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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Security Legislation Amendment
(Further Strengthening Job Seeker
Compliance) Bill 2015
No. , 2015
(Employment)
A Bill for an Act to amend the law relating to social
security, and for related purposes
No. , 2015
Social Security Legislation Amendment (Further Strengthening Job
Seeker Compliance) Bill 2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Social Security (Administration) Act 1999
3
No. , 2015
Social Security Legislation Amendment (Further Strengthening Job
Seeker Compliance) Bill 2015
1
A Bill for an Act to amend the law relating to social
1
security, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Social Security Legislation
5
Amendment (Further Strengthening Job Seeker Compliance) Act
6
2015.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Social Security Legislation Amendment (Further Strengthening Job
Seeker Compliance) Bill 2015
No. , 2015
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
1 July 2016.
1 July 2016
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Amendments Schedule 1
No. , 2015
Social Security Legislation Amendment (Further Strengthening Job
Seeker Compliance) Bill 2015
3
Schedule 1
--Amendments
1
2
Social Security (Administration) Act 1999
3
1 Section 42A
4
Repeal the section, substitute:
5
42A Simplified outline of this Division
6
•
The Secretary may determine that a person commits a no
7
show no pay failure or a serious failure.
8
•
A person commits such a failure by failing to comply with his
9
or her obligations in relation to a participation payment. The
10
participation payments are newstart allowance, and for some
11
people, youth allowance, parenting payment or special benefit.
12
•
For a no show no pay failure, a penalty amount is deducted
13
from the person's participation payment.
14
•
For a serious failure, a participation payment is generally not
15
payable to the person for 8 weeks, although in certain
16
circumstances a shorter period applies.
17
•
The Secretary may also determine that a person is unemployed
18
as a result of a voluntary act or misconduct. If the Secretary
19
does so, a participation payment is not payable to the person
20
for either 8 or 12 weeks, depending on the circumstances.
21
•
The Secretary may also determine that a participation payment
22
is not payable to a person for a period because of certain
23
failures. Once that period ends, the person may be able to
24
receive back pay.
25
2 Subdivision B of Division 3A of Part 3 (heading)
26
Repeal the heading, substitute:
27
Schedule 1 Amendments
4
Social Security Legislation Amendment (Further Strengthening Job
Seeker Compliance) Bill 2015
No. , 2015
Subdivision B--No show no pay failures relating to
1
participation in activities or to job interviews etc.
2
3 Section 42C (heading)
3
Repeal the heading, substitute:
4
42C No show no pay failures relating to participation in activities or
5
to job interviews etc.
6
4 Subsection 42C(4)
7
After "determine", insert ", under that subsection,".
8
5 Paragraph 42C(4)(c)
9
Repeal the paragraph, substitute:
10
(c) in respect of that day, there is a penalty amount, for the
11
person, because of a determination under
12
subsection 42SC(1).
13
6 Subsection 42C(5)
14
Omit ", provided that the penalty amount may not be deducted until at
15
least the instalment after the first instalment made following notification
16
to the person of the no show no pay failure".
17
7 Section 42D
18
After "determines", insert "under section 42C".
19
8 Subdivision C of Division 3A of Part 3
20
Repeal the Subdivision.
21
9 Paragraph 42M(1)(a)
22
Omit "(including by committing no show no pay failures, connection
23
failures or reconnection failures)".
24
10 Section 42NC
25
Repeal the section.
26
Amendments Schedule 1
No. , 2015
Social Security Legislation Amendment (Further Strengthening Job
Seeker Compliance) Bill 2015
5
11 Subsection 42P(1)
1
Repeal the subsection, substitute:
2
Participation payment not payable during serious failure period
3
(1) If the Secretary determines that a person commits a serious failure,
4
a participation payment is not payable to the person during the
5
person's serious failure period.
6
Note 1:
For a determination under subsection 42M(1), the Secretary may end a
7
serious failure period under section 42Q.
8
Note 2:
For a determination under subsection 42M(1), the Secretary may
9
determine that a participation payment is payable, despite this section,
10
under section 42R.
11
Note 3:
The Secretary may continue the participation payment pending the
12
outcome of an application for review (see sections 131 and 145).
13
12 Subsection 42P(3)
14
After "determines", insert "under subsection 42M(1)".
15
13 Subsection 42Q(1)
16
Omit "The Secretary may end a person's", substitute "If the Secretary
17
determines under subsection 42M(1) that a person commits a serious
18
failure, the Secretary may end the person's".
19
14 Subsection 42Q(3)
20
Repeal the subsection.
21
15 Subsection 42R(1)
22
Omit "The Secretary may determine that, despite a person's", substitute
23
"If the Secretary determines under subsection 42M(1) that a person
24
commits a serious failure, the Secretary may determine that, despite the
25
person's".
26
16 Before paragraph 42SA(1)(a)
27
Insert:
28
(aa) the person fails to comply with a requirement, under
29
section 501, 544A, 605 or 731L of the 1991 Act, to enter into
30
an employment pathway plan; or
31
Schedule 1 Amendments
6
Social Security Legislation Amendment (Further Strengthening Job
Seeker Compliance) Bill 2015
No. , 2015
17 After paragraph 42SA(1)(b)
1
Insert:
2
(baa) an employment pathway plan is in force in relation to the
3
person and the person fails to satisfy the Secretary that the
4
person has undertaken adequate job search efforts in relation
5
to a period worked out in accordance with the plan; or
6
18 Paragraph 42SA(1)(c)
7
Repeal the paragraph, substitute:
8
(c) the Secretary is satisfied that, during an appointment
9
mentioned in paragraph (b) or (ba) that the person attended,
10
the person acted in an inappropriate manner such that the
11
purpose of the appointment was not achieved.
12
19 Subsection 42SA(1) (note)
13
Repeal the note, substitute:
14
Note 1:
For paragraph (1)(baa), see also subsections (1B) to (1D).
15
Note 2:
For paragraph (1)(c), see also subsections (5) to (7).
16
20 Before subsection 42SA(1A)
17
Insert:
18
Exception--section 42SB applies
19
21 After subsection 42SA(1A)
20
Insert:
21
Adequate job search efforts
22
(1B) For the purposes of paragraph (1)(baa), the question whether a
23
person has undertaken adequate job search efforts in relation to a
24
particular period is to be worked out in accordance with a
25
determination in force under subsection (1C).
26
(1C) The Secretary must, by legislative instrument, make a
27
determination for the purposes of subsection (1B).
28
(1D) If the Secretary makes a determination under subsection (1)
29
because of paragraph (1)(baa) applying, the Secretary must notify
30
Amendments Schedule 1
No. , 2015
Social Security Legislation Amendment (Further Strengthening Job
Seeker Compliance) Bill 2015
7
the person, in any way that the Secretary considers appropriate, of
1
requirements the person must comply with. Those requirements
2
must be related to undertaking job searches.
3
22 Subsection 42SA(2)
4
Repeal the subsection, substitute:
5
Period participation payment is not payable
6
(2) The participation payment is not payable to the person for the
7
period worked out in accordance with the following table:
8
9
Non-payability period
Item
Column 1
If this paragraph
applies:
Column 2
The period begins on
this day:
Column 3
The period ends at the
end of this day:
1
Paragraph (1)(aa)
The day the person first
commits the failure
The day before the person
complies with a further
requirement, under
section 501, 544A, 605 or
731L of the 1991 Act, to
enter into an employment
pathway plan
2
Paragraph (1)(a)
The day the person first
commits the failure
The day before the person
attends an appointment the
Secretary, by a notice
under subsection 63(2),
requires the person to
attend because of that
paragraph applying
3
Paragraph (1)(b)
The day the person first
commits the failure
The day before the person
attends an appointment the
Secretary, by a notice
under subsection 63(2),
requires the person to
attend because of that
paragraph applying
4
Paragraph (1)(baa)
The day the person
fails to satisfy the
Secretary of the matter
The day before the person
satisfies the Secretary that
the person has complied
Schedule 1 Amendments
8
Social Security Legislation Amendment (Further Strengthening Job
Seeker Compliance) Bill 2015
No. , 2015
Non-payability period
Item
Column 1
If this paragraph
applies:
Column 2
The period begins on
this day:
Column 3
The period ends at the
end of this day:
referred to in that
paragraph
with the requirements
notified to the person
under subsection (1D)
5
Paragraph (1)(ba)
The day the person first
commits the failure
The day before the person
attends an appointment the
Secretary, by a notice
under subsection 63(2),
requires the person to
attend because of that
paragraph applying
6
Paragraph (1)(c)
The day of the
appointment
The day before the person
attends an appointment the
Secretary, by a notice
under subsection 63(2),
requires the person to
attend because of that
paragraph applying
(2AAA) If, in relation to a person and a period under subsection (2), the
1
Secretary determines that an earlier day is more appropriate than
2
the day that would otherwise apply under column 3 of an item in
3
the table in that subsection, then that period ends under that
4
subsection at the end of that earlier day.
5
23 Paragraph 42SA(2AA)(a)
6
Omit "employment provider", substitute "employment service
7
provider".
8
24 Paragraph 42SA(2AA)(b)
9
After "Secretary", insert ", by a notice under subsection 63(2),".
10
25 Paragraph 42SA(2AA)(b)
11
Omit "employment provider", substitute "employment service
12
provider".
13
Amendments Schedule 1
No. , 2015
Social Security Legislation Amendment (Further Strengthening Job
Seeker Compliance) Bill 2015
9
26 Subsection 42SA(2AA) (note 1)
1
Repeal the note.
2
27 Subsection 42SA(2AA) (note 2)
3
Omit "Note 2", substitute "Note".
4
28 Before subsection 42SA(2A)
5
Insert:
6
Withholding payment
7
29 Before subsection 42SA(3)
8
Insert:
9
When participation payment becomes payable again
10
30 Subsection 42SA(3) (note)
11
Omit "Note", substitute "Note 1".
12
31 Subsection 42SA(3) (note)
13
Omit "paragraph (1)(b) or (ba)", substitute "paragraph (1)(aa), (b), (ba)
14
or (c)".
15
32 At the end of subsection 42SA(3)
16
Add:
17
Note 2:
If a period ends under subsection (2) in relation to a person and a
18
participation payment becomes payable to the person for that period,
19
section 42C may apply in relation to a day in that period.
20
33 Before subsection 42SA(4)
21
Insert:
22
Notification of determination
23
34 At the end of section 42SA
24
Add:
25
Schedule 1 Amendments
10
Social Security Legislation Amendment (Further Strengthening Job
Seeker Compliance) Bill 2015
No. , 2015
Legislative instrument--paragraph (1)(c)
1
(5) The Secretary may, by legislative instrument, determine matters
2
that the Secretary must take into account in deciding whether
3
paragraph (1)(c) applies in relation to a person.
4
(6) If the Secretary makes such an instrument, in deciding whether
5
paragraph (1)(c) applies in relation to a person, the Secretary must
6
take those matters into account.
7
(7) To avoid doubt, subsection (6) does not limit the matters that the
8
Secretary may take into account in deciding whether
9
paragraph (1)(c) applies in relation to a person.
10
35 Subdivision EC of Division 3A of Part 3 (heading)
11
Repeal the heading, substitute:
12
Subdivision EC--No show no pay failures relating to
13
appointments or to entry into employment pathway
14
plans
15
36 Section 42SC (heading)
16
Repeal the heading, substitute:
17
42SC No show no pay failures relating to appointments or to entry
18
into employment pathway plans
19
37 Subsection 42SC(1)
20
Omit "non-attendance failure", substitute "no show no pay failure".
21
38 Subsection 42SC(1)
22
Omit "the person's failure referred to in paragraph 42SA(1)(b) or (ba)",
23
substitute "paragraph 42SA(1)(aa), (b), (ba) or (c) applying".
24
39 Subsection 42SC(2)
25
Repeal the subsection, substitute:
26
(2) Despite subsection (1), the Secretary must not determine, under
27
that subsection, that a person commits a no show no pay failure if
28
Amendments Schedule 1
No. , 2015
Social Security Legislation Amendment (Further Strengthening Job
Seeker Compliance) Bill 2015
11
the person satisfies the Secretary that the person has a reasonable
1
excuse for:
2
(a) in relation to paragraph 42SA(1)(aa), (b) or (ba)--the
3
person's failure referred to in that paragraph; or
4
(b) in relation to paragraph 42SA(1)(c)--the manner in which
5
the person acted during the appointment referred to in that
6
paragraph.
7
Note:
The Secretary must take certain matters into account for the purposes
8
of subsection (2) (see section 42U). See also section 42UA (about
9
prior notification of excuses).
10
40 Subsection 42SC(3)
11
Omit "non-attendance failure", substitute "no show no pay failure".
12
41 Section 42SD
13
After "determines", insert "under section 42SC".
14
42 Section 42SD
15
Omit "non-attendance failure" (wherever occurring), substitute "no
16
show no pay failure".
17
43 Subsection 42T(1)
18
Omit ", a reconnection failure or a non-attendance failure".
19
44 Before subsection 42T(2)
20
Insert:
21
No show no pay failures under subsection 42C(1)
22
45 Subsection 42T(2)
23
After "no show no pay failure", insert "under subsection 42C(1)".
24
46 Subsection 42T(3)
25
Repeal the subsection.
26
47 Before subsection 42T(3A)
27
Insert:
28
Schedule 1 Amendments
12
Social Security Legislation Amendment (Further Strengthening Job
Seeker Compliance) Bill 2015
No. , 2015
No show no pay failures under subsection 42SC(1)
1
48 Subsection 42T(3A)
2
Omit "a non-attendance failure", substitute "a no show no pay failure
3
under subsection 42SC(1)".
4
49 Subsection 42T(3A)
5
Omit "non-attendance failure penalty period", substitute "applicable
6
penalty period".
7
50 Subsection 42T(3B)
8
Repeal the subsection, substitute:
9
(3B) For the purposes of subsection (3A), the applicable penalty period
10
is the period:
11
(a) beginning on the day the person is notified by the Secretary
12
of the determination under subsection 42SA(1); and
13
(b) ending on:
14
(i) the day the period under subsection 42SA(2) ends; or
15
(ii) if the Secretary determines under subsection (3C) of this
16
section that an earlier day is more appropriate than the
17
day that would otherwise apply under
18
subparagraph (i)--that earlier day.
19
(3C) For the purposes of subparagraph (3B)(b)(ii), the Secretary may
20
determine an earlier day if the person satisfies the Secretary that
21
the person has a reasonable excuse:
22
(a) for item 1 of the table in subsection 42SA(2)--for failing to
23
comply with the further requirement mentioned in column 3
24
of that item; or
25
(b) for item 2 or 3 of that table--for failing to attend the
26
appointment mentioned in column 3 of that item; or
27
(c) for item 4 of that table--for failing to comply with the
28
requirements mentioned in column 3 of that item; or
29
(d) for item 5 or 6 of that table--for failing to attend the
30
appointment mentioned in column 3 of that item.
31
Note:
The Secretary must take certain matters into account for the purposes
32
of subsection (3C) (see section 42U). See also section 42UA (about
33
prior notification of excuses).
34
Amendments Schedule 1
No. , 2015
Social Security Legislation Amendment (Further Strengthening Job
Seeker Compliance) Bill 2015
13
51 Subsection 42T(4)
1
Repeal the subsection.
2
52 Before subsection 42T(5)
3
Insert:
4
General rules
5
53 Paragraph 42U(1)(a)
6
After "paragraph 42C(4)(a)", insert "and subsection 42SC(2)".
7
54 Paragraphs 42U(1)(b) and (c)
8
Repeal the paragraphs.
9
55 Paragraph 42U(1)(e)
10
Repeal the paragraph, substitute:
11
(e) a failure referred to in paragraph 42T(3C)(a), (b), (c) or (d).
12
56 Paragraph 42UA(1)(d)
13
Omit "person;", substitute "person.".
14
57 Paragraph 42UA(1)(e)
15
Repeal the paragraph.
16
58 Subsection 42UA(2)
17
Omit ", paragraph 42E(4)(a) or 42H(3)(a) or subsection 42SC(2)",
18
substitute "or subsection 42SC(2) or 42T(3C)".
19
59 Subsection 42UA(2) (table item 2, column headed
"For
20
this failure:")
21
Omit "or (e)".
22
60 Section 42V
23
Omit ", a reconnection failure or a non-attendance failure".
24
61 Section 42V
25
Omit ", 42L".
26
Schedule 1 Amendments
14
Social Security Legislation Amendment (Further Strengthening Job
Seeker Compliance) Bill 2015
No. , 2015
62 Section 42X
1
Before "A", insert "(1)".
2
63 Section 42X
3
Omit ", a reconnection failure or a non-attendance failure".
4
64 At the end of section 42X
5
Add:
6
(2) If, under this Division, a participation payment is not payable to a
7
person for a period, then, for the purposes of paragraphs 63(1)(a)
8
and (3)(a), the person is taken to be receiving that participation
9
payment for that period.
10
65 Subsection 63(2)
11
Omit "within", substitute "at or within".
12
66 Subclause 1(1) of Schedule 1 (definition of connection
13
failure)
14
Repeal the definition.
15
67 Subclause 1(1) of Schedule 1 (definition of further
16
reconnection requirement)
17
Repeal the definition.
18
68 Subclause 1(1) of Schedule 1 (definition of
19
non-attendance failure)
20
Repeal the definition.
21
69 Subclause 1(1) of Schedule 1 (definition of no show no
22
pay failure)
23
Omit "subsection 42C(1)", substitute "subsections 42C(1) and
24
42SC(1)".
25
70 Subclause 1(1) of Schedule 1 (definition of penalty
26
amount)
27
Omit ", a reconnection failure or a non-attendance failure".
28
Amendments Schedule 1
No. , 2015
Social Security Legislation Amendment (Further Strengthening Job
Seeker Compliance) Bill 2015
15
71 Subclause 1(1) of Schedule 1 (definition of reconnection
1
failure)
2
Repeal the definition.
3
72 Subclause 1(1) of Schedule 1 (definition of reconnection
4
failure period)
5
Repeal the definition.
6
73 Subclause 1(1) of Schedule 1 (definition of reconnection
7
requirement)
8
Repeal the definition.
9
74 Application and saving provisions
10
(1)
The amendments made by items 4, 5, 6 and 7 apply in relation to
11
determinations made under subsection 42C(1) of the Social Security
12
(Administration) Act 1999 on or after the commencement of this item.
13
(2)
Despite the amendments made by this Schedule, Subdivisions C, EA
14
and F of Division 3A of Part 3 of the Social Security (Administration)
15
Act 1999, as in force immediately before the commencement of this
16
item, continue to apply on and after that commencement in relation to
17
the following:
18
(a) a requirement mentioned in paragraph 42E(2)(a), (b), (c), (f)
19
or (g) or 42G(b), (c), (ca) or (d) of that Act that arose before
20
that commencement;
21
(b) a notice issued under subsection 42F(1) of that Act before
22
that commencement.
23
(3)
The amendments made by items 10, 11, 12, 13 and 15 apply in relation
24
to:
25
(a) determinations made under subsection 42M(1) of the Social
26
Security (Administration) Act 1999 on or after the
27
commencement of this item, where the failures referred to in
28
paragraph 42M(1)(a) of that Act occurred before, on or after
29
that commencement; or
30
(b) determinations made under subsection 42N(1) of the Social
31
Security (Administration) Act 1999 on or after the
32
commencement of this item, where the refusals or failures
33
Schedule 1 Amendments
16
Social Security Legislation Amendment (Further Strengthening Job
Seeker Compliance) Bill 2015
No. , 2015
referred to in paragraph 42N(1)(b) of that Act occurred on or
1
after that commencement.
2
(4)
The amendment made by item 16 applies in relation to failures that
3
occur on or after the commencement of this item, where the
4
requirements arose on or after that commencement.
5
(5)
The amendment made by item 17 applies in relation to failures that
6
occur on or after the commencement of this item, where the periods
7
begin on or after that commencement.
8
(6)
The amendment made by item 18 applies in relation to appointments
9
occurring on or after the commencement of this item.
10
(7)
The amendments made by items 22 and 24 apply in relation to
11
determinations made under subsection 42SA(1) of the Social Security
12
(Administration) Act 1999 on or after the commencement of this item,
13
other than determinations made as a result of the continued application
14
of Subdivision EA of Division 3A of Part 3 of that Act as mentioned in
15
subitem (2).
16
(8)
The amendments made by items 37, 38, 39, 40, 41, 42 and 50 apply in
17
relation to determinations made under subsection 42SC(1) of the Social
18
Security (Administration) Act 1999 on or after the commencement of
19
this item, where the determinations under subsection 42SA(1) of that
20
Act were made before, on or after that commencement.
21