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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Security Legislation Amendment
(Strengthening the Job Seeker
Compliance Framework) Bill 2014
No. , 2014
(Employment)
A Bill for an Act to amend the law relating to social
security, and for related purposes
No. , 2014
Social Security Legislation Amendment (Strengthening the Job Seeker
Compliance Framework) Bill 2014
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Main amendments
3
Part 1--Amendments commencing 1 January 2015
3
Social Security (Administration) Act 1999
3
Part 2--Amendments commencing 1 July 2015
6
Social Security Act 1991
6
Social Security (Administration) Act 1999
7
Schedule 2--Other amendments
11
Social Security (Administration) Act 1999
11
No. , 2014
Social Security Legislation Amendment (Strengthening the Job Seeker
Compliance Framework) Bill 2014
1
A Bill for an Act to amend the law relating to social
1
security, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Social Security Legislation
5
Amendment (Strengthening the Job Seeker Compliance
6
Framework) Act 2014.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Social Security Legislation Amendment (Strengthening the Job Seeker
Compliance Framework) Bill 2014
No. , 2014
1
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,
Part 1
1 January 2015.
1 January 2015
3. Schedule 1,
Part 2
1 July 2015.
1 July 2015
4. Schedule 2
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Main amendments Schedule 1
Amendments commencing 1 January 2015 Part 1
No. , 2014
Social Security Legislation Amendment (Strengthening the Job Seeker
Compliance Framework) Bill 2014
3
Schedule 1
--Main amendments
1
Part 1
--Amendments commencing 1 January 2015
2
Social Security (Administration) Act 1999
3
1 After paragraph 42G(c)
4
Insert:
5
(ca) a person fails to attend an appointment that the person is
6
required to attend by a notice under subsection 63(2); or
7
2 Paragraph 42G(d)
8
Omit "a requirement", substitute "any other requirement".
9
3 Paragraph 42G(e)
10
Omit "paragraph (b) or (c)", substitute "paragraph (b), (c) or (ca)".
11
4 After paragraph 42SA(1)(b)
12
Insert:
13
(ba) the person fails to attend an appointment that the person is
14
required to attend by a notice under subsection 63(2); or
15
5 Subsection 42SA(1) (notes 1 and 2)
16
Repeal the notes, substitute:
17
Note:
If paragraph (1)(a), (b) or (ba) applies, a reconnection requirement
18
must be imposed for that failure (see section 42G).
19
6 Paragraph 42SA(2)(a)
20
Repeal the paragraph, substitute:
21
(a) for a failure referred to in paragraph (1)(a), (b) or (ba):
22
(i) if the person complies with the reconnection
23
requirement imposed on the person under
24
paragraph 42G(e) because of that failure--the day
25
before the day on which the person so complies; or
26
(ii) if the person fails to comply with the reconnection
27
requirement imposed on the person under
28
paragraph 42G(e) because of that failure--the day
29
Schedule 1 Main amendments
Part 1 Amendments commencing 1 January 2015
4
Social Security Legislation Amendment (Strengthening the Job Seeker
Compliance Framework) Bill 2014
No. , 2014
before the day on which the person first commits the
1
failure to comply with that reconnection requirement; or
2
(aa) for a failure referred to in paragraph (1)(c)--the day before
3
the day on which the person complies with a reconnection
4
requirement or further reconnection requirement; or
5
7 Paragraph 42SA(2)(b)
6
After "paragraph (a)", insert "or (aa)".
7
8 After subsection 42SA(2)
8
Insert:
9
(2A) If:
10
(a) a participation payment is not payable to a person for a
11
period under subsection (2); and
12
(b) the participation payment is payable to the person for any
13
days occurring before that period begins;
14
then, despite any other provision of the social security law, the
15
Secretary may withhold payment of the participation payment to
16
the person for those days until that period ends.
17
9 After subsection 64(1)
18
Insert:
19
(1A) Subsection (1) does not apply if:
20
(a) the person is receiving a participation payment; and
21
(b) the person fails to attend an appointment that the person is
22
required to attend by a notice under subsection 63(2); and
23
(c) the Secretary makes a determination under
24
subsection 42SA(1) in relation to the person and the failure.
25
10 After paragraph 129(4)(a)
26
Insert:
27
(b) a decision under subsection 42SA(1) or (2A); or
28
11 Paragraph 144(fa)
29
After "42P(3)", insert "or 42SA(1) or (2A)".
30
Main amendments Schedule 1
Amendments commencing 1 January 2015 Part 1
No. , 2014
Social Security Legislation Amendment (Strengthening the Job Seeker
Compliance Framework) Bill 2014
5
12 Application and transitional provisions
1
(1)
The amendments made by items 1, 3, 4, 6, 8 and 9 apply in relation to
2
failures that are first committed on or after the commencement of those
3
items (where the requirements arose before, on or after that
4
commencement).
5
(2)
For the purposes of paragraph 42SA(2A)(b) of the Social Security
6
(Administration) Act 1999, as inserted by this Part, disregard days
7
occurring before the commencement of this item.
8
(3)
The amendments made by items 10 and 11 apply in relation to decisions
9
made on or after the commencement of those items.
10
Schedule 1 Main amendments
Part 2 Amendments commencing 1 July 2015
6
Social Security Legislation Amendment (Strengthening the Job Seeker
Compliance Framework) Bill 2014
No. , 2014
Part 2
--Amendments commencing 1 July 2015
1
Social Security Act 1991
2
13 Subsection 502A(1)
3
Omit "subsection (2)", substitute "subsections (2) and (2A)".
4
14 After subsection 502A(2)
5
Insert:
6
(2A) This section does not apply to a person included in a class of
7
persons specified in an instrument under subsection (2B).
8
(2B) The Secretary may, by legislative instrument, specify a class of
9
persons for the purposes of subsection (2A).
10
(2C) Subsection (2) does not limit subsections (2A) and (2B).
11
15 Subsection 603AA(1)
12
Omit "subsection (3)", substitute "subsections (3) and (3A)".
13
16 After subsection 603AA(3)
14
Insert:
15
(3A) This section does not apply to a person included in a class of
16
persons specified in an instrument under subsection (3B).
17
(3B) The Secretary may, by legislative instrument, specify a class of
18
persons for the purposes of subsection (3A).
19
(3C) Subsection (3) does not limit subsections (3A) and (3B).
20
17 Subsection 731G(1)
21
Omit "subsection (3)", substitute "subsections (3) and (3A)".
22
18 After subsection 731G(3)
23
Insert:
24
Main amendments Schedule 1
Amendments commencing 1 July 2015 Part 2
No. , 2014
Social Security Legislation Amendment (Strengthening the Job Seeker
Compliance Framework) Bill 2014
7
(3A) This section does not apply to a person included in a class of
1
persons specified in an instrument under subsection (3B).
2
(3B) The Secretary may, by legislative instrument, specify a class of
3
persons for the purposes of subsection (3A).
4
(3C) Subsection (3) does not limit subsections (3A) and (3B).
5
19 Application provision
6
The amendments made by items 13 to 18 apply in relation to relevant
7
periods beginning on or after the commencement of those items.
8
Social Security (Administration) Act 1999
9
20 Section 42A
10
Omit:
11
•
The Secretary may also determine that a participation payment
12
is not payable to a person for a period because of certain
13
failures. However, once that period ends, the person may be
14
able to receive back pay.
15
substitute:
16
•
The Secretary may also determine that a participation payment
17
is not payable to a person for a period because of certain
18
failures. Once that period ends, the person may be able to
19
receive back pay. For a failure to attend an appointment, a
20
penalty amount may be deducted from the person's
21
participation payment.
22
21 At the end of subsection 42SA(3)
23
Add:
24
Note:
For a failure referred to in paragraph (1)(b) or (ba), a penalty amount
25
may be deducted from the person's participation payment: see
26
Subdivision EC.
27
22 After Subdivision EB of Division 3A of Part 3
28
Insert:
29
Schedule 1 Main amendments
Part 2 Amendments commencing 1 July 2015
8
Social Security Legislation Amendment (Strengthening the Job Seeker
Compliance Framework) Bill 2014
No. , 2014
Subdivision EC--Non-attendance failures
1
42SC Non-attendance failures
2
(1) The Secretary may determine that a person commits a
3
non-attendance failure if the Secretary makes a determination
4
under subsection 42SA(1) because of the person's failure referred
5
to in paragraph 42SA(1)(b) or (ba).
6
(2) Despite subsection (1), the Secretary must not determine that a
7
person commits a non-attendance failure if the person satisfies the
8
Secretary that the person has a reasonable excuse for the person's
9
failure referred to in paragraph 42SA(1)(b) or (ba).
10
Note:
The Secretary must take certain matters into account for the purposes
11
of subsection (2) (see section 42U). See also section 42UA (about
12
prior notification of excuses).
13
Determining an instalment period
14
(3) The Secretary must include in a determination under this section
15
the instalment period in which a penalty amount (see section 42T)
16
for the non-attendance failure is to be deducted from the person's
17
instalment of a participation payment.
18
42SD Deduction of penalty amount
19
If the Secretary determines that a person commits a non-attendance
20
failure, the person's penalty amount (see section 42T) for the
21
non-attendance failure is to be deducted from the person's
22
instalment of a participation payment for the instalment period
23
determined under subsection 42SC(3).
24
Note:
The balance of the penalty amount is to be deducted from instalments
25
of the participation payment for any later instalment periods, or from
26
any instalments of any other participation payment paid to the person
27
(see section 42V).
28
23 Subsection 42T(1)
29
Omit "or a reconnection failure", substitute ", a reconnection failure or
30
a non-attendance failure".
31
Main amendments Schedule 1
Amendments commencing 1 July 2015 Part 2
No. , 2014
Social Security Legislation Amendment (Strengthening the Job Seeker
Compliance Framework) Bill 2014
9
24 After subsection 42T(3)
1
Insert:
2
(3A) The method determined for a non-attendance failure that a person
3
commits must not provide for a penalty amount, in respect of a day
4
in the period for which the participation payment is not payable
5
under subsection 42SA(2) because of the person's failure referred
6
to in paragraph 42SA(1)(b) or (ba), that is more than the following:
7
Amount of the person's instalment
of participation payment that would,
apart from subsection 42SA(2),
be payable to the person for the
instalment period in which the day occurs
1.4
Number of days in the person's instalment period
8
Note:
Any amount withheld under subsection 42SA(2A) for days in the
9
instalment period remains an amount payable to the person for the
10
instalment period.
11
25 At the end of subsection 42U(1)
12
Add:
13
; or (e) a non-attendance failure (see subsection 42SC(2)).
14
26 Subsection 42UA(2)
15
After "or 42H(3)(a)", insert "or subsection 42SC(2)".
16
27 Section 42V
17
Omit "or a reconnection failure", substitute ", a reconnection failure or
18
a non-attendance failure".
19
28 Section 42V
20
Omit "or 42L", substitute ", 42L or 42SD".
21
29 Section 42X
22
Omit "or a reconnection failure", substitute ", a reconnection failure or
23
a non-attendance failure".
24
30 Subclause 1(1) of Schedule 1
25
Insert:
26
Schedule 1 Main amendments
Part 2 Amendments commencing 1 July 2015
10
Social Security Legislation Amendment (Strengthening the Job Seeker
Compliance Framework) Bill 2014
No. , 2014
non-attendance failure has the meaning given by
1
subsection 42SC(1).
2
31 Subclause 1(1) of Schedule 1 (definition of penalty
3
amount)
4
Omit "or a reconnection failure", substitute ", a reconnection failure or
5
a non-attendance failure".
6
32 Application provision
7
Subsection 42SC(1) of the Social Security (Administration) Act 1999, as
8
inserted by this Part, applies in relation to failures referred to in
9
paragraph 42SA(1)(b) or (ba) of that Act that are first committed on or
10
after the commencement of this item (where the requirements arose
11
before, on or after that commencement).
12
Other amendments Schedule 2
No. , 2014
Social Security Legislation Amendment (Strengthening the Job Seeker
Compliance Framework) Bill 2014
11
Schedule 2
--Other amendments
1
2
Social Security (Administration) Act 1999
3
1 At the end of subsections 234(1) and (2)
4
Add "or under an instrument (including regulations) made under the
5
social security law".
6