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This is a Bill, not an Act. For current law, see the Acts databases.


SOCIAL AND COMMUNITY SERVICES PAY EQUITY SPECIAL ACCOUNT BILL 2012

2010-2011-2012
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social and Community Services Pay
Equity Special Account Bill 2012
No. , 2012
(Families, Housing, Community Services and Indigenous Affairs)
A Bill for an Act to establish the Social and
Community Services Pay Equity Special Account,
and for related purposes
i Social and Community Services Pay Equity Special Account Bill 2012 No. , 2012
Contents
Part 1--Preliminary
1
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
2
3 Simplified
outline
..............................................................................
2
4 Definitions
.........................................................................................
2
Part 2--Social and Community Services Pay Equity Special
Account
4
5
Social and Community Services Pay Equity Special Account .......... 4
6
Credits to the Account ....................................................................... 4
7
Purposes of the Account .................................................................... 4
8 COAG
Reform
Fund
..........................................................................
6
Part 3--Other matters
8
9 Disallowance
of
instruments .............................................................. 8
10 Sunset
provision
.................................................................................
8
Schedule 1--Programs
9
Part 1--Programs in the Financial Management and
Accountability Regulations
9
Part 2--Other programs
11
Schedule 2--Programs
12
Part 1--Programs in the Financial Management and
Accountability Regulations
12
Part 2--Other programs
13
Schedule 3--Grants of financial assistance
14
Part 1--Agreements
14
Part 2--Payments
15
Social and Community Services Pay Equity Special Account Bill 2012 No. , 2012 1
A Bill for an Act to establish the Social and
1
Community Services Pay Equity Special Account,
2
and for related purposes
3
The Parliament of Australia enacts:
4
Part 1--Preliminary
5
6
1 Short title
7
This Act may be cited as the Social and Community Services Pay
8
Equity Special Account Act 2012.
9
Part 1 Preliminary
Section 2
2 Social and Community Services Pay Equity Special Account Bill 2012 No. , 2012
2 Commencement
1
This Act commences on the day this Act receives the Royal
2
Assent.
3
3 Simplified outline
4
The following is a simplified outline of this Act:
5
This Act establishes the Social and Community Services Pay
6
Equity Special Account.
7
Section 6 provides for annual credits of money to the Account
8
for the 2012-13 financial year through to the 2020-21 financial
9
year.
10
Section 7 provides that a purpose of the Account is to assist
11
certain employers in the Social, Community and Disability
12
Services Industry to meet the costs of payments required to be
13
made as a result of certain pay equity orders. That section sets
14
out the other purpose of the Account.
15
Section 8 provides that amounts may be debited from the
16
Account and credited to the COAG Reform Fund for the
17
purpose of making grants to the States or Territories in
18
relation to the same kind of assistance.
19
This Act ceases to have effect on 30 June 2021.
20
4 Definitions
21
(1) In this Act:
22
Account means the Social and Community Services Pay Equity
23
Special Account established by section 5.
24
COAG Reform Fund means the COAG Reform Fund established
25
by section 5 of the COAG Reform Fund Act 2008.
26
Preliminary Part 1
Section 4
Social and Community Services Pay Equity Special Account Bill 2012 No. , 2012 3
pay equity order means:
1
(a) the Social, Community and Disability Services Industry
2
Equal Remuneration Order; or
3
(b) a transitional pay equity order (Queensland).
4
Social, Community and Disability Services Industry Equal
5
Remuneration Order means the order:
6
(a) made by Fair Work Australia under section 302 of the Fair
7
Work Act 2009 on 22 June 2012; and
8
(b) titled "Social, Community and Disability Services Industry
9
Equal Remuneration Order 2012".
10
transitional pay equity order (Queensland) means:
11
(a) the order that, under subitem 43(1) of Schedule 3 to the Fair
12
Work (Transitional Provisions and Consequential
13
Amendments) Act 2009, is taken to have been made by Fair
14
Work Australia under item 43 of that Schedule on 27 March
15
2011; or
16
(b) the order that, under subitem 30A(1) of Schedule 3A to the
17
Fair Work (Transitional Provisions and Consequential
18
Amendments) Act 2009, is taken to have been made by Fair
19
Work Australia under item 30A of that Schedule on
20
1 January 2010.
21
(2) For the purposes of this Act, the order referred to in paragraph (b)
22
of the definition of transitional pay equity order (Queensland) in
23
subsection (1) covers, or applies to, an employer only if the
24
Division 2B State award referred to in paragraph 30A(2)(a) of
25
Schedule 3A to the Fair Work (Transitional Provisions and
26
Consequential Amendments) Act 2009 was derived from the
27
Queensland Community Services and Crisis Assistance Award--
28
State 2008.
29
30
Part 2 Social and Community Services Pay Equity Special Account
Section 5
4 Social and Community Services Pay Equity Special Account Bill 2012 No. , 2012
Part 2--Social and Community Services Pay
1
Equity Special Account
2
3
5 Social and Community Services Pay Equity Special Account
4
(1) The Social and Community Services Pay Equity Special Account
5
is established by this section.
6
(2) The Account is a Special Account for the purposes of the Financial
7
Management and Accountability Act 1997.
8
6 Credits to the Account
9
On the day mentioned in column 1 of an item in the following
10
table, there is to be credited to the Account the amount mentioned
11
in column 2 of that item:
12
13
Credits to the Account
Item Column
1
Day
Column 2
Amount to be credited
1
The day this section commences
$69.4 million
2
1 July 2013
$145.2 million
3
1 July 2014
$198.5 million
4
1 July 2015
$253.4 million
5
1 July 2016
$309.4 million
6
1 July 2017
$368.7 million
7
1 July 2018
$431.4 million
8
1 July 2019
$491.1 million
9
1 July 2020
$554.5 million
7 Purposes of the Account
14
(1) This section sets out the 2 purposes of the Account.
15
Note:
See section 21 of the Financial Management and Accountability Act
16
1997 (debits from Special Accounts).
17
Social and Community Services Pay Equity Special Account Part 2
Section 7
Social and Community Services Pay Equity Special Account Bill 2012 No. , 2012 5
(2) A purpose of the Account is to assist employers:
1
(a) who are covered by a pay equity order or to whom a pay
2
equity order applies; and
3
(b) who are receiving funding, directly or indirectly, from the
4
Commonwealth for the purposes of a program specified in an
5
item in Part 1 or 2 of Schedule 1 (including that Schedule as
6
modified by an instrument under subsection (4));
7
to meet the costs of payments required to be made by the
8
employers as a result of the order.
9
(3)
If:
10
(a) employers are receiving, from the Commonwealth, fees for
11
services; and
12
(b) the services are provided for the purposes of a program
13
specified in an item in Part 1 or 2 of Schedule 2 (including
14
that Schedule as modified by an instrument under
15
subsection (4));
16
then a purpose of the Account is to pay some or all of any increase
17
in those fees paid to those employers, to the extent that the increase
18
relates to one or more pay equity orders.
19
Instrument modifying Schedule 1 or 2
20
(4) The Minister may, by written instrument, modify Schedule 1 or 2
21
in one or more of the following ways:
22
(a) adding an item that specifies a program;
23
(b) omitting an item that specifies a program;
24
(c) omitting and substituting an item that specifies a program;
25
(d) varying an item that specifies a program.
26
(5) An instrument made under subsection (4) is a legislative
27
instrument, but section 42 (disallowance) of the Legislative
28
Instruments Act 2003 does not apply to the instrument.
29
Note:
See section 9 for disallowance of an instrument made under
30
subsection (4).
31
Part 2 Social and Community Services Pay Equity Special Account
Section 8
6 Social and Community Services Pay Equity Special Account Bill 2012 No. , 2012
8 COAG Reform Fund
1
(1) The Minister may, by writing, direct that a specified amount is to
2
be:
3
(a) debited from the Account; and
4
(b) credited to the COAG Reform Fund;
5
on a specified day.
6
(2) The direction must be expressed to be given in order to enable the
7
specified amount to be debited from the COAG Reform Fund for
8
the purpose of making a specified grant of financial assistance to a
9
State or Territory.
10
(3) A grant specified under subsection (2) must be a grant of financial
11
assistance in relation to assisting employers:
12
(a) who are covered by a pay equity order or to whom a pay
13
equity order applies; and
14
(b) who are receiving funding from a State or Territory because
15
of another grant of financial assistance:
16
(i) that is to the State or Territory and that is made under an
17
agreement specified in an item in Part 1 of Schedule 3
18
(including that Schedule as modified by an instrument
19
under subsection (7)); or
20
(ii) that is to the State or Territory under Part 3 of the
21
Federal Financial Relations Act 2009 and that is a
22
payment specified in an item in Part 2 of Schedule 3
23
(including that Schedule as modified by an instrument
24
under subsection (7));
25
to meet the costs of payments required to be made by the
26
employers as a result of the order.
27
(4) Two or more directions under subsection (1) may be set out in the
28
same document.
29
Debit from the COAG Reform Fund
30
(5) The Treasurer must ensure that, as soon as practicable after an
31
amount is credited to the COAG Reform Fund under
32
subsection (1), in relation to making a grant of financial assistance
33
Social and Community Services Pay Equity Special Account Part 2
Section 8
Social and Community Services Pay Equity Special Account Bill 2012 No. , 2012 7
specified under subsection (2) to a State or Territory, the COAG
1
Reform Fund is debited for the purposes of making that grant.
2
Direction is not a legislative instrument
3
(6) A direction under subsection (1) is not a legislative instrument.
4
Instrument modifying Schedule 3
5
(7) The Minister may, by written instrument, modify Schedule 3 in one
6
or more of the following ways:
7
(a) adding an item that specifies an agreement or payment;
8
(b) omitting an item that specifies an agreement or payment;
9
(c) omitting and substituting an item that specifies an agreement
10
or payment;
11
(d) varying an item that specifies an agreement or payment.
12
(8) An instrument made under subsection (7) is a legislative
13
instrument, but section 42 (disallowance) of the Legislative
14
Instruments Act 2003 does not apply to the instrument.
15
Note:
See section 9 for disallowance of an instrument made under
16
subsection (7).
17
18
Part 3 Other matters
Section 9
8 Social and Community Services Pay Equity Special Account Bill 2012 No. , 2012
Part 3--Other matters
1
2
9 Disallowance of instruments
3
Scope
4
(1) This section applies to an instrument under subsection 7(4) or 8(7).
5
Disallowance
6
(2) Either House of Parliament may, following a motion on notice,
7
pass a resolution disallowing the instrument. To be effective, the
8
resolution must be passed within 5 sitting days of the House after
9
the copy of the instrument was tabled in the House under
10
section 38 of the Legislative Instruments Act 2003.
11
(3) If neither House passes such a resolution, the instrument takes
12
effect on the day immediately after the last day on which such a
13
resolution could have been passed.
14
(4) If a House of Parliament passes a resolution under subsection (2)
15
disallowing an instrument made under subsection 7(4) or 8(7), this
16
Act does not prevent the Minister from making another instrument
17
under subsection 7(4) or 8(7).
18
10 Sunset provision
19
This Act ceases to have effect on 30 June 2021.
20
Programs Schedule 1
Programs in the Financial Management and Accountability Regulations Part 1
Social and Community Services Pay Equity Special Account Bill 2012 No. , 2012 9
Schedule 1--Programs
1
Note:
See subsection 7(2).
2
Part 1--Programs in the Financial Management
3
and Accountability Regulations
4
Attorney-General's
Department
402.001 Justice
Services
402.005
Payments for the provision of community legal services
402.008
Family Relationships Services Program
402.009
Payments under the Indigenous Justice Program
402.010
Payments for the provision of Family Violence Prevention Legal
Services for Indigenous Australia
Department of Education, Employment and Workplace Relations
407.034
Youth Attainment and Transitions National Partnership
Department of Families, Housing, Community Services and
Indigenous Affairs
410.001 Family
Support
410.002
Housing Assistance and Homelessness Prevention
410.004 Financial
Management
410.005 Community
Investment
410.009
Targeted Community Care
410.011
Services and Support for People with Disability
410.012 Support
for
Carers
410.015
Gender Equality for Women
Department of Health and Ageing
415.003 Drug
strategy
Schedule 1 Programs
Part 1 Programs in the Financial Management and Accountability Regulations
10 Social and Community Services Pay Equity Special Account Bill 2012 No. , 2012
415.017 Home
support
415.034 Mental
health
Department of Immigration and Citizenship
417.002
Grants for community settlement services
Department of the Prime Minister and Cabinet
420.001 Domestic
Policy
1
Programs Schedule 1
Other programs Part 2
Social and Community Services Pay Equity Special Account Bill 2012 No. , 2012 11
Part 2--Other programs
1
Department of Families, Housing, Community Services and
Indigenous Affairs
1
Programs referred to in paragraph 142A(1)(b) of the Aboriginal
and Torres Strait Islander Act 2005
2
Schedule 2 Programs
Part 1 Programs in the Financial Management and Accountability Regulations
12 Social and Community Services Pay Equity Special Account Bill 2012 No. , 2012
Schedule 2--Programs
1
Note:
See subsection 7(3).
2
Part 1--Programs in the Financial Management
3
and Accountability Regulations
4
Department of Immigration and Citizenship
417.003
Humanitarian settlement services
417.005
Supervision and welfare for unaccompanied humanitarian minors
417.012
Payments to the Australian Red Cross Society for the Asylum
Seeker Assistance Scheme
417.016
Compliance Resolution, Community Care and Assistance
417.017
Onshore Detention Network--Community and Detention Services
Department of Veterans' Affairs
430.007
Joint Venture Day Clubs
5
Programs Schedule 2
Other programs Part 2
Social and Community Services Pay Equity Special Account Bill 2012 No. , 2012 13
Part 2--Other programs
1
Department of Veterans' Affairs
1
Medical and Other Treatment Services provided under Part V of
the Veterans' Entitlements Act 1986
2
Treatment and Other Services provided under Chapter 6 of the
Military Rehabilitation and Compensation Act 2004
3
Treatment and Other Services provided under Part 2 of the
Australian Participants in British Nuclear Tests (Treatment) Act
2006
2
Schedule 3 Grants of financial assistance
Part 1 Agreements
14 Social and Community Services Pay Equity Special Account Bill 2012 No. , 2012
Schedule 3--Grants of financial assistance
1
Note:
See subsection 8(3).
2
Part 1--Agreements
3
4
1
National Partnership Agreement Supporting National Mental
Health Reform
2
National Partnership Agreement on Transitioning Responsibilities
for Aged Care and Disability Services
3
National Partnership Agreement on Homelessness
4
National Partnership Agreement on Health Services,
Implementation Plan for the National Perinatal Depression
Initiative
5
Review Agreement in relation to the provision of financial
assistance by the Commonwealth of Australia to Victoria for The
Home and Community Care Program
6
Review Agreement in relation to the provision of financial
assistance by the Commonwealth of Australia to Western Australia
for The Home and Community Care Program
5
Grants of financial assistance Schedule 3
Payments Part 2
Social and Community Services Pay Equity Special Account Bill 2012 No. , 2012 15
Part 2--Payments
1
2
1
National Affordable Housing Specific Purpose Payment
2
National Disability Specific Purpose Payment
Social and Community Services Pay Equity Special Account Bill 2012 No. , 2012 1
1

 


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