SOCIAL SECURITY LEGISLATION AMENDMENT (STREAMLINED PARTICIPATION REQUIREMENTS AND OTHER MEASURES) BILL 2022

2019-2020-2021

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Social Security Legislation Amendment

(Streamlined Participation Requirements

and Other Measures) Bill 2021

No. , 2021

(Education, Skills and Employment)

A Bill for an Act to amend the law relating to social

security, and for related purposes

No. , 2021

Social Security Legislation Amendment (Streamlined Participation

Requirements and Other Measures) Bill 2021

Contents

Short title ........................................................................................... 1

Commencement ................................................................................. 1

Schedules ........................................................................................... 3

Schedule 1--Streamlined participation requirements

Farm Household Support Act 2014

Social Security Act 1991

Social Security (Administration) Act 1999

Schedule 2--Arrangements and grants relating to assisting

persons to obtain and maintain paid work

Social Security Act 1991

Social Security (Administration) Act 1999

Schedule 3--Compliance with participation payment

obligations

Social Security (Administration) Act 1999

Schedule 4--Amounts not counted as income

Social Security Act 1991

Schedule 5--Approved programs of work for income support

payment

Social Security Act 1991

Schedule 6--Activities that do not give rise to employment

under certain industrial relations legislation

Social Security Act 1991

Schedule 7--Youth allowance ordinary income free area

Social Security Act 1991

Schedule 8--Start day for jobseeker payment and youth

allowance

Farm Household Support Act 2014

Social Security Act 1991

Social Security (Administration) Act 1999

Social Security Legislation Amendment (Streamlined Participation

Requirements and Other Measures) Bill 2021

No. , 2021

Schedule 9--Repeals of spent provisions

Social Security Act 1991

Social Security (Administration) Act 1999

Schedule 10--Contingent amendments

Social Security Act 1991

No. , 2021

Social Security Legislation Amendment (Streamlined Participation

Requirements and Other Measures) Bill 2021

A Bill for an Act to amend the law relating to social

security, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act is the

Social Security Legislation Amendment

(Streamlined Participation Requirements and Other Measures) Act

2021

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

Social Security Legislation Amendment (Streamlined Participation

Requirements and Other Measures) 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 this Act receives the Royal Assent.

2. Schedule 1

The later of:

(a) 1 July 2021; and

(b) the seventh day after this Act receives

the Royal Assent.

3. Schedule 2

The day after this Act receives the Royal

Assent.

4. Schedule 3

The later of:

(a) 1 July 2021; and

(b) the seventh day after this Act receives

the Royal Assent.

5. Schedules 4

and 5

The day after this Act receives the Royal

Assent.

6. Schedule 6

The later of:

(a) 1 July 2021; and

(b) the seventh day after this Act receives

the Royal Assent.

7. Schedule 7

The day after this Act receives the Royal

Assent.

8. Schedule 8

1 July 2022.

1 July 2022

9. Schedule 9

The day after this Act receives the Royal

Assent.

10. Schedule 10

The later of:

(a) immediately after the commencement of

the provisions covered by table item 2;

and

(b) immediately after the commencement of

Schedule 7 to the

Social Services

Legislation Amendment (Welfare

No. , 2021

Social Security Legislation Amendment (Streamlined Participation

Requirements and Other Measures) Bill 2021

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

Reform) Act 2018

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Schedules

Legislation 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.

Schedule 1

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Requirements and Other Measures) Bill 2021

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Schedule 1--Streamlined participation

requirements

Farm Household Support Act 2014

1 Section 59

Before "Module D", insert "(1)".

2 At the end of section 59

Add:

(2) Module D of Benefit Rate Calculator B applies in relation to the

rate of farm household allowance for a person who has turned 22

as if point 1068-D2 were substituted with the following:

Incapacity for work--farm household allowance, to the extent that

it relates to a person who has turned 22

1068-D2 This point applies to a person if the person is receiving farm

household allowance, the person has turned 22 and the person is,

under Subdivision C of Division 5 of Part 2 of the

Farm Household

Support Act 2014

, exempt from the activity test.

3 Subsection 93(1) (table items 18, 19, 20 and 30)

Repeal the items.

4 Section 95 (after table item 13)

Insert:

13A

subparagraph 1161(1)(a)(i)

that subparagraph were replaced with:

(i) farm household allowance, where the

person has turned 22 and the person is,

under Subdivision C of Division 5 of Part 2

of the

Farm Household Support Act 2014

exempt from the activity test; or

5 After paragraph 98(b)

Insert:

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Social Security Legislation Amendment (Streamlined Participation

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(ba) Divisions 2A and 2B of Part 3 (employment pathway plans

and circumstances in which paid work is unsuitable);

Social Security Act 1991

6 After section 3A

Insert:

3AB References to Employment Secretary

A reference in a provision of this Act or the Administration Act to

the Employment Secretary does not, by implication, affect the

meaning of a reference to the Secretary in any other provision of

this Act or the Administration Act.

Note:

Under subsection 23(1),

Secretary

generally means the Secretary of

the Department. Applying section 19A of the

Acts Interpretation Act

1901

(which deals with references in provisions of Acts to the

Department), the Secretary referred to in many provisions of this Act

or the Administration Act will be the Employment Secretary.

7 Subsection 7(7)

Omit "540(d)(ii)", substitute "540(1)(d)(ii)".

8 Subsection 19A(2) (definition of

activity test

)

Repeal the definition.

9 Subsection 23(1) (definition of

Employment Department

)

Omit "the

Fair Entitlements Guarantee Act 2012

", substitute

"Division 3AA of Part 3 of the Administration Act".

10 Subsection 23(1) (definition of

employment pathway plan

)

Repeal the definition, substitute:

employment pathway plan

means an employment pathway plan

under Division 2A of Part 3 of the Administration Act.

11 Subsection 23(1) (definition of

nominated visa holder

)

Repeal the definition, substitute:

nominated visa holder

means a person who is:

Schedule 1

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(a) the holder of a visa that is included in a class of visas that is

issued for temporary protection, humanitarian, or safe haven

purposes and that is determined by the Minister to be a class

of visas to which subparagraph 729(2)(g)(i) applies; and

(b) a person to whom subsection 729(2A) applies.

12 Subsection 23(1)

Insert:

satisfies the employment pathway plan requirements

: a person

satisfies the

employment pathway plan requirements

if the

following apply:

(a) the person enters into an employment pathway plan if

required to do so by the Employment Secretary under

subsection 40A(1) or (2) of the Administration Act;

(b) while an employment pathway plan is in force in relation to

the person, the person satisfies the Employment Secretary

that the person is complying with the requirements in the

plan.

13 Subsection 23(1) (definition of

subject to participation

requirements

)

Repeal the definition.

14 Subsection 23(1)

Insert:

unsuitable

: particular paid work is

unsuitable

to be done by a

person in the circumstances set out in section 40X of the

Administration Act.

15 Subsection 94(6)

Repeal the subsection, substitute:

Person not qualified in certain circumstances

(6) A person is not qualified for a disability support pension on the

basis of a continuing inability to work if the person brought about

the inability with a view to obtaining a disability support pension

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or with a view to obtaining an exemption, because of the person's

incapacity, from:

(a) the requirement to satisfy the activity test for the purposes of

austudy payment; or

(b) undertaking full-time study (see section 541B); or

requirements for the purposes of jobseeker payment or youth

allowance.

16 Subsection 95(2)

Repeal the subsection, substitute:

Person not qualified in certain circumstances

(2) A person is not qualified for a disability support pension on the

basis of blindness if the person brought about the blindness with a

view to obtaining a disability support pension or with a view to

obtaining an exemption, because of the person's blindness, from:

(a) the requirement to satisfy the activity test for the purposes of

austudy payment; or

(b) undertaking full-time study (see section 541B); or

requirements for the purposes of jobseeker payment or youth

allowance.

17 Subsection 237(1) (note 3)

Repeal the note.

18 Paragraphs 500(1)(c) and (ca)

Repeal the paragraphs, substitute:

does not have at least one PP child who has not turned 6--the

person satisfies subsection (2A); and

(ca) in a case where the person is in a class of persons specified

by legislative instrument under subsection (2)--the person

satisfies subsection (2B); and

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Requirements and Other Measures) Bill 2021

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19 After subsection 500(2)

Insert:

(2A) A person satisfies this subsection if:

(a) the following apply:

(i) the person satisfies the employment pathway plan

requirements;

(ii) the person satisfies the Employment Secretary that the

person is willing to actively seek and to accept and

undertake paid work in Australia, except particular paid

work that is unsuitable to be done by the person; or

(b) the following apply:

(i) the person is, under Subdivision C of Division 2A of

Part 3 of the Administration Act, not required to satisfy

the employment pathway plan requirements;

(ii) the person satisfies the Employment Secretary that the

person would otherwise be willing to actively seek and

to accept and undertake paid work in Australia, except

particular paid work that is unsuitable to be done by the

person.

Note 1:

For

satisfies the

employment pathway plan requirements

see

subsection 23(1).

Note 2:

See Division 2B of Part 3 of the Administration Act for the

circumstances in which paid work is unsuitable to be done by a

person.

(2B) A person satisfies this subsection if:

(a) the following apply:

(i) the person satisfies the employment pathway plan

requirements;

(ii) if required by the Employment Secretary, the person

satisfies the Employment Secretary that the person is

willing to actively seek and to accept and undertake

paid work in Australia, except particular paid work that

is unsuitable to be done by the person; or

(b) the following apply:

(i) the person is, under Subdivision C of Division 2A of

Part 3 of the Administration Act, not required to satisfy

the employment pathway plan requirements;

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(ii) if required by the Employment Secretary, the person

satisfies the Employment Secretary that the person

would otherwise be willing to actively seek and to

accept and undertake paid work in Australia, except

particular paid work that is unsuitable to be done by the

person.

Note 1:

For

satisfies the

employment pathway plan requirements

see

subsection 23(1).

Note 2:

See Division 2B of Part 3 of the Administration Act for the

circumstances in which paid work is unsuitable to be done by a

person.

20 Section 500A

Repeal the section.

21 Divisions 2, 3 and 3A of Part 2.10

Repeal the Divisions.

22 Section 540

Before "Subject to", insert "(1)".

23 Paragraph 540(a)

Omit "either of the following applies", substitute "throughout the

period".

24 Subparagraph 540(a)(i)

Repeal the subparagraph, substitute:

(i) the person is undertaking full-time study (see

section 541B); or

(ia) the person is exempt from undertaking full-time study

(see Subdivision C) but the person satisfies the

Secretary that the person would otherwise be

undertaking full-time study (see section 541B); or

(ib) the person satisfies subsection (2); or

25 Subparagraph 540(a)(ii)

Omit "in respect of the period".

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Requirements and Other Measures) Bill 2021

No. , 2021

26 At the end of subparagraph 540(a)(ii)

Add "and".

27 Paragraph 540(c)

Repeal the paragraph.

28 At the end of section 540

Add:

(2) A person satisfies this subsection if:

(a) the following apply:

(i) the person satisfies the employment pathway plan

requirements;

(ii) the person satisfies the Employment Secretary that the

person is willing to actively seek and to accept and

undertake paid work in Australia, except particular paid

work that is unsuitable to be done by the person;

(iii) the person is not undertaking full-time paid work for at

least 35 hours per week; or

(b) the following apply:

(i) the person is, under Subdivision C of Division 2A of

Part 3 of the Administration Act, not required to satisfy

the employment pathway plan requirements;

(ii) the person satisfies the Employment Secretary that the

person would otherwise be willing to actively seek and

to accept and undertake paid work in Australia, except

particular paid work that is unsuitable to be done by the

person;

(iii) the person is not undertaking full-time paid work for at

least 35 hours per week.

Note 1:

For

satisfies the

employment pathway plan requirements

see

subsection 23(1).

Note 2:

See Division 2B of Part 3 of the Administration Act for the

circumstances in which paid work is unsuitable to be done by a

person.

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29 Paragraph 540AB(1)(e)

Omit "satisfy the activity test", substitute "enter into an employment

pathway plan".

30 Subdivision B of Division 1 of Part 2.11 (heading)

Repeal the heading, substitute:

Subdivision B--Undertaking full-time study

31 Sections 541, 541A and 541D

Repeal the sections.

32 Subdivision C of Division 1 of Part 2.11 (heading)

Repeal the heading, substitute:

Subdivision C--Exemptions from undertaking full-time study

33 Section 542 (heading)

Repeal the heading, substitute:

542 Situations in which a person is exempt from undertaking

full-time study

34 Section 542

Omit "not required to satisfy the activity test", substitute "exempt from

undertaking full-time study".

35 Paragraphs 542(c) and (db)

Repeal the paragraphs.

36 Paragraph 542A(1)(a)

Repeal the paragraph, substitute:

(a) throughout the period the person does not have the capacity

to undertake the course of education in respect of which the

person is undertaking full-time study because of sickness or

an accident; and

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37 Subparagraphs 542A(1)(d)(iii) and (iv)

Omit ", the required activities or work (as the case requires)".

38 Paragraph 542A(1)(e)

Omit "the activity test", substitute "undertaking full-time study".

39 Subsection 542A(1A)

Repeal the subsection, substitute:

(1A) The Secretary must comply with the guidelines (if any) determined

and in force under subsection (1B) in deciding whether

paragraph (1)(b) or (c) applies to a person in respect of a period.

40 Subsection 542A(3)

Repeal the subsection.

41 Section 542BA

Repeal the section.

42 Paragraph 542C(2)(a)

Omit "required to satisfy the activity test", substitute "exempt from

undertaking full-time study".

43 Subparagraph 542C(2)(a)(i)

Omit ", the required activities or work (as the case may be)".

44 Paragraph 542C(2)(b)

Omit ", the required activities or work (as the case may be)".

45 Paragraphs 542C(3)(c) and (d)

Omit ", the required activities or work (as the case may be)".

46 Paragraphs 542C(4)(c) and (d)

Omit ", the required activities or work (as the case may be)".

47 Paragraph 542C(5)(b)

Omit ", the required activities or work (as the case may be)".

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48 Subparagraph 542C(5)(c)(ii)

Omit ", the required activities or work (as the case may be)".

49 Paragraph 542C(6)(b)

Omit ", the required activities or work (as the case may be)".

50 Subparagraph 542C(6)(c)(ii)

Omit ", the required activities or work (as the case may be)".

51 Paragraph 542C(7)(c)

Omit ", the required activities or work (as the case may be)".

52 Subsections 542C(8) and (9)

Repeal the subsections.

53 Section 542E

Repeal the section.

54 Section 542EA (heading)

Repeal the heading, substitute:

542EA Exemption from undertaking full-time study--death of

person's partner

55 Paragraphs 542FA(2)(b) and (4)(b)

Omit "not be required to satisfy the activity test", substitute "be exempt

from undertaking full-time study".

56 Section 542FB

Repeal the section.

57 Paragraph 542H(1)(b)

Omit "satisfy the activity test", substitute "undertake full-time study".

58 Paragraph 543A(2)(c)

Repeal the paragraph, substitute:

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pathway plan; or

59 Paragraph 543A(2B)(a)

Omit "540(b)", substitute "540(1)(b)".

60 Subdivision E of Division 1 of Part 2.11

Repeal the Subdivision.

61 Section 547AA

Repeal the section.

62 Subsection 549CA(1)

Omit "neither section 540AA (about new apprentices) nor

paragraph 541(1)(a) (about full-time study) applies", substitute "neither

subparagraph 540(1)(a)(i) (about full-time study) nor section 540AA

(about new apprentices) applies".

63 Paragraph 549CA(2)(c)

Omit "section 540AA or paragraph 541(1)(a) applied", substitute

"subparagraph 540(1)(a)(i) or section 540AA applied".

64 Subparagraph 549CB(4)(c)(ii)

Omit "neither section 540AA (about new apprentices) nor

paragraph 541(1)(a) (about full-time study) applies", substitute "neither

subparagraph 540(1)(a)(i) (about full-time study) nor section 540AA

(about new apprentices) applies".

65 Paragraph 550(1)(b)

Repeal the paragraph, substitute:

(b) ceases to undertake full-time study and is not exempt from

undertaking full-time study (see Subdivision C of

Division 1); or

66 Subsection 550(4)

Repeal the subsection.

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67 Section 556A

Repeal the section, substitute:

556A Approved program of work supplement

If a person:

(a) is receiving youth allowance; and

(b) is participating in an approved program of work for income

support payment;

the rate of the person's youth allowance is increased by an amount

of $20.80, to be known as the approved program of work

supplement, for each fortnight during which the person participates

in the program.

68 Paragraphs 593(1)(b) to (f)

Repeal the paragraphs, substitute:

(b) throughout the period the person satisfies subsection (1AC);

and

69 Subsection 593(1) (note 13)

Omit "C,".

70 After subsection 593(1AB)

Insert:

(1AC) A person satisfies this subsection if:

(a) the following apply:

(i) the person satisfies the employment pathway plan

requirements;

(ii) the person satisfies the Employment Secretary that the

person is willing to actively seek and to accept and

undertake paid work in Australia, except particular paid

work that is unsuitable to be done by the person; or

(b) the following apply:

(i) the person is, under Subdivision C of Division 2A of

Part 3 of the Administration Act, not required to satisfy

the employment pathway plan requirements;

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(ii) the person satisfies the Employment Secretary that the

person would otherwise be willing to actively seek and

to accept and undertake paid work in Australia, except

particular paid work that is unsuitable to be done by the

person.

Note 1:

For

satisfies the

employment pathway plan requirements

see

subsection 23(1).

Note 2:

See Division 2B of Part 3 of the Administration Act for the

circumstances in which paid work is unsuitable to be done by a

person.

71 Paragraph 593(1D)(f)

Omit "satisfy the activity test", substitute "enter into an employment

pathway plan".

72 Subsection 595(1) (note)

Repeal the note.

73 Subsection 595(2)

Omit "a Jobseeker Employment Pathway Plan, or with a requirement

under subsection 601(1A),", substitute "an employment pathway plan".

74 Paragraph 595(3)(a)

Omit "a requirement under subsection 601(1A) (activity test) or a

requirement in a Jobseeker Employment Pathway Plan", substitute "a

requirement in an employment pathway plan".

75 Paragraph 598(3AA)(b)

Repeal the paragraph, substitute:

(b) is not required to satisfy the employment pathway plan

requirements because of a determination that is in effect

under section 40L of the Administration Act and that has

been made because of the circumstance referred to in

paragraph 40L(5)(a) of that Act;

76 Paragraph 598(3B)(b)

Repeal the paragraph, substitute:

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(b) is not required to satisfy the employment pathway plan

requirements because of a determination that is in effect

under section 40L of the Administration Act and that has

been made because of the circumstance referred to in

paragraph 40L(5)(a) of that Act;

77 Subdivisions B, BA and C of Division 1 of Part 2.12

Repeal the Subdivisions.

78 Paragraph 613(2)(b)

Omit "a Jobseeker Employment Pathway Plan", substitute "an

employment pathway plan".

79 Subsection 613(2) (note)

Repeal the note.

80 Section 615

Repeal the section.

81 Section 644AAA

Repeal the section, substitute:

644AAA Approved program of work supplement

If a person:

(a) is receiving jobseeker payment; and

(b) is participating in an approved program of work for income

support payment;

the rate of the person's jobseeker payment is increased by an

amount of $20.80, to be known as the approved program of work

supplement, for each fortnight during which the person participates

in the program.

82 Subparagraph 665U(1)(c)(ii)

Omit "to satisfy the activity test under section 601 or to comply with a

requirement in a Jobseeker Employment Pathway Plan", substitute "to

comply with a requirement in an employment pathway plan".

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83 Paragraph 729(2)(da)

Repeal the paragraph, substitute:

(da) the person is not disqualified for a youth allowance for the

period because the person fails to satisfy the employment

pathway plan requirements; and

84 Paragraph 729(2)(g)

Omit "paragraph (2B)", substitute "subsection (2B)".

85 Subsection 729(2B)

Repeal the subsection, substitute:

(2B) A person referred to in paragraph (2)(g) is qualified for special

benefit in respect of a period only if, in addition to meeting any

relevant requirement in paragraphs (2)(a) to (f), throughout the

period:

(a) the following apply:

(i) the person satisfies the employment pathway plan

requirements;

(ii) the person satisfies the Employment Secretary that the

person is willing to actively seek and to accept and

undertake paid work in Australia, except particular paid

work that is unsuitable to be done by the person; or

(b) the following apply:

(i) the person is, under Subdivision C of Division 2A of

Part 3 of the Administration Act, not required to satisfy

the employment pathway plan requirements;

(ii) the person satisfies the Employment Secretary that the

person would otherwise be willing to actively seek and

to accept and undertake paid work in Australia, except

particular paid work that is unsuitable to be done by the

person.

Note 1:

For

satisfies the

employment pathway plan requirements

see

subsection 23(1).

Note 2:

See Division 2B of Part 3 of the Administration Act for the

circumstances in which paid work is unsuitable to be done by a

person.

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86 Subdivisions AA and AB of Division 1 of Part 2.15

Repeal the Subdivisions.

87 Paragraph 737(3)(b)

Omit "a Special Benefit Employment Pathway Plan", substitute "an

employment pathway plan".

88 Section 747

Repeal the section, substitute:

747 Approved program of work supplement for persons who are

nominated visa holders

If a person who is a nominated visa holder:

(a) is receiving special benefit; and

(b) is participating in an approved program of work for income

support payment;

the rate of the person's special benefit is increased by an amount of

$20.80, to be known as the approved program of work supplement,

for each fortnight during which the person participates in the

program.

89 Subparagraph 1035(1)(c)(iv)

Repeal the subparagraph, substitute:

(iv) if the person is receiving jobseeker payment--the

person is required to satisfy the employment pathway

plan requirements;

(iva) if the person is receiving youth allowance--the person

is undertaking full-time study (see section 541B) or is

required to satisfy the employment pathway plan

requirements;

(ivb) if the person is receiving austudy payment--the person

is required to satisfy the activity test;

90 Subparagraph 1046(2)(b)(i)

Omit "the application of section 601 or 605 of this Act, or", substitute

"because the person ceases to satisfy the employment pathway plan

requirements and other than the application of".

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91 Subparagraph 1046(2)(b)(ii)

Omit "the application of section 541A, 544A, 544C, 550", substitute

"because the person ceases to satisfy the employment pathway plan

requirements and other than the application of section 550B, 551".

92 Subparagraphs 1046(2)(b)(iv) and (v)

Repeal the subparagraphs.

93 Subparagraph 1046(2B)(b)(i)

Omit "the application of section 601 or 605 of this Act, or", substitute

"because the person ceases to satisfy the employment pathway plan

requirements and other than the application of".

94 Subparagraph 1046(2B)(b)(ii)

Omit "the application of section 541A, 544A,", substitute "because the

person ceases to satisfy the employment pathway plan requirements and

other than the application of section".

95 Subparagraph 1061ZAAA(1)(b)(i)

Omit "satisfies the activity test by", substitute "is".

96 Subparagraph 1061ZAAA(1)(b)(ii)

Omit "Youth Allowance Employment Pathway Plan", substitute

"employment pathway plan".

97 Subparagraph 1061ZEA(2)(ga)(iia)

Omit "one or both of paragraphs 540(1)(a) and (c) no longer apply",

substitute "paragraph 540(1)(a) no longer applies".

98 Subparagraph 1061ZEA(2)(ga)(iib)

Omit "one or more of paragraphs 593(1)(a) to (f)", substitute "either or

both of paragraphs 593(1)(a) and (b)".

99 Subparagraph 1061ZVBB(1)(a)(iii)

Omit "paragraph 541(1)(a)", substitute "subparagraph 540(1)(a)(i)".

100 Paragraph 1067A(14)(a)

Omit "paragraph 541(1)(a)", substitute "subparagraph 540(1)(a)(i)".

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101 Paragraph 1067G-B3A(c)

Repeal the paragraph, substitute:

(i) has an exemption under section 542FA because of a

determination in relation to the person under

subsection 542FA(3) or (3A); or

(ii) is not required to satisfy the employment pathway plan

requirements because of a determination that is in effect

under subsection 40P(2) of the Administration Act

because of paragraph 40P(2)(a) or (b) of that Act;

102 Paragraph 1067G-C1(c)

Repeal the paragraph, substitute:

(i) has a temporary incapacity exemption under

section 542A; or

(ii) is not required to satisfy the employment pathway plan

requirements because of a determination that is in effect

under section 40L of the Administration Act and that

has been made because of the circumstance referred to

in paragraph 40L(5)(a) of that Act.

103 After point 1067G-H3

Insert:

1067G-H3A The ordinary income of a person:

(a) who is not required to satisfy the employment pathway plan

requirements because of a determination that is in effect

under section 40L of the Administration Act and that has

been made because of the circumstance referred to in

paragraph 40L(5)(a) of that Act; or

(b) who is a partner of a person who is not required to satisfy the

employment pathway plan requirements because of a

determination that is in effect under section 40L of the

Administration Act and that has been made because of the

circumstance referred to in paragraph 40L(5)(a) of that Act;

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is not to include any amount received from an approved friendly

society in respect of the incapacity that resulted in the

determination.

104 Point 1067G-H5

Repeal the point, substitute:

Ordinary income to include certain sick leave entitlements

1067G-H5 If a person is qualified for youth allowance and the person:

(a) has a temporary incapacity exemption under section 542A; or

(b) is not required to satisfy the employment pathway plan

requirements because of a determination that is in effect

under section 40L of the Administration Act and that has

been made because of the circumstance referred to in

paragraph 40L(5)(a) of that Act;

the person's ordinary income is taken to include an amount equal

to the amount in respect of sick leave worked out under points

1067G-H6, 1067G-H7 and 1067G-H8.

105 Point 1067G-H9

Repeal the point.

106 Point 1067G-H15

Omit "1067G-H9", substitute "1067G-H8".

107 Paragraph 1068-B5(c)

Omit "satisfy the activity test because of a determination in relation to

the person under subsection 602C(3) or (3A)", substitute "satisfy the

employment pathway plan requirements because of a determination that

is in effect under subsection 40P(2) of the Administration Act because

of paragraph 40P(2)(a) or (b) of that Act".

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108 Point 1068-D2

Omit "is, under Subdivision BA of Division 1 of Part 2.12, exempt from

the activity test", substitute "is not required to satisfy the employment

pathway plan requirements because of a determination that is in effect

under section 40L of the Administration Act and that has been made

because of the circumstance referred to in paragraph 40L(5)(a) of that

Act".

109 Point 1068-G4

Omit "under Subdivision BA of Division 1 of Part 2.12, is not required

to satisfy the activity test", substitute "is not required to satisfy the

employment pathway plan requirements because of a determination that

is in effect under section 40L of the Administration Act and that has

been made because of the circumstance referred to in

paragraph 40L(5)(a) of that Act,".

110 Point 1068-G4

Omit "the activity test" (last occurring), substitute "those employment

pathway plan requirements".

111 Subparagraph 1068B-E1(d)(ii)

Repeal the subparagraph, substitute:

(ii) the person is not required to satisfy the employment

pathway plan requirements because of a determination

that is in effect under section 40L of the Administration

Act and that has been made because of the circumstance

referred to in paragraph 40L(5)(a) of that Act;

112 Subsection 1118AA(2)

Omit "subparagraph 501E(1)(d)(iv) and".

113 Subsection 1118AB(2)

Omit "subparagraph 501E(1)(d)(iv) and".

114 Subsection 1118AC(2)

Omit "subparagraph 501E(1)(d)(iv) and".

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115 Paragraph 1132(6)(b)

Omit "601,".

116 Subparagraph 1161(1)(a)(i)

Repeal the subparagraph, substitute:

(i) a jobseeker payment in relation to which the recipient of

the payment is not required to satisfy the employment

pathway plan requirements because of a determination

that is in effect under section 40L of the Administration

Act and that has been made because of the circumstance

referred to in paragraph 40L(5)(a) of that Act; or

117 Paragraph 1223(2)(c)

Omit "meet one or more participation requirements that applied to the

person under section 500A", substitute "satisfy the employment

pathway plan requirements that applied to the person".

118 Paragraph 1223(7A)(d)

Omit "meet one or more participation requirements that applied to the

person under section 500A", substitute "satisfy the employment

pathway plan requirements that applied to the person".

Social Security (Administration) Act 1999

119 Subparagraph 37(2)(b)(v)

Omit "nil; or", substitute "nil.".

120 Subparagraph 37(2)(b)(vi)

Repeal the subparagraph.

121 Subparagraph 37(6)(b)(v)

Omit "nil; or", substitute "nil.".

122 Subparagraph 37(6)(b)(vi)

Repeal the subparagraph.

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123 After Division 2 of Part 3

Insert:

Division 2A--Employment pathway plans

Note:

The powers of the Employment Secretary under this Division may be delegated under

section 234 (including to a person engaged by an organisation that performs services for

the Commonwealth).

Subdivision A--Entry into employment pathway plans

40A Requirement to enter into employment pathway plans

No existing employment pathway plan in force

(1) The Employment Secretary may require a person to enter into an

employment pathway plan if an employment pathway plan is not in

force in relation to the person and one of the following applies:

(a) either:

(i) the person is receiving, or has made a claim for, a

jobseeker payment or a youth allowance; or

(ii) the Department is contacted by or on behalf of the

person in relation to a claim for a jobseeker payment or

a youth allowance;

(b) the person is someone to whom paragraph 500(1)(c) or (ca)

of the 1991 Act applies and either:

(i) the person is receiving, or has made a claim for,

parenting payment; or

(ii) the Department is contacted by or on behalf of the

person in relation to a claim for parenting payment;

(i) the person is receiving, or has made a claim for, a

special benefit; or

(ii) the Department is contacted by or on behalf of the

person in relation to a claim for special benefit.

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Existing employment pathway plan already in force

(2) If an employment pathway plan is in force in relation to a person,

the Employment Secretary may require the person to enter into

another plan instead of the existing one.

Notification of requirement

(3) The Employment Secretary must notify a person who is required to

enter into an employment pathway plan of the requirement. The

notification:

(a) must give the person the option of entering into the plan

under section 40D; and

(b) may also give the person the option of entering into the plan

under section 40E, taking into account the person's

circumstances.

40B Use of technological processes

(1) The Employment Secretary may arrange for the use of

technological processes in relation to the following:

(a) persons entering into employment pathway plans under

section 40D or 40E;

(b) the variation of such plans.

Note:

A person does not enter into an employment pathway plan unless the

person accepts such a plan: see paragraphs 40D(1)(a) and 40E(1)(c).

Arrangement not a legislative instrument

(2) If an arrangement under this section is made in writing, the

arrangement is not a legislative instrument.

40C Use of questionnaire

(1) The Employment Secretary may arrange for the completion of a

questionnaire in relation to the following:

(a) persons entering into employment pathway plans under

section 40D or 40E;

(b) the variation of such plans.

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(2) A questionnaire may relate to, but is not limited to, one or more of

the employment pathway plan matters in relation to a person.

Note:

For

employment pathway plan matters

, see section 40F.

(3) A purpose of the questionnaire is to obtain information for the

purposes of working out under which section the person is able to

enter into an employment pathway plan.

Arrangement not a legislative instrument

(4) If an arrangement under this section is made in writing, the

arrangement is not a legislative instrument.

40D Employment pathway plans--plans developed by the

Employment Secretary

(1) A person enters into an employment pathway plan under this

section if:

(a) the person notifies the Employment Secretary that the person

accepts the employment pathway plan developed by the

Employment Secretary; and

(b) that acceptance occurs after one or more communications

between the person and the Employment Secretary in relation

to that plan.

Note:

For variation of employment pathway plans, see section 40V.

Plan requirements

(2) The employment pathway plan developed by the Employment

Secretary must contain one or more requirements that the person is

required to comply with.

Note:

See Subdivision B for limitations on the kind of requirements that can

be contained in employment pathway plans.

Optional terms

(3) The employment pathway plan may also contain one or more terms

that the person may, but is not required to, comply with.

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Approval of requirements

(4) The requirements in the employment pathway plan are to be

approved by the Employment Secretary. Those requirements must

not be approved by the processes referred to in subsection 40B(1).

(5) The Employment Secretary must not approve requirements that are

not suitable for the person. For this purpose, the Employment

Secretary must take into account the following matters:

(a) the employment pathway plan matters in relation to the

person;

(b) the person's capacity to comply with the requirements;

(d) any other matters that the Employment Secretary or the

person considers relevant in the circumstances.

Note:

For

employment pathway plan matters

, see section 40F.

40E Employment pathway plans--streamlined processes

(1) A person enters into an employment pathway plan under this

section if:

(a) the person is given information as part of the processes

referred to in subsection 40B(1) informing the person of the

matters the person should consider in deciding whether to

accept an employment pathway plan under this section; and

(b) a proposed employment pathway plan is produced as part of

those processes that:

(i) contains one or more requirements that the person is

required to comply with; and

(ii) may contain one or more terms that the person may, but

is not required to, comply with; and

employment pathway plan, the person accepts that plan as

part of those processes.

Note 1:

If the person does not want to accept the proposed employment

pathway plan that is produced as part of those processes, the person

can still enter into an employment pathway plan under section 40D.

Note 2:

See Subdivision B for limitations on the kind of requirements that can

be contained in employment pathway plans.

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Note 3:

For variation of employment pathway plans, see section 40V.

(2) This section does not prevent the person from entering into an

employment pathway plan under section 40D after the person has

entered into an employment pathway plan under this section.

40F Employment pathway plan matters

The

employment pathway plan matters

in relation to a person are

the following:

(a) the person's education, experience, skills and age;

(b) the impact of any disability, illness, mental condition or

physical condition of the person on the person's ability to

work, to look for work or to participate in training activities;

options available to the person in accessing that market;

(d) the participation opportunities available to the person;

(e) the family and caring responsibilities of the person;

(f) the length of travel time required to comply with

requirements in an employment pathway plan;

(g) the financial costs (such as travel costs) of complying with

requirements in an employment pathway plan, and the

person's capacity to pay for such costs.

40G Employment pathway plans--examples of requirements

Seeking, accepting and undertaking paid work

(1) An employment pathway plan under this Subdivision in relation to

a person may contain requirements relating to one or more of the

following:

(a) the person actively seeking paid work in Australia;

(b) the person accepting, and being willing to accept, offers of

paid work in Australia;

work in Australia;

except particular paid work that is unsuitable to be done by the

person.

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Note:

See Division 2B for the circumstances in which paid work is

unsuitable to be done by a person.

Undertaking of other activities

(2) An employment pathway plan under this Subdivision in relation to

a person may contain requirements relating to one or more of the

following:

(a) the person undertaking training or study;

(b) the person undertaking voluntary work;

income support payment (subject to section 40J) or in an

employment program;

(d) the person attending an interview with a person engaged by

an organisation that performs services for the

Commonwealth;

(e) the person completing, updating or improving the person's

résumé.

Reporting on compliance

(3) An employment pathway plan under this Subdivision in relation to

a person may contain requirements relating to the person's

reporting of compliance with the plan.

Parenting payment--health and education

(4) In relation to parenting payment and a person to whom

paragraph 500(1)(ca) of the 1991 Act applies, an employment

pathway plan under this Subdivision may contain requirements

relating to one or more of the following:

(a) the person's education;

(b) the health of a PP child of the person;

No limit on requirements in plans

(5) Subsections (1) to (4) do not limit the requirements that an

employment pathway plan may contain.

Note:

See Subdivision B for limitations on the kind of requirements that can

be contained in employment pathway plans.

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Subdivision B--What employment pathway plans must not

contain

40H Employment pathway plans not to contain requirements about

undertaking unsuitable paid work

An employment pathway plan under Subdivision A in relation to a

person must not contain a requirement relating to one or more of

the following:

(a) the person seeking paid work in Australia;

(b) the person accepting offers of paid work in Australia;

that is particular paid work that is unsuitable to be done by the

person.

Note:

See Division 2B for the circumstances in which paid work is

unsuitable to be done by a person.

40J Employment pathway plans not to contain requirements to

participate in an approved program of work

Parenting payment

(1) An employment pathway plan under Subdivision A, that is in force

in relation to a person who is receiving parenting payment, must

not require the person to participate in an approved program of

work for income support payment if:

(a) either:

(i) if the person's rate of parenting payment is worked out

under the Pension PP (Single) Rate Calculator in

section 1068A of the 1991 Act--because of the

application of Module E of that rate calculator, the

person is receiving parenting payment at a rate that has

been reduced; or

(ii) if the person's rate of parenting payment is worked out

under the Benefit PP (Partnered) Rate Calculator in

section 1068B of the 1991 Act--because of the

application of Module D of that rate calculator, the

person is receiving parenting payment at a rate that has

been reduced; or

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(b) the person is at least 50 years of age and is not a person to

whom subsection 28(4) of the 1991 Act applies.

Youth allowance

(2) An employment pathway plan under Subdivision A, that is in force

in relation to a person who is receiving a youth allowance, must

not require the person to participate in an approved program of

work for income support payment if:

(a) the person is under 18 years of age; or

(b) the person is undertaking full-time study (see section 541B of

the 1991 Act); or

Youth Allowance Rate Calculator in section 1067G of the

1991 Act, the person is receiving the youth allowance at a

rate that has been reduced; or

(d) the program of work requires the person to move from a

home in one place to a home in another place.

Jobseeker payment

(3) An employment pathway plan under Subdivision A, that is in force

in relation to a person who is receiving a jobseeker payment, must

not require the person to participate in an approved program of

work for income support payment if:

(a) because of the application of Module G of Benefit Rate

Calculator B in section 1068 of the 1991 Act, the person is

receiving the jobseeker payment at a rate that has been

reduced; or

(b) the person is at least 50 years of age and is not a person to

whom subsection 28(4) of the 1991 Act applies.

Special benefit

(4) An employment pathway plan under Subdivision A, that is in force

in relation to a person who is receiving a special benefit, must not

require the person to participate in an approved program of work

for income support payment if:

(a) the person is under 18 years of age; or

(b) the person or the person's partner has income; or

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whom subsection 28(4) of the 1991 Act applies.

40K Employment pathway plans not to contain certain other

requirements

(1) An employment pathway plan under Subdivision A must not

contain a requirement of a kind that the Employment Secretary

determines under subsection (2).

(2) The Employment Secretary must, by legislative instrument,

determine the kinds of requirements that employment pathway

plans must not contain.

Subdivision C--Exemptions from employment pathway plan

requirements

40L Circumstances making it unreasonable etc. to comply with

requirements

(1) A person is not required to satisfy the employment pathway plan

requirements if a determination under this section is in effect in

relation to the person.

Circumstances beyond a person's control

(2) The Employment Secretary may make a determination under this

section in relation to the person if:

(a) the Employment Secretary is satisfied that circumstances

exist that are beyond the person's control; and

(b) the Employment Secretary is satisfied that in those

circumstances it would be unreasonable to expect the person

to comply with the employment pathway plan requirements.

Note:

See also section 40U (general rules about determinations under this

Subdivision).

Other circumstances

(3) The Employment Secretary may make a determination under this

section in relation to the person if the Employment Secretary is

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satisfied in all the circumstances that the person should not be

required to satisfy the employment pathway plan requirements.

Note:

See also section 40U (general rules about determinations under this

Subdivision).

Exception--misuse of alcohol or another drug

(4) Subsection (2) or (3) does not apply to circumstances wholly or

predominantly attributable to the person's misuse of alcohol or

another drug, unless the person is a declared program participant.

Examples of relevant circumstances

(5) The Employment Secretary may make a determination under

subsection (2) or (3) in relation to a person in circumstances that

relate to, but are not limited to, the following:

(a) the person having a temporary incapacity resulting in the

person being unable to undertake work for at least 8 hours

per week, where the person has given the Employment

Secretary a certificate of a medical practitioner, in the form

(if any) approved by the Employment Secretary, that

supports the incapacity being caused by a medical condition

arising from sickness or an accident;

(b) the person experiencing a marriage or relationship

breakdown;

(d) the person having suffered a significant personal crisis;

(e) the person having been affected by an emergency, disaster or

public health crisis.

Revocation of determination

(6) The Employment Secretary may revoke a determination under this

section in relation to a person if the Employment Secretary is

satisfied in all the circumstances that it is no longer appropriate for

the determination to remain in effect.

Later exemptions do not limit this section

(7) Sections 40M to 40T do not limit this section.

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40M Death of person's partner

Claimants

(1) A person is not required to satisfy the employment pathway plan

requirements in respect of a period (the

applicable period

) if:

(a) the person makes a claim for a jobseeker payment, parenting

payment, a youth allowance or a special benefit; and

(b) the person makes the claim after the death of the person's

partner; and

died--the person makes the claim in the period of 14 weeks

starting on the day of the death of the partner; and

(d) if the person was pregnant when the person's partner died--

the person makes the claim:

(i) in the period of 14 weeks starting on the day of the

death of the partner; or

(ii) in the period starting on the day of the death of the

partner and ending when the child is born or the person

otherwise stops being pregnant;

whichever ends later.

The applicable period is the period applicable under paragraph (c)

or (d).

Recipients

(2) A person is not required to satisfy the employment pathway plan

requirements in respect of a period (the

applicable period

) if:

(a) the person is receiving a jobseeker payment, parenting

payment, a youth allowance or a special benefit; and

(b) while the person is receiving the payment, allowance or

benefit the person's partner dies; and

died--the person notifies the Employment Secretary of the

person's partner's death in the period of 14 weeks starting on

the day of the death of the partner; and

(d) if the person was pregnant when the person's partner died--

the person notifies the Employment Secretary of the person's

partner's death:

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(i) in the period of 14 weeks starting on the day of the

death of the partner; or

(ii) in the period starting on the day of the death of the

partner and ending when the child is born or the person

otherwise stops being pregnant;

whichever ends later; and

(e) the person is receiving the payment, allowance or benefit on

the day of the notification.

The applicable period is the period applicable under paragraph (c)

or (d).

40N Domestic violence

(1) A person is not required to satisfy the employment pathway plan

requirements if a determination under this section is in effect in

relation to the person.

(2) The Employment Secretary must make a determination under this

section in relation to the person if the Employment Secretary is

satisfied that the person was subjected to domestic violence in the

last 26 weeks.

Note:

See also section 40U (general rules about determinations under this

Subdivision).

(3) The Employment Secretary may revoke a determination under this

section in relation to a person if the Employment Secretary is

satisfied in all the circumstances that it is no longer appropriate for

the determination to remain in effect.

40P Caring responsibilities

(1) A person is not required to satisfy the employment pathway plan

requirements if a determination under this section is in effect in

relation to the person.

Mandatory determination

(2) The Employment Secretary must make a determination under this

section in relation to the person if the Employment Secretary is

satisfied that:

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(a) the person is the principal carer of one or more children and

that one or more of the following apply:

(i) the person is a registered and active foster carer;

(ii) the person is a home educator of one or more of those

children;

(iii) the person is a distance educator of one or more of those

children;

(iv) under a family law order that the person is complying

with, a child, of whom the person is a relative (other

than a parent), is to live with the person; or

(b) the following apply:

(i) the person is the principal carer of a child;

(ii) the person is the principal carer of one or more other

children or the main supporter of one or more secondary

pupil children or both;

(iii) there are 4 or more of the children of whom the person

is the principal carer or main supporter; or

(i) the person is not the principal carer of one or more

children;

(ii) the person is a registered and active foster carer;

(iii) the person is providing foster care to a child temporarily

in an emergency or to give respite to another person

from caring for the child; or

(d) the following apply:

(i) the person is the main supporter of one or more

secondary pupil children;

(ii) the person is a home educator or distance educator of

one or more of those children; or

(e) the following apply:

(i) the person is the principal carer of one or more children;

(ii) the person is a relative (other than a parent) of a child

(the

kin child

);

(iii) there is a document that provides for the kin child to

live with the person for the care and wellbeing of the

kin child and that is prepared or accepted by an

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authority of a State or Territory that has responsibility

for the wellbeing of children;

(iv) the person is acting in accordance with the document.

Note 1:

For

principal carer

see subsections 5(15) to (24) of the 1991 Act.

Note 2:

For

registered and active foster carer

see section 5B of the 1991 Act.

Note 3:

For

home educator

see section 5C of the 1991 Act.

Note 4:

For

distance educator

see section 5D of the 1991 Act.

Note 5:

For

family law order

see subsection 23(1) of the 1991 Act.

Note 6:

For

relative (other than a parent)

see section 5E of the 1991 Act.

Note 7:

For

main supporter

see section 5G of the 1991 Act.

Note 8:

For

secondary pupil child

see section 5F of the 1991 Act.

Note 9:

See also section 40U (general rules about determinations under this

Subdivision).

Discretionary determination

(3) The Employment Secretary may make a determination under this

section in relation to the person if the Employment Secretary is

satisfied that the person is the principal carer of one or more

children:

(a) who suffer from a physical, intellectual or psychiatric

disability or illness; and

(b) whose care needs are such that the person should, for the

period specified in the determination, not be required to

satisfy the employment pathway plan requirements.

Note 1:

For

principal carer

see subsections 5(15) to (24) of the 1991 Act.

Note 2:

See also section 40U (general rules about determinations under this

Subdivision).

Revocation

(4) The Employment Secretary may revoke a determination under this

section in relation to a person if the Employment Secretary is

satisfied in all the circumstances that it is no longer appropriate for

the determination to remain in effect.

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40Q Pre-natal and post-natal relief

(1) A pregnant woman is not required to satisfy the employment

pathway plan requirements for the period that starts 6 weeks before

the woman's expected date of confinement and ends on the day on

which the woman gives birth to the child (whether or not the child

is born alive).

(2) If a woman gives birth to a child (whether or not the child is born

alive), the woman is not required to satisfy the employment

pathway plan requirements for the period that starts on the day on

which she gives birth to the child and ends 6 weeks after that day.

40R Persons engaged in work

Persons 55 and over

(1) A person who has reached 55 years of age is not required to satisfy

the employment pathway plan requirements in respect of a period

of 2 weeks if:

(a) unless paragraph (b) applies--the person:

(i) is engaged in approved unpaid voluntary work for an

approved organisation for at least 30 hours in that

2-week period; or

(ii) is engaged, for at least 30 hours in that 2-week period,

in a combination of approved unpaid voluntary work for

an approved organisation and of paid work that the

Secretary regards as suitable; or

(iii) is engaged for at least 30 hours in that 2-week period in

paid work that the Secretary regards as suitable; or

(b) if the person is under 60 years of age and that 2-week period

begins before the end of 12 months starting on the day the

person starts to receive jobseeker payment or special

benefit--the person:

(i) is engaged, for at least 30 hours in that 2-week period,

in work consisting of a combination of approved unpaid

voluntary work for an approved organisation and of at

least 15 hours of paid work that the Secretary regards as

suitable; or

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(ii) is engaged for at least 30 hours in that 2-week period in

paid work that the Secretary regards as suitable.

(2) For the purposes of this section:

(a) approved unpaid voluntary work is work, either full-time or

otherwise, that has been approved by the Employment

Secretary for the purposes of this section; and

(b) an approved organisation is an organisation that has been

approved by the Employment Secretary for the purposes of

this section.

Principal carers and people with partial capacity to work

(3) A person is not required to satisfy the employment pathway plan

requirements in respect of a period of 2 weeks if the person:

(a) is the principal carer of at least one child or has a partial

capacity to work; and

(b) is engaged for at least 30 hours in that 2-week period in paid

work that the Secretary regards as suitable.

Note 1:

For

principal carer

see subsections 5(15) to (24) of the 1991 Act.

Note 2:

For

partial capacity to work

see section 16B of the 1991 Act.

40S Jobseeker payment rules only

Rehabilitation program

(1) A person is not required to satisfy the employment pathway plan

requirements in respect of a period (the

applicable period

) if:

(a) subparagraph 593(1)(a)(iii) of the 1991 Act applies in

relation to the person; and

(b) the person is undertaking a rehabilitation program; and

work; and

(d) the length of the person's participation in the program is, or

is likely to be, at least 6 weeks; and

(e) the person's participation in the program will, or is likely to,

end within the period of 208 weeks after the jobseeker

payment commenced to be payable to the person.

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The applicable period is the period the person is undertaking the

rehabilitation program or such shorter or longer period determined

by the Employment Secretary.

Interaction with the ABSTUDY Scheme

(2) A person is not required to satisfy the employment pathway plan

requirements in respect of a period (the

applicable period

) if:

(a) jobseeker payment is payable to the person because of

subsection 614(6) of the 1991 Act; and

(b) the person has commenced the full-time course of education

referred to in paragraph 614(6)(a) of the 1991 Act.

The applicable period is the period during which the payment is

payable to the person because of that subsection.

40T Exceptional circumstances

(1) A person is not required to satisfy the employment pathway plan

requirements if the person is included in a class of persons

specified in a determination under this section that is in effect.

(2) The Employment Secretary may make a determination under this

section specifying a class of persons for the purposes of

subsection (1).

Note:

See also section 40U (general rules about determinations under this

Subdivision).

(3) The Employment Secretary may make the determination only if the

Employment Secretary is satisfied that exceptional circumstances

exist to justify making the determination.

(4) Without limiting subsection (3), the exceptional circumstances may

be that there is an emergency, disaster or public health crisis

affecting Australia or one or more parts of Australia.

Publication

(5) The Employment Secretary must cause details of the class of

persons and of the exceptional circumstances to be published on

the Employment Department's website.

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Revocation of determination

(6) The Employment Secretary may revoke a determination under this

section if the Employment Secretary is satisfied in all the

circumstances that it is no longer appropriate for the determination

to remain in effect.

(7) The Employment Secretary must cause details of the revocation to

be published on the Employment Department's website.

40U General rules

(1) A determination under this Subdivision may specify the period

during which the determination has effect.

(2) A determination under this Subdivision may be expressed to take

effect on a day that is earlier than the day on which the

determination is made.

(3) A revocation of a determination under this Subdivision takes effect

on the day specified in the revocation, which must not be earlier

than the day the revocation is made.

(4) A determination under this Subdivision, or a revocation of such a

determination, is not a legislative instrument.

Subdivision D--Variation, cancellation and review of

employment pathway plans

40V Variation, cancellation and review of employment pathway

plans

Variation

(1) The Employment Secretary may vary an employment pathway plan

that is in force under Subdivision A in relation to a person after

discussion with the person and after taking into account the matters

mentioned in paragraphs 40D(5)(a), (b), (c) and (d).

(2) The Employment Secretary may vary the plan on the Employment

Secretary's own initiative or on request of the person.

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(3) If the person requests a variation of the plan, the Employment

Secretary must:

(a) make a decision under subsection (1) to vary the plan; or

(b) make a decision to refuse to vary the plan.

(4) The Employment Secretary must notify the person of the variation

or of the decision to refuse to vary the plan.

(5) If an employment pathway plan is in force under Subdivision A in

relation to a person, the person may vary the plan in accordance

with the processes referred to in subsection 40B(1).

Cancellation

(6) The Employment Secretary must cancel an employment pathway

plan that is in force under Subdivision A in relation to a person if

the person enters into another employment pathway plan.

Review

(7) The Employment Secretary may review an employment pathway

plan that is in force under Subdivision A in relation to a person.

(8) The Employment Secretary may review the plan on the

Employment Secretary's own initiative or on request of the person.

Subdivision E--Notification of circumstances preventing or

affecting compliance with employment pathway

plans

40W Notification of circumstances preventing or affecting

compliance with employment pathway plans

If an employment pathway plan is in force under Subdivision A in

relation to a person, the person must notify the Employment

Secretary of any circumstances preventing the person from

complying, or reducing the person's capacity to comply, with the

requirements in the plan.

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Division 2B--Circumstances in which paid work is

unsuitable

40X Circumstances in which paid work is unsuitable

(1) For the purposes of the social security law, particular paid work is

unsuitable

to be done by a person if and only if:

(a) the person lacks the particular skills, experience or

qualifications that are needed to perform the work and no

relevant training will be provided to the person; or

(b) 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

does not have access to appropriate care and supervision for

the children during:

(i) the times when the person would be required to

undertake the work; or

(ii) reasonable amounts of time that would be needed for

the person to travel from the person's home to the place

of work and from the place of work to the person's

home; or

(d) performing the work in the conditions in which the work

would be performed would constitute a risk to health or

safety and would contravene a law of the Commonwealth, a

State or a Territory relating to occupational health and safety;

(e) the terms and conditions for the work would be less generous

than the applicable statutory conditions; or

(f) commuting between the person's home and the place of work

would be unreasonably difficult; or

(g) the work would require enlistment in the Defence Force or

the Reserves; or

(h) the work requires the person to move from a home in a place

to a home in another place; or

(i) for any other reason, the work is unsuitable to be done by the

person.

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Note:

For the purposes of paragraph (i), see also subsections (4) and (5).

Work outside the area in which the person's home is situated

(2) If:

(a) a person seeks work in an area (the

new area

) that is outside

the area (the

old area

) in which the person's home is

situated; and

(b) the person is offered permanent full-time work (whether or

not work of the kind sought) in the new area;

the work offered is not unsuitable for the person because of

paragraph (1)(f) or (h) unless:

(d) the person or the person's partner is pregnant; or

(e) the person or the person's partner has a severe medical

condition and the condition makes it unreasonable for the

person to accept the offer; or

(f) the acceptance of the offer would jeopardise the current paid

work, or the paid work prospects, of the person's partner; or

(g) the person or the person's partner has a child under the age of

16 who is living with them or is living somewhere else in the

old area; or

(h) the person or the person's partner has significant caring

responsibilities in the old area; or

(i) the educational, cultural or religious background of the

person makes it unreasonable for the person to accept the

offer; or

(j) it is more appropriate for the person to participate in

education or training than to accept the offer; or

(k) the person would suffer severe financial hardship if the

person were to accept the offer.

(3) Without limiting subsection (2), if a person, when seeking paid

work through an employment service provider, represents to the

provider that the person is willing to undertake work outside the

area in which the person's home is situated, the person is taken to

have sought work outside that area.

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Legislative instrument

(4) The Employment Secretary must, by legislative instrument,

determine matters to be taken into account in working out whether

particular paid work is unsuitable to be done by a person for the

purposes of paragraph (1)(i).

(5) Subsection (4) does not limit the matters that may be taken into

account in working out whether particular paid work is unsuitable

to be done by a person for the purposes of paragraph (1)(i).

Interpretation

(6) To avoid doubt, for the purposes of this section, paid work is not

unsuitable to be done by a person merely because:

(a) the work is not the person's preferred type of work; or

(b) the work is not commensurate with the person's highest level

of educational attainment or qualification; or

preferred level of remuneration.

124 Section 42AA

Omit "gain employment", substitute "gain paid work".

125 Section 42AA

Omit "suitable employment", substitute "paid work (except paid work

that is unsuitable to be done by the person)".

126 Paragraph 42AC(1)(b)

Omit "section 501, 544A, 605 or 731L of the 1991 Act", substitute

"section 40A".

127 Paragraph 42AC(1)(h)

Omit "offer of employment not being made to the person", substitute

"offer of paid work in Australia (except particular paid work that is

unsuitable to be done by the person) not being made to the person".

128 Paragraph 42AD(b)

Omit "suitable employment", substitute "paid work in Australia, except

particular paid work that is unsuitable to be done by the person".

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129 Section 42AD (note)

Omit "Note", substitute "Note 1".

130 At the end of section 42AD (after the note)

Add:

Note 2:

See Division 2B for the circumstances in which paid work is

unsuitable to be done by a person.

131 Subparagraph 42C(1)(a)(iv)

Omit "offer of employment not being made to the person", substitute

"offer of paid work in Australia (except particular paid work that is

unsuitable to be done by the person) not being made to the person".

132 Paragraph 42E(2)(b)

Omit "section 501, 544A, 605 or 731L of the 1991 Act", substitute

"section 40A".

133 Paragraphs 42E(4)(b) and (c)

Repeal the paragraphs.

134 Paragraph 42F(1)(a)

Omit "satisfy the activity test", substitute "satisfy the employment

pathway plan requirements".

135 Subsection 42F(2)

Repeal the subsection, substitute:

(2) For each such job vacancy the person (the

job applicant

) applies

for during that period, the job applicant must give the Secretary a

written statement from the person or body offering the job vacancy

that confirms that the job applicant applied for the job vacancy.

136 Subsection 42F(3)

Omit "the employer", substitute "the person or body offering the job

vacancy".

137 Section 42N (heading)

Repeal the heading, substitute:

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42N Serious failure for refusing or failing to accept an offer of paid

work

138 Paragraph 42N(1)(b)

Omit "suitable employment", substitute "paid work in Australia, except

particular paid work that is unsuitable to be done by the person".

139 Subsection 42N(1) (note)

Omit "Note", substitute "Note 1".

140 At the end of subsection 42N(1) (after the note)

Add:

Note 2:

See Division 2B for the circumstances in which paid work is

unsuitable to be done by a person.

141 Paragraph 42SB(2)(b)

Omit "section 501 of the 1991 Act", substitute "section 40A".

142 Subsection 80(4)

Repeal the subsection.

143 Paragraph 124PGC(1)(b)

Omit "neither section 540AA of the 1991 Act (about new apprentices)

nor paragraph 541(1)(a) of the 1991 Act (about full-time study)

applies", substitute "neither subparagraph 540(1)(a)(i) of the 1991 Act

(about full-time study) nor section 540AA of the 1991 Act (about new

apprentices) applies".

144 Subsection 140(1)

Omit "and a section 525B decision".

145 Section 140A

Repeal the section, substitute:

140A Definition of

employment pathway plan decision

For the purposes of this Act, an

employment pathway plan

decision

is:

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(a) a decision of the Employment Secretary under

subsection 40A(3) to notify a person of the requirement to

enter into an employment pathway plan, where the

notification does not give the person the option of entering

into the plan under section 40E; or

(b) a decision of the Employment Secretary under

subsection 40D(4) to approve requirements in an

employment pathway plan; or

subsection 40V(1) to vary an employment pathway plan; or

(d) a decision of the Employment Secretary under

paragraph 40V(3)(b) to refuse to vary an employment

pathway plan.

146 Section 147 (table items 5 and 6)

Omit "or a section 525B decision".

147 Subclause 1(1) of Schedule 1

Insert:

employment pathway plan matters

has the meaning given by

section 40F.

148 Subclause 1(1) of Schedule 1 (paragraph (c) of the

definition of

participation payment

)

Omit "subject to participation requirements", substitute "someone to

whom paragraph 500(1)(c) or (ca) of the 1991 Act applies".

149 Subclause 1(1) of Schedule 1 (definition of

section 525B

decision

)

Repeal the definition.

150 Subclause 4A(5) of Schedule 2

Repeal the subclause, substitute:

Start day--failure to comply with requirement to attend interview

(5) Despite subclause (4), if the person does not comply with the

requirement, the person's start day is:

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(a) the day on which the person complies with that requirement

or with any requirements that the Secretary has required the

person to undertake in place of that requirement, unless

paragraph (b) applies; or

(b) if the Secretary determines an earlier day--that earlier day.

151 Subclause 5(2) of Schedule 2 (paragraph (e) of the

definition of

exclusion period

)

Repeal the paragraph.

152 Application and transitional provisions

--payments and

cards

(1)

The amendments of sections 94 and 95 of the

Social Security Act 1991

made by this Schedule apply in relation to working out if a person is

qualified for disability support pension in respect of days occurring on

or after the commencement of this item.

(2)

If, before the commencement of this item, a person was not qualified for

a disability support pension on the basis of a continuing inability to

work because of the operation of subsection 94(6) of the

Social Security

Act 1991

, then the person is not qualified for a disability support

pension under section 94 of that Act on that basis on and after that

commencement.

(3)

If, before the commencement of this item, a person was not qualified for

a disability support pension on the basis of blindness because of the

operation of subsection 95(2) of the

Social Security Act 1991

, then the

person is not qualified for a disability support pension under section 95

of that Act on that basis on and after that commencement.

(4)

The amendments of Part 2.10 of the

Social Security Act 1991

made by

this Schedule apply in relation to working out if a person is qualified for

parenting payment in respect of days occurring on or after the

commencement of this item.

(5)

The amendments of Part 2.11 of the

Social Security Act 1991

made by

this Schedule apply in relation to working out if a person is qualified for

youth allowance or if youth allowance is payable to a person, or

working out the rate of a person's youth allowance, in respect of days

occurring on or after the commencement of this item.

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(6)

The amendments of Part 2.12 of the

Social Security Act 1991

made by

this Schedule apply in relation to working out if a person is qualified for

jobseeker payment or if jobseeker payment is payable to a person, or

working out the rate of a person's jobseeker payment, in respect of days

occurring on or after the commencement of this item.

(7)

The amendment of section 665U of the

Social Security Act 1991

made

by this Schedule applies in relation to working out if a person is

qualified for an education entry payment on or after the commencement

of this item.

(8)

The amendments of Part 2.15 of the

Social Security Act 1991

made by

this Schedule apply in relation to working out if a person is qualified for

special benefit or if special benefit is payable to a person, or working

out the rate of a person's special benefit, in respect of days occurring on

or after the commencement of this item.

(9)

The amendment of section 1035 of the

Social Security Act 1991

made

by this Schedule applies in relation to working out if a person is

qualified for a mobility allowance in respect of days occurring on or

after the commencement of this item.

(10)

The amendments of section 1046 of the

Social Security Act 1991

made

by this Schedule apply in relation to a person who would, apart from

that section, cease to be qualified for mobility allowance on or after the

commencement of this item.

(11)

The amendments of section 1061ZAAA of the

Social Security Act 1991

made by this Schedule apply in relation to working out if a person is

qualified for fares allowance on or after the commencement of this item.

(12)

The amendments of section 1061ZEA of the

Social Security Act 1991

made by this Schedule apply in relation to working out if a person is

qualified for a pensioner concession card on or after the commencement

of this item.

(13)

The amendments of Modules B, C and H of the Youth Allowance Rate

Calculator in section 1067G of the

Social Security Act 1991

made by

this Schedule apply in relation to working out the rate of a person's

youth allowance in respect of days occurring on or after the

commencement of this item.

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(14)

The amendments of points 1068-B5 and 1068-D2 of the

Social Security

Act 1991

made by this Schedule apply in relation to working out the

rate of a person's jobseeker payment in respect of days occurring on or

after the commencement of this item.

(15)

The amendments of point 1068-G4 of the

Social Security Act 1991

made by this Schedule apply in relation to working out the rate of a

person's social security payment in respect of days occurring on or after

the commencement of this item.

(16)

The amendment of point 1068B-E1 of the

Social Security Act 1991

made by this Schedule applies in relation to working out the rate of a

person's benefit PP (partnered) in respect of days occurring on or after

the commencement of this item.

(17)

The amendment of section 1161 of the

Social Security Act 1991

made

by this Schedule applies in relation to the receipt of compensation on or

after the commencement of this item.

(18)

The amendments of section 1223 of the

Social Security Act 1991

made

by this Schedule apply in relation to amounts of parenting payment paid

on or after the commencement of this item.

153 Application and transitional provisions

--start day

(1)

The amendments of clauses 4A and 5 of Schedule 2 to the

Social

Security (Administration) Act 1999

made by this Schedule apply in

relation to a person and a notice referred to in subclause 4A(1) of

Schedule 2 to that Act that is given to that person on or after the

commencement of this item.

(2)

If a notice referred to in subclause 4A(1) of Schedule 2 to the

Social

Security (Administration) Act 1999

was given to a person before the

commencement of this item, then section 547AA or 615 of the

Social

Security Act 1991

(as appropriate), and clauses 4A and 5 of Schedule 2

to the

Social Security (Administration) Act 1999

, as in force

immediately before the commencement of this item, continue to apply

on and after that commencement in relation to that person and that

notice.

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154 Application, saving and transitional provisions

approved program of work supplement

Youth allowance

(1)

Section 556A of the

Social Security Act 1991

, as substituted by this

Schedule, applies in relation to the following:

(a) the fortnight that includes the day on which this item

commences;

(b) each later fortnight.

(2)

Section 556A of the

Social Security Act 1991

, as in force immediately

before the commencement of this item, continues to apply on and after

that commencement in relation to each fortnight ending before that

commencement.

Jobseeker payment

(3)

Section 644AAA of the

Social Security Act 1991

, as substituted by this

Schedule, applies in relation to the following:

(a) the fortnight that includes the day on which this item

commences;

(b) each later fortnight.

(4)

Section 644AAA of the

Social Security Act 1991

, as in force

immediately before the commencement of this item, continues to apply

on and after that commencement in relation to each fortnight ending

before that commencement.

Special benefit

(5)

Section 747 of the

Social Security Act 1991

, as substituted by this

Schedule, applies in relation to the following:

(a) the fortnight that includes the day on which this item

commences;

(b) each later fortnight.

(6)

Section 747 of the

Social Security Act 1991

, as in force immediately

before the commencement of this item, continues to apply on and after

that commencement in relation to each fortnight ending before that

commencement.

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155 Transitional provision

--employment pathway plans

If a Parenting Payment Employment Pathway Plan, a Youth Allowance

Employment Pathway Plan, a Jobseeker Employment Pathway Plan or a

Special Benefit Employment Pathway Plan in relation to a person was

being administered immediately before the commencement of this item,

the plan has effect on and after that commencement as if it were an

employment pathway plan in force in relation to the person.

156 Application and transitional provisions

--exemptions

from employment pathway plan requirements

Temporary incapacity

(1)

If, immediately before the commencement of this item:

(a) section 502H, Subdivision BA of Division 1 of Part 2.12 or

section 731K of the

Social Security Act 1991

applied in

relation to a person; or

(b) section 542A of the

Social Security Act 1991

applied in

relation to a person, where subparagraph 542A(1)(a)(ia) or

(ii) of that Act applied in relation to the person;

then:

is taken to have made a determination under section 40L of

the

Social Security (Administration) Act 1999

in relation to

the person because of the circumstance referred to in

paragraph 40L(5)(a) of that Act; and

(d) if the person is receiving parenting payment, youth allowance

or jobseeker payment--subject to subsection 40L(6) of the

Social Security (Administration) Act 1999

, that determination

remains in effect for the balance of the person's maximum

exemption period (or of that period as extended under the

Social Security Act 1991

before the commencement of this

item) referred to in section 502K, 542C or 603F of the

Social

Security Act 1991

, as in force immediately before that

commencement; and

(e) if the person is receiving special benefit--subject to

subsection 40L(6) of the

Social Security (Administration) Act

1999

, that determination remains in effect on and after that

commencement.

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Death of person's partner

(2)

If:

(a) before the commencement of this item:

(i) a person was covered by a participation exemption in

respect of a period because of subsection 502BA(1) or

(2) of the

Social Security Act 1991

; or

(ii) a person had a death of partner exemption in respect of

a period because of subsection 542EA(1) or (2) of the

Social Security Act 1991

; or

(iii) a person was not required to satisfy the activity test in

respect of a period because of subsection 602AA(1) or

(2) or 731DAA(1) or (2) of the

Social Security Act

1991

; and

(b) that period had not ended immediately before that

commencement;

then, on and after that commencement, the person is not required under

section 40M of the

Social Security (Administration) Act 1999

to satisfy

the employment pathway plan requirements in respect of the balance of

that period.

Domestic violence

(3)

If:

(a) before the commencement of this item:

(i) a person was covered by a participation exemption in

respect of a period because of a determination made

under section 502C of the

Social Security Act 1991

; or

(ii) a person had a domestic violence or other special family

circumstances exemption in respect of a period because

of a determination made under section 542F of the

Social Security Act 1991

; or

(iii) a person was not required to satisfy the activity test in

respect of a period because of a determination made

under section 602B or 731DA of the

Social Security Act

1991

; and

(b) that period had not ended immediately before that

commencement; and

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commencement;

then:

(d) the Employment Secretary is taken, on the day this item

commences, to have made a determination under section 40N

of the

Social Security (Administration) Act 1999

that the

person is not required to satisfy the employment pathway

plan requirements; and

(e) the Employment Secretary may revoke that determination in

accordance with subsection 40N(3) of the

Social Security

(Administration) Act 1999

Caring responsibilities

(4)

If:

(a) before the commencement of this item:

(i) a person was covered by a participation exemption in

respect of a period because of a determination made

under section 502D of the

Social Security Act 1991

; or

(ii) a person had a disabled children or other family

circumstances exemption in respect of a period because

of a determination made under section 542FA of the

Social Security Act 1991

; or

(iii) a person was not required to satisfy the activity test in

respect of a period because of a determination made

under section 602C or 731DB of the

Social Security Act

1991

; and

(b) that period had not ended immediately before that

commencement; and

commencement;

then:

(d) the Employment Secretary is taken, on the day this item

commences, to have made a determination under section 40P

of the

Social Security (Administration) Act 1999

that the

person is not required to satisfy the employment pathway

plan requirements for the balance of that period; and

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(e) the Employment Secretary may revoke that determination in

accordance with subsection 40P(4) of the

Social Security

(Administration) Act 1999

Pre-natal and post-natal relief

(5)

Subsection 40Q(2) of the

Social Security (Administration) Act 1999

, as

inserted by this Schedule, applies in relation to births occurring before,

on or after the commencement of this item.

Persons engaged in work

(6)

Section 40R of the

Social Security (Administration) Act 1999

, as

inserted by this Schedule, applies in relation to the following:

(a) a period of 2 weeks beginning on or after the commencement

of this item;

(b) the period of 2 weeks that includes the day on which this

item commences.

(7)

If, under section 40R of the of the

Social Security (Administration) Act

1999

, as inserted by this Schedule, a person is not required to satisfy the

employment pathway plan requirements in respect of the period of 2

weeks that includes the day on which this item commences, then the

person is also taken to satisfy the activity test in respect of that period

for the purposes of section 603AA, 603AB, 731G or 731GA, as the case

requires, of the

Social Security Act 1991

, as in force immediately before

the commencement of this item.

(8)

An approval under paragraph 603AA(4)(a) or (b) of the

Social Security

Act 1991

that was in effect immediately before the commencement of

this item continues in effect on and after that commencement as if it

were an approval under paragraph 40R(2)(a) or (b) (as the case

requires) of the

Social Security (Administration) Act 1999

Women born on or before 1 July 1955

(9)

If, in relation to a period beginning on or after the day on which this

item commences, a woman meets the requirements referred to in

paragraphs 603AC(1)(a) to (e) of the

Social Security Act 1991

, as in

force immediately before that commencement, then the woman is taken

to meet paragraph 593(1)(b) of that Act, as substituted by this Schedule,

in relation to that period.

Schedule 1

Streamlined participation requirements

Social Security Legislation Amendment (Streamlined Participation

Requirements and Other Measures) Bill 2021

No. , 2021

157 Transitional provision

--exemptions from undertaking

full-time study

If, immediately before the commencement of this item, an exemption

was in effect in relation to a person under a provision of Subdivision C

of Division 1 of Part 2.11 of the

Social Security Act 1991

, then the

exemption continues in effect under, but subject to, that provision on

and after that commencement, to the extent that the person would apart

from the exemption be seeking to be qualified for a youth allowance on

the basis of undertaking full-time study.

158 Application, saving and transitional provisions

compliance with participation payment obligations

Mutual obligation failures

(1)

A failure covered by paragraph 42AC(1)(b),

subparagraph 42AC(1)(c)(ii) or paragraph 42AC(1)(d), (e), (f) or (g) of

the

Social Security (Administration) Act 1999

that occurred before the

commencement of this item is taken to continue to be a mutual

obligation failure on and after that commencement.

(2)

The amendment of paragraph 42AC(1)(h) of the

Social Security

(Administration) Act 1999

made by this Schedule applies in relation to

acts that occur on or after the commencement of this item.

(3)

Section 42AJ of the

Social Security (Administration) Act 1999

, as in

force immediately before the commencement of this item, continues to

apply on and after that commencement in relation to a failure referred to

in paragraph 42AJ(2)(c) or (d) of that Act that occurred before that

commencement.

Work refusal failures

(4)

The amendments of section 42AD of the

Social Security

(Administration) Act 1999

made by this Schedule apply in relation to an

offer of paid work made on or after the commencement of this item.

(5)

Division 3AA of Part 3 of the

Social Security (Administration) Act

1999

, as in force immediately before the commencement of this item,

continues to apply on and after that commencement in relation to an

offer of suitable employment made before that commencement.

Streamlined participation requirements

Schedule 1

No. , 2021

Social Security Legislation Amendment (Streamlined Participation

Requirements and Other Measures) Bill 2021

No show no pay failures

(6)

A failure covered by subparagraph 42C(1)(a)(i) of the

Social Security

(Administration) Act 1999

that occurred before the commencement of

this item is taken to continue to be a failure covered by that

subparagraph on and after that commencement.

(7)

The amendment of subparagraph 42C(1)(a)(iv) of the

Social Security

(Administration) Act 1999

made by this Schedule applies in relation to

acts that occur on or after the commencement of this item.

Connection failures

(8)

A failure covered by paragraph 42E(2)(b), (c), (f) or (g) of the

Social

Security (Administration) Act 1999

that occurred before the

commencement of this item is taken to continue to be a failure covered

by that paragraph on and after that commencement.

(9)

Subsection 42E(4) of the

Social Security (Administration) Act 1999

, as

in force immediately before the commencement of this item, continues

to apply on and after that commencement in relation to a failure that

occurred before that commencement.

(10)

If a person is issued with a notice under subsection 42F(1) of the

Social

Security (Administration) Act 1999

before the commencement of this

item and the period specified in the notice covers days occurring on or

after that commencement, then the notice continues in effect on and

after that commencement.

Reconnection requirements

(11)

Section 42G of the

Social Security (Administration) Act 1999

, as in

force immediately before the commencement of this item, continues to

apply on and after that commencement in relation to a failure referred to

in paragraph 42G(b) or (c) of that Act that occurred before that

commencement.

Serious failures

(12)

The amendments of section 42N of the

Social Security (Administration)

Act 1999

made by this Schedule apply in relation to an offer of paid

work made on or after the commencement of this item.

Schedule 1

Streamlined participation requirements

Social Security Legislation Amendment (Streamlined Participation

Requirements and Other Measures) Bill 2021

No. , 2021

(13)

Division 3A of Part 3 of the

Social Security (Administration) Act 1999

as in force immediately before the commencement of this item,

continues to apply on and after that commencement in relation to an

offer of suitable employment made before that commencement.

Immediate non-payment of participation payments for certain

failures

(14)

A failure covered by paragraph 42SA(1)(a) or (b) of the

Social Security

(Administration) Act 1999

that occurred before the commencement of

this item is taken to continue to be a failure covered by that paragraph

on and after that commencement.

Failures by certain recipients of parenting payments

(15)

A failure covered by paragraph 42SB(2)(b), (c) or (d) of the

Social

Security (Administration) Act 1999

that occurred before the

commencement of this item is taken to continue to be a failure covered

by that paragraph on and after that commencement.

Prior notification of excuse

(16)

Section 42UA of the

Social Security (Administration) Act 1999

, as in

force immediately before the commencement of this item, continues to

apply on and after that commencement in relation to a failure referred to

in paragraph 42UA(1)(a) or (d) of that Act that occurred before that

commencement.

159 Saving provision

--employment pathway plan decisions

Division 2 of Part 4A of the

Social Security (Administration) Act 1999

as in force immediately before the commencement of this item,

continues to apply on and after that commencement in relation to an

employment pathway plan decision, within the meaning of

section 140A of that Act as so in force, that was made before that

commencement.

160 Transitional provisions

--other matters

(1)

The Employment Minister may, by legislative instrument, make rules

prescribing matters of a transitional nature (including prescribing any

saving or application provisions) relating to the amendments or repeals

made by this Schedule.

Streamlined participation requirements

Schedule 1

No. , 2021

Social Security Legislation Amendment (Streamlined Participation

Requirements and Other Measures) Bill 2021

(2)

To avoid doubt, the rules may not do the following:

(a) create an offence or civil penalty;

(b) provide powers of:

(i) arrest or detention; or

(ii) entry, search or seizure;

(d) set an amount to be appropriated from the Consolidated

Revenue Fund under an appropriation in this Act;

(e) directly amend the text of this Schedule.

(3)

This Schedule (other than subitem (2)) does not limit the rules that may

be made for the purposes of subitem (1).

(4)

In this item:

Employment Minister

means the Minister who administers

Division 3AA of Part 3 of the

Social Security (Administration) Act

1999

Schedule 2

Arrangements and grants relating to assisting persons to obtain and

maintain paid work

Social Security Legislation Amendment (Streamlined Participation

Requirements and Other Measures) Bill 2021

No. , 2021

Schedule 2--Arrangements and grants

relating to assisting persons to obtain

and maintain paid work

Social Security Act 1991

1 Subsection 23(1)

Insert:

Employment Minister

means the Minister who administers

Division 3AA of Part 3 of the Administration Act.

2 After Chapter 2C

Insert:

Chapter 2D--Arrangements and grants

relating to assisting persons to obtain

and maintain paid work

1062 Simplified outline of this Chapter

The Employment Secretary may, on behalf of the Commonwealth,

make, vary or administer an arrangement for the making of

payments by the Commonwealth, or make, vary or administer a

grant of financial assistance, in relation to various activities aimed

at assisting unemployed or other persons to obtain and maintain

paid work.

1062A Arrangements and grants relating to assisting persons to

obtain and maintain paid work

(1) The Employment Secretary may, on behalf of the Commonwealth,

make, vary or administer an arrangement for the making of

Arrangements and grants relating to assisting persons to obtain and maintain paid work

Schedule 2

No. , 2021

Social Security Legislation Amendment (Streamlined Participation

Requirements and Other Measures) Bill 2021

payments by the Commonwealth, or make, vary or administer a

grant of financial assistance, in relation to:

(a) assisting unemployed persons to obtain and maintain paid

work; or

(b) assisting other persons to obtain and maintain paid work; or

paid work or to obtain and maintain other paid work; or

(d) assisting unemployed persons to become self-employed; or

(e) assisting other persons to become self-employed; or

(f) assisting recipients of participation payments (within the

meaning of the Administration Act) to meet their mutual

obligation requirements; or

(g) the funding of measures designed to reduce discrimination in

employment practices and to encourage workforce

participation, including in relation to mature aged, young and

Indigenous persons, persons with a disability and parents

seeking to re-join the workforce; or

(h) the provision of online employment services; or

(i) the funding of projects to create pathways to paid work and

to address labour shortages; or

(j) the funding of the activities of employment services

providers; or

(k) the provision of wage subsidies or other incentives to

employers to employ unemployed persons; or

(l) an activity determined in an instrument under subsection (2);

(m) a matter that is incidental or ancillary to a matter mentioned

in paragraph (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k) or

(l).

(2) The Employment Minister may, by legislative instrument,

determine an activity for the purposes of paragraph (1)(l).

Reimbursement of costs or expenses

(3) An arrangement under subsection (1) may provide for the

Commonwealth to reimburse, or partly reimburse, costs or

expenses.

Schedule 2

Arrangements and grants relating to assisting persons to obtain and

maintain paid work

Social Security Legislation Amendment (Streamlined Participation

Requirements and Other Measures) Bill 2021

No. , 2021

(4) A grant under subsection (1) may be made by way of the

reimbursement, or partial reimbursement, of costs or expenses.

(5) Subsections (3) and (4) do not limit subsection (1).

Definitions

(6) In this section:

arrangement

includes a contract, agreement, deed or

understanding.

Indigenous person

has the same meaning as in the

Indigenous

Education (Targeted Assistance) Act 2000

make

, in relation to an arrangement, includes enter into.

1062B Constitutional limits

An arrangement or grant referred to in section 1062A must be with

respect to one or more of the following:

(a) the provision of unemployment benefits, or other benefits,

allowances, services or endowment, referred to in

paragraph 51(xxiiiA) of the Constitution;

(b) implementing any of Australia's international obligations

under the ILO Convention (No. 88) concerning the

Organisation of the Employment Service done at San

Francisco on 9 July 1948 ([1950] ATS 9), as amended and in

force for Australia from time to time;

under the ILO Convention (No. 122) concerning

Employment Policy done at Geneva on 9 July 1964 ([1970]

ATS 17), as amended and in force for Australia from time to

time;

(d) implementing any of Australia's international obligations

under the ILO Convention (No. 142) concerning Vocational

Guidance and Vocational Training in the Development of

Human Resources done at Geneva on 23 June 1975 ([1986]

ATS 2), as amended and in force for Australia from time to

time;

Arrangements and grants relating to assisting persons to obtain and maintain paid work

Schedule 2

No. , 2021

Social Security Legislation Amendment (Streamlined Participation

Requirements and Other Measures) Bill 2021

(e) implementing any of Australia's international obligations

under the International Covenant on Economic, Social and

Cultural Rights done at New York on 16 December 1966

([1976] ATS 5), as amended and in force for Australia from

time to time;

(f) implementing any of Australia's international obligations

under the Convention on the Elimination of All Forms of

Discrimination Against Women done at New York on

18 December 1979 ([1983] ATS 9), as amended and in force

for Australia from time to time;

(g) implementing any of Australia's international obligations

under the Convention on the Rights of the Child done at New

York on 20 November 1989 ([1991] ATS 4), as amended and

in force for Australia from time to time;

(h) implementing any of Australia's international obligations

under the Convention on the Rights of Persons with

Disabilities done at New York on 13 December 2006 ([2008]

ATS 12), as amended and in force for Australia from time to

time;

(i) the granting of financial assistance to a State or Territory;

(j) a Territory;

(k) people to whom paragraph 51(xxvi) of the Constitution

applies;

(l) postal, telegraphic, telephonic or other like services within

the meaning of paragraph 51(v) of the Constitution;

(m) aliens within the meaning of paragraph 51(xix) of the

Constitution;

(n) the implied power of the Parliament to make laws with

respect to nationhood;

(o) matters incidental to the execution of any of the legislative

powers of the Parliament or the executive power of the

Commonwealth.

Note:

The text of a Convention or Covenant could in 2021 be viewed in the

Australian Treaties Library on the AustLII website

(http://www.austlii.edu.au).

Schedule 2

Arrangements and grants relating to assisting persons to obtain and

maintain paid work

Social Security Legislation Amendment (Streamlined Participation

Requirements and Other Measures) Bill 2021

No. , 2021

1062C Executive power of the Commonwealth

This Chapter does not, by implication, limit the executive power of

the Commonwealth.

1062D Inclusion of information in annual report

The Employment Secretary, when preparing the Employment

Department's annual report under section 46 of the

Public

Governance, Performance and Accountability Act 2013

for a

period, must include the following information in that report:

(a) the total of the amounts paid in that period under

arrangements or grants referred to in section 1062A;

(b) the total number of arrangements and grants referred to in

section 1062A that were made in that period.

3 Section 1062

Renumber as section 1062E.

Social Security (Administration) Act 1999

4 Section 242

Before "Payments", insert "(1)".

5 At the end of section 242

Add:

(2) However, subsection (1) does not apply to a payment of an amount

under an arrangement or grant referred to in section 1062A of the

1991 Act.

Note:

Such a payment is to be made out of money appropriated by the

Parliament by another Act, which will usually be an Annual

Appropriation Act.

Compliance with participation payment obligations

Schedule 3

No. , 2021

Social Security Legislation Amendment (Streamlined Participation

Requirements and Other Measures) Bill 2021

Schedule 3--Compliance with participation

payment obligations

Social Security (Administration) Act 1999

1 Section 42AA

Omit "will usually" (wherever occurring), substitute "may".

2 Section 42AA

Omit "In addition, a participation payment must be cancelled",

substitute "In addition, a participation payment may be cancelled".

3 Section 42AA

Omit "no participation payments are payable to the person", substitute

"participation payments may not be payable to the person".

4 Section 42AA

Omit "Also, the person's participation payment must be", substitute

"Also, the person's participation payment may be".

5 Subsection 42AF(1)

Omit "must", substitute "may".

6 Subsection 42AF(2)

Omit "must, in accordance with that instrument,", substitute "may".

7 Subsections 42AF(3A) and (3B)

Repeal the subsections.

8 Subsections 42AG(1) to (3)

Repeal the subsections, substitute:

(1) If a person commits a work refusal failure, the Secretary may:

(a) determine that the person's participation payment is not

payable to the person for a period (see section 42AL); or

Schedule 3

Compliance with participation payment obligations

Social Security Legislation Amendment (Streamlined Participation

Requirements and Other Measures) Bill 2021

No. , 2021

(b) determine that the person's participation payment is

cancelled (see section 42AP) if the person does not satisfy

the Secretary that the person has a reasonable excuse for the

work refusal failure (see section 42AI).

9 Subsection 42AG(4)

Omit "subsections (1) and (2)", substitute "subsection (1)".

10 Subsections 42AH(1) and (2)

Omit "must", substitute "may".

11 Paragraphs 42AI(1)(b) and (3)(b)

Omit "subsection 42AG(2)", substitute "paragraph 42AG(1)(b)".

12 Paragraph 42AR(1)(b)

Repeal the paragraph.

13 Subsection 42AR(1A)

Repeal the subsection.

14 Application, saving and transitional provisions

(1)

The amendment of subsection 42AF(1) of the

Social Security

(Administration) Act 1999

made by this Schedule applies in relation to a

mutual obligation failure committed on or after the commencement of

this item.

(2)

The amendment of subsection 42AF(2) of the

Social Security

(Administration) Act 1999

made by this Schedule applies where the

matters referred to in paragraphs 42AF(2)(a) and (b) of that Act exist on

or after the commencement of this item.

(3)

Subsections 42AF(3A) and (3B) and 42AR(1A) of the

Social Security

(Administration) Act 1999

, as in force immediately before the

commencement of this item, continue to apply on and after that

commencement in relation to a failure committed before that

commencement.

(4)

The amendments of section 42AG of the

Social Security

(Administration) Act 1999

made by this Schedule apply in relation to a

Compliance with participation payment obligations

Schedule 3

No. , 2021

Social Security Legislation Amendment (Streamlined Participation

Requirements and Other Measures) Bill 2021

work refusal failure committed on or after the commencement of this

item.

(5)

The amendments of section 42AH of the

Social Security

(Administration) Act 1999

made by this Schedule apply in relation to an

unemployment failure committed on or after the commencement of this

item.

(6)

An instrument in force immediately before the commencement of this

item under section 42AI of the

Social Security (Administration) Act

1999

, to the extent it determines matters for the purposes of

subsection 42AG(2) of that Act, continues in force on and after that

commencement as if those matters were determined for the purposes of

paragraph 42AG(1)(b) of that Act, as substituted by this Schedule.

Schedule 4

Amounts not counted as income

Social Security Legislation Amendment (Streamlined Participation

Requirements and Other Measures) Bill 2021

No. , 2021

Schedule 4--Amounts not counted as income

Social Security Act 1991

1 At the end of subsection 8(8)

Add:

; (zv) a payment made by the Commonwealth to an individual

under a program that is established by the Commonwealth

and is determined in an instrument under subsection (8AC) to

be an employment program;

(zw) a payment made by a State or Territory to an individual

under a program that is established by the State or Territory

and is determined in an instrument under subsection (8AC) to

be an employment program.

2 After subsection 8(8AB)

Insert:

(8AC) The Employment Secretary may, by notifiable instrument,

determine programs to be employment programs for the purposes

of paragraph (8)(zv) or (zw).

3 Application provision

The amendment of subsection 8(8) of the

Social Security Act 1991

made by this Schedule applies in relation to payments made on or after

the commencement of this item.

Approved programs of work for income support payment

Schedule 5

No. , 2021

Social Security Legislation Amendment (Streamlined Participation

Requirements and Other Measures) Bill 2021

Schedule 5--Approved programs of work for

income support payment

Social Security Act 1991

1 Subsection 28(1)

Omit "declare, in writing,", substitute ", by legislative instrument,

declare".

2 Application provision

The amendment made by this Schedule applies in relation to

declarations made on or after the commencement of this item.

Schedule 6

Activities that do not give rise to employment under certain industrial

relations legislation

Social Security Legislation Amendment (Streamlined Participation

Requirements and Other Measures) Bill 2021

No. , 2021

Schedule 6--Activities that do not give rise to

employment under certain industrial

relations legislation

Social Security Act 1991

1 At the end of Part 1.4

Add:

40 Activities that do not give rise to employment under certain

industrial relations legislation

(1) If a person:

(a) participates in an approved program of work for income

support payment or in an employment program; or

(b) undertakes an activity (other than paid work) in accordance

with a requirement, or an optional term, of an employment

pathway plan;

the person is not to be taken to be one of the following merely

because of that participation or of the undertaking of that activity:

Commonwealth, or an employee of the Commonwealth, for

the purposes of the

Work Health and Safety Act 2011

;

(d) an employee within the meaning of section 5 of the

Safety,

Rehabilitation and Compensation Act 1988

;

(e) an employee for the purposes of the

Superannuation

Guarantee (Administration) Act 1992

;

(f) an employee for the purposes of the

Fair Work Act 2009

(2) For the purposes of this section, an

employment program

is a

program that is established by the Commonwealth and is

determined in an instrument under subsection (3) to be an

employment program.

(3) The Employment Secretary may, by notifiable instrument,

determine programs to be employment programs for the purposes

of subsection (2).

Activities that do not give rise to employment under certain industrial relations

legislation

Schedule 6

No. , 2021

Social Security Legislation Amendment (Streamlined Participation

Requirements and Other Measures) Bill 2021

2 Subdivision GA of Division 1 of Part 2.12

Repeal the Subdivision.

3 Subdivision E of Division 1 of Part 2.15

Repeal the Subdivision.

4 Application and saving provisions

(1)

Section 40 of the

Social Security Act 1991

, as added by this Schedule,

applies in relation to the participation in a program, or the undertaking

of an activity, that occurs on or after the commencement of this item.

(2)

Subsection 501D(4) of the

Social Security Act 1991

, as in force

immediately before the commencement of this item, continues to apply

on and after that commencement in relation to the participation in a

program, or the undertaking of an activity, that occurs before that

commencement.

(3)

Subsection 544B(8) of the

Social Security Act 1991

, as in force

immediately before the commencement of this item, continues to apply

on and after that commencement in relation to the participation in a

program, or the undertaking of an activity, that occurs before that

commencement.

(4)

Subdivision GA of Division 1 of Part 2.12 of the

Social Security Act

1991

, as in force immediately before the commencement of this item,

continues to apply on and after that commencement in relation to the

participation in a program, or the undertaking of an activity, that occurs

before that commencement.

(5)

Subdivision E of Division 1 of Part 2.15 of the

Social Security Act

1991

, as in force immediately before the commencement of this item,

continues to apply on and after that commencement in relation to the

participation in a program, or the undertaking of an activity, that occurs

before that commencement.

Schedule 7

Youth allowance ordinary income free area

Social Security Legislation Amendment (Streamlined Participation

Requirements and Other Measures) Bill 2021

No. , 2021

Schedule 7--Youth allowance ordinary

income free area

Social Security Act 1991

1 Paragraph 1067G-H29(a)

After "payable", insert ", other than in compliance with a requirement

contained in an employment pathway plan that is in force in relation to

the person".

2 Paragraph 1067G-H32(a)

After "payable", insert ", other than in compliance with a requirement

contained in an employment pathway plan that is in force in relation to

the person".

3 Paragraph 1067G-H33(a)

After "payable", insert ", other than in compliance with a requirement

contained in an employment pathway plan that is in force in relation to

the person".

4 Application provision

The amendments made by this Schedule apply in relation to working

out the rate of youth allowance for days occurring on or after the

commencement of this item.

Start day for jobseeker payment and youth allowance

Schedule 8

No. , 2021

Social Security Legislation Amendment (Streamlined Participation

Requirements and Other Measures) Bill 2021

Schedule 8--Start day for jobseeker payment

and youth allowance

Farm Household Support Act 2014

1 At the end of section 98

Add:

; (h) clause 4B of Schedule 2 (start day rules).

Social Security Act 1991

2 Paragraph 549CA(2)(a)

After "clauses 4A", insert ", 4B".

3 Subsection 549CB(1)

After "clauses 4A", insert ", 4B".

4 Paragraph 549CB(2)(b)

After "clauses 4A", insert ", 4B".

5 Paragraph 620(1)(a)

After "clauses 4A", insert ", 4B".

6 Subsection 621(1)

After "clauses 4A", insert ", 4B".

7 Paragraph 621(3)(b)

After "clauses 4A", insert ", 4B".

Social Security (Administration) Act 1999

8 Subclause 3(1) of Schedule 2 (note)

After "Clause 4A", insert "or 4B".

Schedule 8

Start day for jobseeker payment and youth allowance

Social Security Legislation Amendment (Streamlined Participation

Requirements and Other Measures) Bill 2021

No. , 2021

9 Subclause 4A(1) of Schedule 2

Omit all the words after paragraph (b) (not including the note),

substitute:

if the Secretary gives the person a notice under section 63 requiring

the person to attend a particular place for an interview on a day

specified in the notice (the

specified day

entering into an employment pathway plan; or

(d) for any other purpose specified in the notice.

10 Subclause 4A(2) of Schedule 2

Omit "to a person if the Secretary is satisfied, in accordance with any

guidelines under subclause (3), that it should not apply to the person",

substitute "in relation to a person and a claim if the Secretary is satisfied

in all the circumstances that it should not apply to the person and the

claim".

11 At the end of subclause 4A(2) of Schedule 2

Add:

Note:

The effect of the Secretary being so satisfied is that the person's start

day is, subject to the other clauses in this Schedule, the day on which

the claim is made.

12 Subclause 4A(3) of Schedule 2

Repeal the subclause.

13 Subclause 4A(4) of Schedule 2

Repeal the subclause, substitute:

Start day

(4) The start day for the person is:

(a) the specified day, unless paragraph (b) applies; or

(b) if the period between the day the Secretary imposes the

requirement under section 63 and the specified day is more

than 2 business days (otherwise than at the person's

request)--the day the Secretary imposes the requirement

under section 63.

Start day for jobseeker payment and youth allowance

Schedule 8

No. , 2021

Social Security Legislation Amendment (Streamlined Participation

Requirements and Other Measures) Bill 2021

14 After clause 4A of Schedule 2

Insert:

4B Start day for jobseeker payment and youth allowance if claimant

enters into employment pathway plan using streamlined

processes

When this clause applies and subclause 3(1) does not

(1) This clause applies, and subclause 3(1) does not apply, in relation

to a person's:

(a) claim for jobseeker payment; or

(b) claim for youth allowance that is not based on the person

being a new apprentice or undertaking full-time study;

if, in relation to that claim, the person enters into an employment

pathway plan under section 40E of this Act after the day on which

the claim is made.

Note:

Clause 5 may override the start day under this clause in certain

circumstances.

(2) Subject to this clause, the start day for the person is the day the

person accepted that plan as mentioned in paragraph 40E(1)(c) of

this Act.

(3) If:

(a) in relation to that claim, on a day (the

earlier day

) before the

day of that acceptance, the person intended to accept an

employment pathway plan as mentioned in

paragraph 40E(1)(c) of this Act; and

(b) the person failed to accept an employment pathway plan as

mentioned in that paragraph on the earlier day; and

was because of circumstances beyond the person's control;

the start day for the person is:

(d) if, in relation to that claim, the day the Employment

Secretary notified the person under subsection 40A(3) of this

Act of the requirement to enter into an employment pathway

plan was on or after the day on which the claim was made--

Schedule 8

Start day for jobseeker payment and youth allowance

Social Security Legislation Amendment (Streamlined Participation

Requirements and Other Measures) Bill 2021

No. , 2021

the day on which the Employment Secretary gave that

notification; or

(e) otherwise--the day on which the claim was made.

(4) This clause does not apply in relation to a person and a claim if the

Employment Secretary is satisfied in all the circumstances that it

should not apply to the person and the claim.

Note:

The effect of the Employment Secretary being so satisfied is that the

person's start day is, subject to the other clauses in this Schedule, the

day on which the claim is made.

15 Application provision

The amendments of the

Social Security (Administration) Act 1999

made

by this Schedule apply in relation to a claim referred to in

subclause 4A(1) or 4B(1) of Schedule 2 to that Act that is made on or

after the commencement of this item.

Repeals of spent provisions

Schedule 9

No. , 2021

Social Security Legislation Amendment (Streamlined Participation

Requirements and Other Measures) Bill 2021

Schedule 9--Repeals of spent provisions

Social Security Act 1991

1 Subsection 23(1)

Repeal the following definitions:

(a) definition of

approved training course for training

supplement

;

(b) definition of

green army allowance

;

Green Army Programme

;

(d) definition of

National Green Jobs Corps program

;

(e) definition of

National Green Jobs Corps supplement

;

(f) definition of

training supplement

2 Paragraphs 23(4AA)(aa) and (ab)

Repeal the paragraphs.

3 Section 28B

Repeal the section.

4 Part 1.3A

Repeal the Part.

5 Subsection 503AA(1)

Omit "(1)".

6 Subsection 503AA(2)

Repeal the subsection.

7 Sections 503B and 503C

Repeal the sections.

8 Section 556B

Repeal the section.

Schedule 9

Repeals of spent provisions

Social Security Legislation Amendment (Streamlined Participation

Requirements and Other Measures) Bill 2021

No. , 2021

9 Sections 644AAB to 645

Repeal the sections.

10 Subsection 1049(2A)

Repeal the subsection.

11 Subparagraph 1223(7)(b)(iii)

Repeal the subparagraph.

12 Subparagraph 1223(7)(b)(iv)

Omit "or" (last occurring).

13 Subparagraph 1223(7)(b)(v)

Repeal the subparagraph.

14 Paragraph 1223(7)(e)

Repeal the paragraph.

15 Paragraph 1223(7)(f)

Omit "supplement;", substitute "supplement.".

16 Paragraph 1223(7)(g)

Repeal the paragraph.

17 Paragraph 1223(7A)(c)

Repeal the paragraph, substitute:

parenting payment was increased by an amount (a

supplement amount

) of approved program of work

supplement; and

Social Security (Administration) Act 1999

18 Subsection 118(2)

Omit "(2C),".

Schedule 10

Contingent amendments

Social Security Legislation Amendment (Streamlined Participation

Requirements and Other Measures) Bill 2021

No. , 2021

Schedule 10--Contingent amendments

Social Security Act 1991

1 Paragraph 38B(6)(b)

Omit "payment; or", substitute "payment.".

2 Paragraph 38B(6)(c)

Repeal the paragraph.

Commonwealth of Australia Bills

SOCIAL SECURITY LEGISLATION AMENDMENT (STREAMLINED PARTICIPATION REQUIREMENTS AND OTHER MEASURES) BILL 2022