Commonwealth Numbered Acts

SOCIAL SECURITY (BUDGET AND OTHER MEASURES) LEGISLATION AMENDMENT ACT 1993 No. 121, 1993 - SECT 14

14. After Subdivision B of Division 1 of Part 2.11 of the Principal Act the
following Subdivision is inserted:

"Subdivision BA-Job Search Activity Agreements Job Search Activity
Agreements-requirement

"525A.(1) If a person is claiming or receiving a job search allowance, the
Secretary may require the person to enter into a Job Search Activity
Agreement.

"(2) The Secretary may require a person who has entered into a Job Search
Activity Agreement to enter into another such agreement instead of the
existing one.

"(3) The Secretary is to give a person who is required to enter into a Job
Search Activity Agreement notice of:

   (a)  the requirement; and

   (b)  the places and times at which the agreement is to be negotiated.

"(4) A Job Search Activity Agreement is a written agreement, in a form
approved by the Employment Secretary, with the CES. Note 1: For 'Employment
Secretary' see section 23. Note 2: 'CES' means the Commonwealth Employment
Service (see section 23). Job Search Activity Agreements-terms

"525B.(1) A Job Search Activity Agreement with a person is to require the
person to undertake one or more of the following activities approved by the
Secretary:

   (a)  a job search;

   (b)  a vocational training course;

   (c)  training that would help in searching for work;

   (d)  paid work experience;

   (e)  measures designed to eliminate or reduce any disadvantage the person
        has in the labour market, not being measures compelling the person to
        work in return for payment of job search allowance;

   (f)  participation in a labour market program conducted by the CES;

   (g)  participation in a rehabilitation program;

   (h)  an activity proposed by the person (such as unpaid voluntary work
        proposed by the person).

"(2) The agreement is not to require the person to undertake unpaid voluntary
work for a period greater than that covered by section 524A or 525.

"(3) The terms of an agreement, which include the specification of the
activities that the person is to be required to undertake, are to be approved
by the Secretary.

"(4) In considering whether to approve the terms of an agreement with a
person, the Secretary is to have regard to the person's capacity to comply
with the proposed agreement and the person's needs.

"(5) In having regard to a person's capacity to comply with an agreement and
the person's needs, the Secretary is to take into account:

   (a)  the person's education, experience, skills, age and physical
        condition; and

   (b)  the state of the labour market in the locality where the person
        resides; and

   (c)  the training opportunities available to the person; and

   (d)  any factors that the Secretary considers relevant in the
        circumstances.

"(6) An agreement with a person:

   (a)  may be varied or suspended; and

   (b)  if another Job Search Activity Agreement is made with the person- may
        be cancelled; and

   (c)  may be reviewed from time to time at the request of either party to
        the agreement.

"(7) An allowee who is a party to an agreement is to notify the Secretary of
any circumstances preventing or affecting the allowee's compliance with the
agreement. Job Search Activity Agreements-failure to negotiate

"525C.(1) If:

   (a)  a person has been given notice under subsection 525A(3) of a
        requirement to enter into a Job Search Activity Agreement; and

   (b)  the Secretary is satisfied, because of the person's failure to:

        (i)    attend the negotiation of the agreement; or

        (ii)   respond to correspondence about the agreement; or

        (iii)  agree to terms of the agreement proposed by the CES; or
               otherwise, that the person is unreasonably delaying entering
               into the agreement; then:

   (c)  the Secretary may give the person notice that the person is being
        taken to have failed to enter the agreement; and

   (d)  if the notice is given-the person is taken to have so failed. Note:
        Refusal to enter into a Job Search Activity Agreement disqualifies a
        person for job search allowance-see paragraphs 513(1)(ba), 513(1A)(ca)
        and 513(2)(ba).

"(2) A notice under paragraph (1)(c) must:

   (a)  be in writing; and

   (b)  set out the reasons for the decision to give the notice; and

   (c)  include a statement describing the rights of the person to apply for
        the review of the decision.".