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EMPLOYMENT SERVICES AMENDMENT ACT 1995 No. 148 of 1995 - SCHEDULE 1
SCHEDULE 1 Section 3
AMENDMENT OF THE EMPLOYMENT SERVICES ACT 1994
PART 1-CES NOTIFICATION AND INTERVIEW OF PARTICIPANTS
IN THE CASE MANAGEMENT SYSTEM 1. Subsections 27(2), (3) and (4): Omit the
subsections, substitute: Notification and interview after a person becomes a
participant
"(2) If:
(a) a person has become a participant in the case management system; and
(b) the person has not already been interviewed under subsection (1) in
connection with so becoming a participant; and
(c) the person has not been referred to a case manager at any time since
so becoming a participant; and
(d) the CES becomes of the opinion that if:
(i) the CES were to ask the person to attend or take part in an
interview with the CES under this subsection; and
(ii) the person were to attend or take part in the interview; the
person could reasonably be referred to a case manager within 24
days after the date of the interview; the CES must:
(e) give the person a written notice stating that he or she has become a
participant in the case management system; and
(f) ask the person:
(i) to attend an interview with the CES; or
(ii) to take part in an interview with the CES by telephone,
video-link or similar means. Note: Sections 28A and 29 of the
Acts Interpretation Act 1901 (which deal with service of
documents) apply to a notice given under this subsection.". 2.
Paragraph 27(5)(a): Omit "(3) or (4)", substitute "(2)". 3.
Section 28: Omit "27(3), (4)", substitute "27(2)". 4.
Application The amendments made by this Part apply to a person
who becomes a participant in the case management system before,
at or after the commencement of this item. 5. Transitional -
pre-commencement participants in the case management system
(1) Subsection 27(2) of the Employment Services Act 1994 as amended by this
Part does not apply to a person if the person:
(a) was a participant in the case management system immediately before the
commencement of this item; and
(b) had already been given a request under section 27 of that Act before
the commencement of this item.
(2) Despite the amendments made by this Part, subsection 27(5) and section 28
of the Employment Services Act 1994 continue to apply, in relation to a
request given before the commencement of this item, as if those amendments had
not been made.
(3) Paragraph 27(2)(e) of the Employment Services Act 1994 as amended by this
Part does not apply to a participant in the case management system if, before
the commencement of this item, he or she had been given a notice to the effect
that he or she had become such a participant.
PART 2 - JOB COMPACT ELIGIBILITY 6. Subsection 39(10): Add at the end:
"; and (c) throughout the period of 18 months ending at that
time, the person was registered with the CES.". 7. Subsection 39(14): Omit the
subsection, substitute: Determinations about terminating events and resetting
CES registration to zero
"(14) The Minister may make a written determination:
(a) that a specified event or circumstance is a terminating event for the
purposes of subsection (13); or
(b) that a specified event or circumstance resets a person's CES
registration to zero for the purposes of paragraph (10)(c). A
determination has effect accordingly. When determination resets CES
registration to zero
"(14A) A determination covered by paragraph (14)(b) resets a person's CES
registration to zero if, and only if, the determination provides that the
person is taken, for the purposes of paragraph (10)(c):
(a) to have ceased, at a specified time, to be registered with the CES;
and
(b) to have recommenced, 24 hours later, to be registered with the CES.".
8. Section 39: Add at the end: Registration with the CES
"(16) For the purposes of this section, a person is registered with the CES
if, and only if, the person is registered by the CES as being unemployed.". 9.
Transitional - pre-commencement eligibility not affected A person who became
eligible for the Job Compact before the commencement of this item does not
cease to be eligible for the Job Compact merely because of the amendment of
subsection 39(10) of the Employment Services Act 1994 made by this Part. Note:
Such a person remains eligible for the Job Compact until a terminating event
happens: see subsection 39(13) of the Employment Services Act 1994 . 10.
Transitional - pre-commencement determinations remain in force
(1) This item applies to a determination that was in force under
subsection 39(14) of the Employment Services Act 1994 immediately before the
commencement of this item.
(2) The Employment Services Act 1994 as amended by this Part has effect, after
the commencement of this item, as if the determination had been made under
subsection 39(14) of that Act as amended by this Part.
PART 3 - ESRA'S USE OF CREDIT CARDS 11. Subsection 70(2): Add at the end:
"(f) to obtain goods or services on credit from any person by the use of a
credit card.".
PART 4 - AMALGAMATION OF JOB SEARCH ALLOWANCE AND NEWSTART ALLOWANCE 12.
Section 28: Omit "sections 546C and 630C", substitute "section 630C". 13.
Section 28 (note): Omit "job search allowance,". 14. Section 31: Omit
"sections 546C and 630C", substitute "section 630C". 15. Section 31 (note):
Omit "job search allowance,". 16. Subsection 36(2): Omit "job search
allowance, or newstart allowance,", substitute "newstart allowance". 17.
Paragraph 39(1)(e): Omit "job search allowance, or newstart allowance,",
substitute "newstart allowance". 18. Paragraph 39(10)(a): Omit "a job search
allowance, or a newstart allowance,", substitute "a newstart allowance". Note:
The heading to subsection 39(10) of the Employment Services Act 1994 is
altered by omitting "job search allowance,". 19. Paragraph 39(10)(b): Omit all
the words after "the person", substitute "received an income support payment;
and". 20. Subsection 39(10): Add at the end:
"Note: Income support payment is defined by subsection (17).". 21. Subsection
39(11): Omit the subsection, substitute: Gaps in receipt of income support
payment "(11) For the purposes of paragraph (10)(b), if:
(a) a person is in receipt of an income support payment; and
(b) in a case where the person has been in receipt of an income support
payment for a period of less than 12 months - the person ceases for a
period (the gap period) of not longer than 6 weeks to be in receipt of
an income support payment; and
(c) in a case where the person has been in receipt of an income support
payment for a period of at least 12 months - the person ceases for a
period (the gap period) of not longer than 13 weeks to be in receipt
of an income support payment; and
(d) at the end of the gap period, the person begins to receive an income
support payment; the person is taken to have been in receipt of an
income support payment throughout the gap period. Note: Income support
payment is defined by subsection (17).". 22. Section 39: Add at the
end: Definition
"(17) In this section:
income support payment means:
(a) newstart allowance under the Social Security Act 1991; or
(b) youth training allowance under Part 8 of the Student and Youth
Assistance Act 1973.". 23. Paragraph 40(1)(a): Omit "one", substitute
"either". 24. Subparagraph 40(1)(a)(i): Omit the subparagraph. 25.
Subparagraph 40(1)(a)(ii): Omit "or". 26. Paragraph 40(2)(a): Omit
"job search allowance", substitute "newstart allowance and is under
18". 27. Paragraph 40(2)(b): After "newstart allowance" insert "and is
18 or over". 28. Subsection 40(6) (definition of Job Search Activity
Agreement): After " Social Security Act 1991" insert "as in force
immediately before 20 September 1996". 29. Paragraph 41(1)(a): Omit
"one", substitute "either". 30. Subparagraph 41(1)(a)(i): Omit the
subparagraph. 31. Paragraph 41(2)(a): Omit "one", substitute "either".
32. Subparagraph 41(2)(a)(i): Omit the subparagraph. 33. Paragraph
41(3)(a): Omit "job search allowance", substitute "newstart allowance
and is under 18". 34. Paragraph 41(3)(b): After "newstart allowance"
insert "and is 18 or over". 35. Subsection 41(6) (definition of Job
Search Activity Agreement): After " Social Security Act 1991" insert
"as in force immediately before 20 September 1996". 36. Subsection
43(2) (note): Omit "sections 513 and", substitute "section". 37.
Subsection 43(2) (note): Omit "job search allowance,". 38. Paragraph
45(3)(a): Omit "a Job Search Activity Agreement,". Note 1: The heading
to section 45 of the Employment Services Act 1994 is altered by
omitting "Job Search Activity Agreements,". Note 2: The heading to
subsection 45(3) of the Employment Services Act 1994 is altered by
omitting "Job Search Activity Agreement,". 39. Subsection 45(3): Omit
"Job Search Activity Agreement," (last occurring). 40. Subsection
45(4): Omit "a Job Search Activity Agreement,". Note: The heading to
subsection 45(4) of the Employment Services Act 1994 is altered by
omitting "Job Search Activity Agreement,". 41. Subsection 45(5): Omit
"a job search allowance,". Note: The heading to subsection 45(5) of
the Employment Services Act 1994 is altered by omitting "job search
allowance or newstart allowance" and substituting "newstart allowance
or youth training allowance". 42. Subsection 45(7): Omit "sections 516
and 595 of the Social Security Act 1991 have effect, in relation to
the person, as if a reference in those sections to a Job Search
Activity Agreement or", substitute " section 595 of the
Social Security Act 1991 has effect, in relation to the person, as if
a reference in that section to". 43. Subsection 45(9): Omit the
subsection, substitute: Modification of activity test requirements
under the Social Security Act 1991
"(9) During the person's case management period, section 601 of the
Social Security Act 1991 has effect, in relation to the person, as if a
reference in that section to a Newstart Activity Agreement between the CES and
the person were a reference to a Case Management Activity Agreement between a
case manager and the person.". 44. Subsection 45(11): Omit "542A, 542B,". 45.
Subsection 45(11): Omit "a Job Search Activity Agreement or". 46. Subsection
45(15) (definitions of Job Search Activity Agreement and job search
allowance): Omit the definitions. 47. Subsection 46(2): Omit "2.11 or". 48.
Subsection 46(5): Omit "sections 546C and", substitute "section". 49.
Subsection 46(5) (note): Omit "job search allowance,". 50. Paragraph
149(2)(c): Omit "job search allowance,".
Note: The heading to section 149 of the Employment Services Act
1994 is altered by omitting "job search allowance,". 51. Paragraph 149(2)(d):
Omit "589 or". 52. Subsection 149(4) (definition of job search allowance):
Omit the definition. 53. Paragraph 155(2)(c): Omit "job search allowance,".
Note: The heading to section 155 of the Employment Services Act 1994 is
altered by omitting "job search allowance or newstart allowance" and
substituting "newstart allowance or youth training allowance". 54. Paragraph
155(2)(d): Omit "589 or". 55. Subsection 155(4) (definition of job search
allowance): Omit the definition. 56. Transitional - pre-commencement payments
of job search allowance
(1) This item applies to a payment of job search allowance received at any
time before the commencement of this item. (2) Subsections 39(10), (11) and
(17), 40(1) and (2) and 41(1), (2) and (3) of the Employment Services Act 1994
have effect, after the commencement of this item, as if the payment were a
payment of newstart allowance.
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