requirement of the Secretary under section 601 or with the terms of a Newstart
Activity Agreement under section 606, to be:
(a) an employee within the meaning of section 9 of the Occupational
Health and Safety (Commonwealth Employees) Act 1991; or
(b) an employee within the meaning of section 5 of the Safety,
Rehabilitation and Compensation Act 1988; or
(c) an employee for the purposes of the Superannuation Guarantee
(Administration) Act 1992; or
(d) an employee for the purposes of the Workplace Relations Act
1996.
11 After section 644
Insert:
If a person:
(a) is receiving newstart allowance; and
(b) is participating in an approved program of work for unemployment
payment;
the rate of the person’s newstart allowance is increased by an amount
of $20.00, to be known as the approved program of work supplement, for each
fortnight during which the person participates in the program unless, during
that fortnight, the person subsequently ceases to participate in the program in
circumstances that constitute:
(c) a failure of the activity test to which the person is subject;
or
(d) a failure to comply with the terms of a Newstart Activity Agreement to
which the person is subject.
12 After subparagraph
1223(7)(b)(iii)
Insert:
or (iv) if the person was receiving newstart allowance—the rate of
the person’s newstart allowance was increased by an approved program of
work supplement when that rate should not have been so increased;
13 Paragraph 1223(7)(e)
Repeal the paragraph, substitute:
(e) the amount of newstart training supplement;
(f) the amount of approved program of work supplement.
14 Subsection 1223(7)
(note)
Repeal the note, substitute:
Note: For job search training supplement see
section 560, for newstart training supplement see section 644 and
for approved program of work supplement see section
644AAA.
15 After paragraph
1239(2)(b)
Insert:
(ba) under section 28 (approval of programs of work for unemployment
payment); or
16 After subparagraph
1240(2)(b)(ii)
Insert:
(iia) under section 28 (approval of programs of work for unemployment
payment); or
17 Paragraph 1250(1)(ca)
After “labour market program”, insert “, program of work
for unemployment payment”.
18 At the end of section
1299
Add:
(6) The Employment Secretary may, by signed instrument, delegate the power
of the Employment Secretary under section 28 to approve a program of work for
unemployment payment:
(a) to officers of the Employment Department or of the Department of
Social Security; or
(b) to employees of the Commonwealth Services Delivery
Agency.
1 Subsection 3(1) (after subparagraph (c)(xvii)
of the definition of personal assistance)
Insert:
(xviiaa) approved program of work supplement;