Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section is a simplified outline of this Act.
(2) Under Part 2, a person is eligible for financial assistance under this Act (called an advance) if:
(a) the person ' s employment by an employer has ended; and
(b) the employer is being wound up or bankrupt; and
(c ) the end of the employment is connected with the insolvency or bankruptcy of the employer; and
(d) the person has not been fully paid his or her entitlements relating to that employment; and
(e) the person has made a claim for the advance.
(3) A person ' s claim for an advance is decided by the Secretary, who also decides the amount of the advance if the person is eligible for it ( see section 15 ) .
(4) Part 3 explains how to work out the amount of an advance for a person , taking account of the person ' s unpaid entitlements relating to unused annual leave, unused long service leave, payment in lieu of notice, redundancy pay and wages for a 13 - week period. The amount may be reduced because:
(a) the person owes debts to his or her employer; or
(b) the liquidator or bankruptcy trustee expects to be able to pay those entitlements in full soon.
(5 ) Part 4 deals with payment of an advance by the Commonwealth, either:
(a) directly to the person eligible for the advance ; or
(b) to the liquidator, the bankruptcy trustee or another intermediary who will pass it on to the person.
(6 ) Part 5 lets the Commonwealth recover some or all of the advance , by:
(a) substituting the Commonwealth for the person eligible for the advance as a creditor in the winding up or bankruptcy of the employer; and
(b) requiring the person to pay the Commonwealth if he or she is later paid amounts for the entitlements the advance related to.
(7 ) Part 6 deals with administrative matters, including:
(a) review of decisions made by the Secretary on eligibility for advances and amounts of advances (see Division 2 of Part 6); and
(b) use and disclosure of personal information in connection with the administration of the Act (see Division 3 of Part 6).
(8 ) Part 7 deals with various matters, including:
(a) letting the Secretary extend the scheme for advances to persons whose employment has ended and whose employer is in administration under the Corporations Act 2001 ; and
(b) allowing regulations to provide for other schemes of
financial assistance for persons who work ed as contractors ( rather than
employees ) but have not been paid because of the insolvency or bankruptcy of
the persons they worked for.