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FURTHER 1998 BUDGET MEASURES LEGISLATION AMENDMENT (SOCIAL SECURITY) ACT 1999 NO. 152, 1999 - SCHEDULE 7

- Amendments relating to youth allowance and newstart allowance: unsuitable work

Social Security Act 1991

1 Subsection 541D(1)

Omit "For the purposes of", substitute "Subject to subsections (1A) and (1B), for the purposes of".

2 After subsection 541D(1)

Insert:

(1A)
If:

(a)
a person seeks work in an area (the new area ) that is outside the area (the old area ) in which the person's home is situated; and

(b)
the person is offered permanent full-time work (whether or not work of the kind sought) in the new area;

the work offered is not unsuitable for the person because of paragraph (1)(g),
(ga)
or (ha) unless:

(c)
the person is under the age of 18; or

(d)
the person or the person's partner is pregnant; or

(e)
the person or the person's partner has a severe medical condition and the condition makes it unreasonable for the person to accept the offer; or

(f)
the acceptance of the offer would jeopardise the current employment, or the employment prospects, of the person's partner; or

(g)
the person or the person's partner has a child under the age of 16 years who is living with them or is living somewhere else in the old area; or

(h)
the person or the person's partner has significant caring responsibilities in the old area; or

(i)
the educational, cultural or religious background of the person makes it unreasonable for the person to accept the offer; or

(j)
it is more appropriate for the person to participate in education or training than to accept the offer; or

(k)
the person would suffer severe financial hardship if the person were to accept the offer.

(1B)
Without affecting what would otherwise constitute a person seeking work outside the area in which the person's home is situated, if a person, when seeking employment through an employment service provider, represents to the provider that the person is willing to undertake work outside the area in which the person's home is situated, the person is taken for the purposes of subsection (1A) to seek work outside the area at the time when the representation is made.

3 Subsection 601(2A)

Omit "subsection (2AA)", substitute "subsections (2AA) and (2AB)".

4 Paragraph 601(2A)(i)

Omit "and subsection (2AB) applies to the person".

5 After subsection 601(2A)

Insert:

(2AA)
If:

(a)
a person seeks work in an area (the new area ) that is outside the area (the old area ) in which the person's home is situated; and

(b)
the person is offered permanent full-time work (whether or not work of the kind sought) in the new area;

the work offered is not unsuitable for the person because of paragraph (2A)(g) or (i) unless:

(c)
the person is under the age of 18 or over the age of 50; or

(d)
the person or the person's partner is pregnant; or

(e)
the person or the person's partner has a severe medical condition and the condition makes it unreasonable for the person to accept the offer; or

(f)
the acceptance of the offer would jeopardise the current employment, or the employment prospects, of the person's partner; or

(g)
the person or the person's partner has a child under the age of 16 years who is living with them or is living somewhere else in the old area; or

(h)
the person or the person's partner has significant caring responsibilities in the old area; or

(i)
the educational, cultural or religious background of the person makes it unreasonable for the person to accept the offer; or

(j)
it is more appropriate for the person to participate in education or training than to accept the offer; or

(k)
the person would suffer severe financial hardship if the person were to accept the offer.

(2AB)
Without affecting what would otherwise constitute a person seeking work outside the area in which the person's home is situated, if a person, when seeking employment through an employment service provider, represents to the provider that the person is willing to undertake work outside the area in which the person's home is situated, the person is taken for the purposes of subsection (2AA) to seek work outside the area at the time when the representation is made.



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