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This is a Bill, not an Act. For current law, see the Acts databases.
SOCIAL SECURITY LEGISLATION AMENDMENT (JOB SEEKER COMPLIANCE) BILL 2011
2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Security Legislation Amendment
(Job Seeker Compliance) Bill 2011
No. , 2011
(Education, Employment and Workplace Relations)
A Bill for an Act to amend the Social Security
(Administration) Act 1999, and for related purposes
i Social Security Legislation Amendment (Job Seeker Compliance) Bill 2011 No. , 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendments
3
Social Security (Administration) Act 1999
3
Social Security Legislation Amendment (Job Seeker Compliance) Bill 2011 No. , 2011
1
A Bill for an Act to amend the Social Security
1
(Administration) Act 1999, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Social Security Legislation
5
Amendment (Job Seeker Compliance) Act 2011.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2 Social Security Legislation Amendment (Job Seeker Compliance) Bill 2011 No. ,
2011
Commencement information
Column 1
Column 2
Column 3
Provision(s) Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
The later of:
(a) the day after this Act receives the Royal
Assent; and
(b) 1 July 2011.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
12
Amendments Schedule 1
Social Security Legislation Amendment (Job Seeker Compliance) Bill 2011 No. , 2011
3
Schedule 1--Amendments
1
2
Social Security (Administration) Act 1999
3
1 At the end of section 42A
4
Add:
5
·
The Secretary may also determine that a participation payment
6
is not payable to a person for a period because of certain
7
failures. However, once that period ends, the person may be
8
able to receive back pay.
9
2 At the end of subsection 42C(4) (before the note)
10
Add:
11
; or (c) the day is in a reconnection failure period for the person.
12
3 Subsection 42C(4) (at the end of the note)
13
Add "For the purposes of paragraph (4)(a), see also section 42UA
14
(about prior notification of excuses).".
15
4 Paragraph 42E(2)(a)
16
Omit ", and the notice did not inform the person of the effect of
17
section 64".
18
5 Subsection 42E(4) (at the end of the note)
19
Add "For the purposes of paragraph (4)(a), see also section 42UA
20
(about prior notification of excuses).".
21
6 Section 42G
22
Repeal the section, substitute:
23
42G Reconnection requirements
24
If:
25
(a) the Secretary determines that a person commits a connection
26
failure; or
27
Schedule 1 Amendments
4 Social Security Legislation Amendment (Job Seeker Compliance) Bill 2011 No. ,
2011
(b) a person fails to participate, on a day, in an activity that the
1
person is required to undertake by an employment pathway
2
plan that is in force in relation to the person; or
3
(c) a person fails to attend an appointment that the person is
4
required to attend by an employment pathway plan that is in
5
force in relation to the person; or
6
(d) a person fails to comply with a requirement that was notified
7
to the person under subsection 63(2) or (4);
8
then:
9
(e) if, in relation to a failure referred to in paragraph (b) or (c),
10
the Secretary determines, under subsection 42SA(1), that a
11
participation payment is not payable to the person--the
12
Secretary must require the person to comply with a
13
requirement (the reconnection requirement); or
14
(f) in any other case--the Secretary may require the person to
15
comply with a requirement (the reconnection requirement).
16
Note:
The Secretary must notify the person of the effect of not complying
17
with the reconnection requirement (see section 42K).
18
7 Subsection 42H(3) (at the end of the note)
19
Add "For the purposes of subsection (3), see also section 42UA (about
20
prior notification of excuses).".
21
8 Subsection 42H(5)
22
Omit ", provided that the penalty amount may not be deducted until at
23
least the instalment after the first instalment made following notification
24
to the person of the reconnection failure".
25
9 Paragraph 42J(1)(a)
26
Omit "commits a reconnection failure", substitute "fails to comply with
27
a reconnection requirement imposed on the person".
28
10 Subsection 42J(2)
29
Omit "paragraph (1)(b)", substitute "subsection (1)".
30
11 Subsection 42J(2)
31
After "comply with the", insert "reconnection requirement or".
32
12 Subsection 42K(1)
33
Amendments Schedule 1
Social Security Legislation Amendment (Job Seeker Compliance) Bill 2011 No. , 2011
5
Repeal the subsection, substitute:
1
(1) The Secretary must notify the person that a failure to comply with
2
a reconnection requirement or a further reconnection requirement
3
imposed on the person might result in either or both of the
4
following:
5
(a) a penalty amount being deducted from the person's
6
participation payment;
7
(b) the person's participation payment not being payable to the
8
person for a period.
9
13 Subsection 42K(2)
10
Omit "the day".
11
14 After Subdivision E of Division 3A of Part 3
12
Insert:
13
Subdivision EA--Immediate non-payment of participation
14
payments for certain failures
15
42SA Immediate non-payment of participation payments for certain
16
failures
17
(1) The Secretary may determine that a participation payment is not
18
payable to a person if:
19
(a) the person fails to participate, on a day, in an activity that the
20
person is required to undertake by an employment pathway
21
plan that is in force in relation to the person; or
22
(b) the person fails to attend an appointment that the person is
23
required to attend by an employment pathway plan that is in
24
force in relation to the person; or
25
(c) the person fails to comply with a reconnection requirement or
26
a further reconnection requirement.
27
Note 1:
If paragraph (1)(a) or (b) applies, a reconnection requirement must be
28
imposed for that failure (see section 42G).
29
Note 2:
The participation payment may not be payable to the person if the
30
person fails to comply with a notice under section 63: see section 64.
31
Schedule 1 Amendments
6 Social Security Legislation Amendment (Job Seeker Compliance) Bill 2011 No. ,
2011
(2) The participation payment is not payable to the person for the
1
period beginning on the day the person first commits the failure
2
and ending at the end of:
3
(a) the day before the day on which the person notifies the
4
Secretary that the person intends to comply with:
5
(i) for a failure referred to in paragraph (1)(a) or (b)--the
6
reconnection requirement imposed on the person under
7
paragraph 42G(e) because of that failure; or
8
(ii) for a failure referred to in paragraph (1)(c)--the
9
reconnection requirement or the further reconnection
10
requirement referred to in that paragraph; or
11
(b) if the Secretary determines that an earlier day is more
12
appropriate than the day that would otherwise apply under
13
paragraph (a)--that earlier day.
14
(3) If a period ends under subsection (2) in relation to a person, then,
15
subject to the social security law, the participation payment
16
becomes payable to the person for that period.
17
15 After section 42U
18
Insert:
19
42UA Prior notification of excuse
20
(1) This section applies in relation to the following failures of a
21
person:
22
(a) a failure to participate, on a day, in an activity that the person
23
is required to undertake by an employment pathway plan that
24
is in force in relation to the person;
25
(b) a failure to comply with a serious failure requirement
26
imposed on the person, where the requirement was to
27
undertake an activity on a day or to attend an appointment, or
28
contact a person, at a particular time;
29
(c) a failure to comply with a requirement notified to the person
30
under subsection 63(2), where the requirement was to attend
31
an office of the Department, to contact the Department or to
32
attend a particular place for a particular purpose;
33
(d) a failure to attend an appointment that the person is required
34
to attend by an employment pathway plan that is in force in
35
relation to the person;
36
Amendments Schedule 1
Social Security Legislation Amendment (Job Seeker Compliance) Bill 2011 No. , 2011
7
(e) a failure to comply with a reconnection requirement or a
1
further reconnection requirement, where the requirement was
2
to undertake an activity on a day or to attend an appointment,
3
or contact a person, at a particular time.
4
(2) For the purposes of subparagraph 42C(4)(a)(ii), paragraph
5
42E(4)(a) or subsection 42H(3), in deciding whether the person has
6
a reasonable excuse for the failure, the following table has effect:
7
8
Prior notification of excuse
For this failure:
An excuse cannot be a reasonable excuse unless:
1
A failure referred to in
paragraph (1)(a) or (d)
(a) before the start of the activity on the day
concerned or before the time of the
appointment, the person notified the excuse to
the person or body specified in the employment
pathway plan as the person or body to whom
prior notice should be given if the person is
unable to undertake the activity or attend the
appointment; or
(b) the Secretary is satisfied that there were special
circumstances in which it was not reasonable to
expect the person to give the notification
2
A failure referred to in
paragraph (1)(b) or (e)
(a) before the start of the activity on the day
concerned or before the time of the appointment
or contact, the person notified the excuse to the
person or body notified by the Secretary as the
person or body to whom prior notice should be
given if the person is unable to undertake the
activity, attend the appointment or make the
contact; or
(b) the Secretary is satisfied that there were special
circumstances in which it was not reasonable to
expect the person to give the notification
Schedule 1 Amendments
8 Social Security Legislation Amendment (Job Seeker Compliance) Bill 2011 No. ,
2011
Prior notification of excuse
For this failure:
An excuse cannot be a reasonable excuse unless:
3
A failure referred to in
paragraph (1)(c)
(a) before the end of the time specified under
subsection 63(2), the person notified the excuse
to the person or body notified by the Secretary
as the person or body to whom prior notice
should be given if the person is unable to attend
the office, contact the Department or attend the
place; or
(b) the Secretary is satisfied that there were special
circumstances in which it was not reasonable to
expect the person to give the notification
Note:
Despite subsection (2), the Secretary may decide for other reasons that
1
the excuse is not a reasonable excuse.
2
16 After section 42Y
3
Insert:
4
42YA Relationship between Subdivisions of this Division
5
No Subdivision of this Division limits any other Subdivision of this
6
Division.
7
17 Subdivision G of Division 3A of Part 3
8
Repeal the Subdivision.
9
18 Subsection 63(7) (note)
10
Repeal the note.
11
19 Paragraph 64(1)(e)
12
Before "the Secretary", insert "except if the person is receiving, or has
13
made a claim for, a participation payment--".
14
20 Application
15
(1)
The amendments made by items 2 and 8 apply in relation to
16
determinations made on or after the commencement of those items.
17
(2)
The amendment made by item 4 applies in relation to notifications
18
made on or after the commencement of that item.
19
Amendments Schedule 1
Social Security Legislation Amendment (Job Seeker Compliance) Bill 2011 No. , 2011
9
(3)
A requirement imposed under section 42G of the Social Security
1
(Administration) Act 1999 before the commencement of this item has
2
effect, on and after that commencement, as if it had been imposed under
3
section 42G of that Act as amended by this Act.
4
(4)
Paragraphs 42G(b), (c) and (d) of the Social Security (Administration)
5
Act 1999, as amended by this Act, apply in relation to failures that are
6
first committed on or after the commencement of this item (whether the
7
requirements arose before, on or after that commencement).
8
(5)
The amendments made by items 9, 14, 15 and 19 apply in relation to
9
failures that are first committed on or after the commencement of those
10
items (whether the requirements arose before, on or after that
11
commencement).
12
(6)
The amendments made by items 12 and 13 apply in relation to
13
requirements imposed under section 42G or 42J of the Social Security
14
(Administration) Act 1999 on or after the commencement of those
15
items.
16