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FAIR ENTITLEMENTS GUARANTEE ACT 2012 - SECT 50

Schemes for assistance of workers who were not employees

  (1)   A regulation may provide for a scheme for:

  (a)   providing, directly or indirectly to individuals who are owed amounts for work they did for a specified person (except as employees of the person) who is insolvent or is reasonably expected to be insolvent, financial assistance relating to those amounts; and

  (b)   recovering amounts of that financial assistance.

  (2)   A regulation providing for such a scheme may also provide for the following:

  (a)   the determination of which individuals are eligible for financial assistance under the scheme (which determination may be made by, or depend on the opinion of, a person specified by the regulation);

  (b)   the determination of how much financial assistance individuals are eligible for under the scheme, which determination may:

  (i)   be made by, or depend on the opinion of, a person specified by the regulation; and

  (ii)   be of different amounts for different individuals;

  (c)   matters relating to the administration of the scheme, including:

  (i)   the making of claims and giving of notices; and

  (ii)   use and disclosure of personal information; and

  (iii)   review of decisions relating to the administration of the scheme (including applications to the Administrative Appeals Tribunal for review); and

  (iv)   the making, varying, administering and giving effect to of arrangements, contracts, agreements and deeds; and

  (v)   delegation of powers and functions relating to the administration of the scheme.

  (3)   A regulation made for the purposes of this section does not take effect before the end of the period in which it could be disallowed in either House of the Parliament.


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