EMPLOYMENT AND WORKPLACE RELATIONS LEGISLATION AMENDMENT (WELFARE TO WORK AND OTHER MEASURES) BILL 2005

Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other

Measures) Bill 2005 No. , 2005 ii

Contents

1 Short

title ...........................................................................................1

2 Commencement.................................................................................1

3 Schedule(s) ........................................................................................5

Schedule 1--Definitions and other interpretative provisions

Part 1--Amendments commencing on 1 July 2006

Social Security Act 1991

Part 2--Amendments commencing on 20 September 2006

Social Security Act 1991

Part 3--Miscellaneous

Schedule 2--Disability support pension

Part 1--Participation

Social Security Act 1991

Part 2--Seasonal work preclusion period

Social Security Act 1991

Part 3--Approved program of work supplement

Social Security Act 1991

Schedule 3--Carer payment

Social Security Act 1991

Schedule 4--Parenting payment

Part 1--Participation

Social Security Act 1991

Part 2--Compliance

Social Security Act 1991

Part 3--Seasonal work preclusion period

Social Security Act 1991

Schedule 5--Youth allowance

Part 1--RapidConnect

Social Security Act 1991

iii Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other

Measures) Bill 2005 No. , 2005

Part 2--Participation

Social Security Act 1991

Part 3--Compliance

Social Security Act 1991

Schedule 6--Austudy payment

Part 1--Compliance

Social Security Act 1991

Part 2--Seasonal work preclusion period

101

Social Security Act 1991

101

Schedule 7--Newstart allowance

103

Part 1--RapidConnect

103

Social Security Act 1991

103

Part 2--Participation

105

Social Security Act 1991

105

Part 3--Compliance

123

Social Security Act 1991

123

Part 4--Consequential amendment

133

Social Security Act 1991

133

Schedule 8--Employment entry payment

134

Social Security Act 1991

134

Schedule 9--Sickness allowance

141

Social Security Act 1991

141

Schedule 10--Special benefit

143

Part 1--Participation

143

Social Security Act 1991

143

Part 2--Compliance

155

Social Security Act 1991

155

Part 3--Rate of special benefit

165

Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other

Measures) Bill 2005 No. , 2005 iv

Social Security Act 1991

165

Schedule 11--Mobility allowance

166

Social Security Act 1991

166

Schedule 12--Advance payments of benefit PP (partnered)

173

Social Security Act 1991

173

Schedule 13--Pensioner education supplement

175

Social Security Act 1991

175

Schedule 14--Telephone allowance

178

Part 1--Amendments commencing on Royal Assent

178

Social Security Act 1991

178

Part 2--Amendments commencing on 1 July 2006

181

Social Security Act 1991

181

Schedule 15--Concession cards

184

Social Security Act 1991

184

Schedule 16--Pension Rate Calculators

188

Part 1--Amendment of Pension Rate Calculator A

188

Social Security Act 1991

188

Part 2--Amendment of Pension Rate Calculator D

194

Social Security Act 1991

194

Schedule 17--Youth Allowance Rate Calculator

200

Part 1--Income test

200

Social Security Act 1991

200

Part 2--Maximum basic rate

202

Social Security Act 1991

202

Part 3--Pharmaceutical allowance

203

Social Security Act 1991

203

Part 4--Youth disability supplement

204

Social Security Act 1991

204

v Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other

Measures) Bill 2005 No. , 2005

Part 5--Exemption from parental means test

206

Social Security Act 1991

206

Part 6--Income maintenance periods

207

Social Security Act 1991

207

Schedule 18--Austudy Payment Rate Calculator

210

Part 1--Income test

210

Social Security Act 1991

210

Part 2--Income maintenance periods

211

Social Security Act 1991

211

Schedule 19--Benefit Rate Calculator B

214

Part 1--Income test

214

Social Security Act 1991

214

Part 2--Maximum basic rate for certain newstart allowance

recipients

215

Social Security Act 1991

215

Part 3--Pharmaceutical allowance

217

Social Security Act 1991

217

Part 4--Income maintenance periods

218

Social Security Act 1991

218

Schedule 20--Parenting Payment Rate Calculators

221

Part 1--Income test

221

Social Security Act 1991

221

Part 2--Income maintenance periods

222

Social Security Act 1991

222

Schedule 21--Overpayments and debt recovery

227

Social Security Act 1991

227

Schedule 22--Administration

229

Part 1--RapidConnect

229

Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other

Measures) Bill 2005 No. , 2005 vi

Social Security (Administration) Act 1999

229

Part 2--Disability support pension

231

Social Security (Administration) Act 1999

231

Part 3--Participation

237

Social Security (Administration) Act 1999

237

Part 4--Compliance

238

Social Security (Administration) Act 1999

238

Part 5--Information exchange

245

Social Security (Administration) Act 1999

245

Part 6--Seasonal work preclusion period

248

Social Security (Administration) Act 1999

248

Schedule 23--Other amendments

249

Disability Services Act 1986

249

Family and Community Services Legislation Amendment (Australians

Working Together and other 2001 Budget Measures) Act 2003

250

Social Security Act 1991

250

Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other

Measures) Bill 2005 No. , 2005 1

A Bill for an Act to amend the social security law,

and for other purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Employment and Workplace Relations

Legislation Amendment (Welfare to Work and Other Measures) Act

2005.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

2 Employment and Workplace Relations Legislation Amendment (Welfare to Work and

Other Measures) Bill 2005 No. , 2005

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 to 3

and anything in this

Act not elsewhere

covered by this

table

The day on which this Act receives the

Royal Assent.

2. Schedule 1,

Part 1

1 July 2006.

1 July 2006

3. Schedule 1,

Part 2

20 September 2006.

20 September 2006

4. Schedule 1,

Part 3

Immediately after the commencement of

Schedule 1 to the Workplace Relations

Amendment (Work Choices) Act 2005.

5. Schedule 2,

Part 1

1 July 2006.

1 July 2006

6. Schedule 2,

Part 2

20 September 2006.

20 September 2006

7. Schedule 2,

Part 3

1 July 2006.

1 July 2006

8. Schedule 3

20 September 2006.

20 September 2006

9. Schedule 4,

Parts 1 and 2

1 July 2006.

1 July 2006

10. Schedule 4,

Part 3

20 September 2006.

20 September 2006

11. Schedule 5,

Part 1

The day on which this Act receives the

Royal Assent.

12. Schedule 5,

items 3 to 14

1 July 2006.

1 July 2006

13. Schedule 5,

item 15

Immediately after the commencement of

Schedule 1 to the Workplace Relations

Amendment (Work Choices) Act 2005.

14. Schedule 5,

items 16 to 44

1 July 2006.

1 July 2006

15. Schedule 5,

Part 3

1 July 2006.

1 July 2006

16. Schedule 6

Part 1

1 July 2006.

1 July 2006

Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other

Measures) Bill 2005 No. , 2005 3

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

17. Schedule 6

Part 2

20 September 2006.

20 September 2006

18. Schedule 7,

Part 1

The day on which this Act receives the

Royal Assent.

19. Schedule 7,

items 3 to 27

1 July 2006.

1 July 2006

20. Schedule 7,

item 28

Immediately after the commencement of

Schedule 1 to the Workplace Relations

Amendment (Work Choices) Act 2005.

21. Schedule 7,

items 29 to 72

1 July 2006.

1 July 2006

22. Schedule 7,

Parts 3 and 4

1 July 2006.

1 July 2006

23. Schedule 8

1 July 2006.

1 July 2006

24. Schedule 9

20 September 2006.

20 September 2006

25. Schedule 10,

items 1 to 10

1 July 2006.

1 July 2006

26. Schedule 10,

item 11

Immediately after the commencement of

Schedule 1 to the Workplace Relations

Amendment (Work Choices) Act 2005.

27. Schedule 10,

items 12 to 42

1 July 2006.

1 July 2006

28. Schedule 10,

Parts 2 and 3

1 July 2006.

1 July 2006

29. Schedule 11

1 July 2006.

1 July 2006

30. Schedule 12

20 September 2006.

20 September 2006

31. Schedule 13

1 July 2006.

1 July 2006

32. Schedule 14,

Part 1

The day on which this Act receives the

Royal Assent.

33. Schedule 14,

Part 2

1 July 2006.

1 July 2006

34. Schedule 15

1 July 2006.

1 July 2006

35. Schedule 16

20 September 2006.

20 September 2006

36. Schedule 17,

Parts 1 to 5

1 July 2006.

1 July 2006

4 Employment and Workplace Relations Legislation Amendment (Welfare to Work and

Other Measures) Bill 2005 No. , 2005

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

37. Schedule 17,

Part 6

20 September 2006.

20 September 2006

38. Schedule 18,

Part 1

1 July 2006.

1 July 2006

39. Schedule 18,

Part 2

20 September 2006.

20 September 2006

40. Schedule 19,

Parts 1 to 3

1 July 2006.

1 July 2006

41. Schedule 19,

Part 4

20 September 2006.

20 September 2006

42. Schedule 20,

Part 1

1 July 2006.

1 July 2006

43. Schedule 20,

Part 2

20 September 2006.

20 September 2006

44. Schedule 21

1 July 2006.

1 July 2006

45. Schedule 22,

Part 1

The day on which this Act receives the

Royal Assent.

46. Schedule 22,

Parts 2 to 4

1 July 2006.

1 July 2006

47. Schedule 22,

Part 5

The day on which this Act receives the

Royal Assent.

48. Schedule 22,

Part 6

20 September 2006.

20 September 2006

49. Schedule 23,

items 1 to 5

1 July 2006.

1 July 2006

50. Schedule 23,

items 6 and 7

The day on which this Act receives the

Royal Assent.

Note:

This table relates only to the provisions of this Act as originally

passed by the Parliament and assented to. It will not be expanded to

deal with provisions inserted in this Act after assent.

(2) Column 3 of the table contains additional information that is not

part of this Act. Information in this column may be added to or

edited in any published version of this Act.

Schedule 1 Definitions and other interpretative provisions

Part 1 Amendments commencing on 1 July 2006

6 Employment and Workplace Relations Legislation Amendment (Welfare to Work and

Other Measures) Bill 2005 No. , 2005

Schedule 1--Definitions and other

interpretative provisions

Part 1--Amendments commencing on 1 July 2006

Social Security Act 1991

1 Subsection 5(1)

Insert:

principal carer, of a child, has the meaning given by

subsections (15) to (24).

2 At the end of subsection 5(2)

Add:

Note:

For paragraph (a), see also subsection (16).

3 At the end of section 5

Add:

Principal carer

(15) A person is the principal carer of a child if:

(a) the child is a dependent child of the person; and

(b) the child has not turned 16.

Note:

The definition of dependent child in subsection (2) requires:

(a)

the adult to be legally responsible (whether alone or jointly with

another person) for the day-to-day care, welfare and development

of the child: subsection (16) deals with the circumstances in

which a step-parent is taken to have such legal responsibility; and

(b)

a child to be in an adult's care: subsection (17) deals with the

circumstances in which a child is taken to remain in an adult's

care.

(16) For the purpose of determining whether a person is the principal

carer of a child, the person is taken to be legally responsible

(whether alone or jointly with another person) for the day-to-day

care, welfare and development of the child if:

(a) the person is the step-parent of the child; and

Definitions and other interpretative provisions Schedule 1

Amendments commencing on 1 July 2006 Part 1

Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other

Measures) Bill 2005 No. , 2005 7

(b) the person is living with the child and a parent of the child;

and

This subsection does not, by implication, affect the determination

of whether a person is taken to be legally responsible (whether

alone or jointly with another person) for the day-to-day care,

welfare and development of a child in cases to which this

subsection does not apply.

(17) For the purpose of determining whether a person is the principal

carer of a child, the child is taken to remain in the person's care if:

(a) at the start of a period not exceeding 8 weeks, the child

leaves the person's care; and

(b) throughout the period, the child is the dependent child of

another person; and

will return, to the first person's care at the end of the period.

This subsection does not, by implication, affect the determination

of whether a child is in the care of a person in cases to which this

subsection does not apply (for example, if the period exceeds 8

weeks).

(18) Only one person at a time can be the principal carer of a particular

child.

(19) If the Secretary is satisfied that, but for subsection (18), 2 or more

persons (adults) would be principal carers of the same child, the

Secretary must:

(a) make a written determination specifying one of the adults as

the principal carer of the child; and

(b) give a copy of the determination to each adult.

(20) The Secretary may make the determination even if all the adults

have not claimed a social security payment that is based on, or

would be affected by, the adult being the principal carer of the

child.

(21) If a child:

(a) leaves Australia temporarily; and

(b) continues to be absent from Australia for more than 13

weeks;

Schedule 1 Definitions and other interpretative provisions

Part 1 Amendments commencing on 1 July 2006

8 Employment and Workplace Relations Legislation Amendment (Welfare to Work and

Other Measures) Bill 2005 No. , 2005

a person cannot be the principal carer of the child at any time after

the 13 weeks while the child remains absent from Australia unless,

at that time:

of Part 4.2 applies; and

(d) but for this subsection, the person would be the principal

carer of the child; and

(e) the person's portability period (within the meaning of that

Division) for a social security payment:

(i) that the person was receiving immediately before the

person's absence from Australia; or

(ii) the person's claim for which was granted during the

absence;

has not ended.

(22) For the purposes of subsection (21), in determining if an absence is

temporary, regard must be had to the following factors:

(a) the purpose of the absence;

(b) the intended duration of the absence;

(23) If a child:

(a) is born outside Australia; and

(b) continues to be absent from Australia for a period of more

than 13 weeks immediately following the child's birth;

a person cannot be the principal carer of the child at any time after

the 13 weeks while the child remains absent from Australia unless,

at that time:

of Part 4.2 applies; and

(d) but for this subsection, the person would be the principal

carer of the child; and

(e) the person's portability period (within the meaning of that

Division) for a social security payment:

(i) that the person was receiving immediately before the

person's absence from Australia; or

(ii) the person's claim for which was granted during the

absence;

has not ended.

Definitions and other interpretative provisions Schedule 1

Amendments commencing on 1 July 2006 Part 1

Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other

Measures) Bill 2005 No. , 2005 9

(24)

If:

(a) a person is not the principal carer of a child because of

subsection (21) (absence from Australia) or (23) (birth

outside Australia), or because of a previous application of

this subsection; and

(b) the child comes to Australia; and

a person cannot be the principal carer of the child when the child

leaves Australia as mentioned in paragraph (c).

4 After section 5A

Insert:

5B Registered and active foster carers

(1) A person is a registered and active foster carer if the Secretary is

satisfied that:

(a) the person meets the requirements (if any) of the law of the

State or Territory in which the person resides that the person

must meet in order to be permitted, under the law of that

State or Territory, to provide foster care in that State or

Territory; and

(b) the person is taken, in accordance with guidelines made

under subsection (2), to be actively involved in providing

foster care in that State or Territory.

(2) The Secretary may, by legislative instrument, make guidelines

setting out the circumstances in which persons are taken, for the

purposes of the social security law, to be actively involved in

providing foster care in that State or Territory.

5C Home educators

A person is a home educator of a child if the Secretary is satisfied

that:

(a) the child is receiving, in the person's home, education that

wholly or substantially replaces the education that the child

would otherwise receive by attending a school; and

(b) the person meets the requirements (if any) of the law of the

State or Territory in which the person resides that the person

Schedule 1 Definitions and other interpretative provisions

Part 1 Amendments commencing on 1 July 2006

10 Employment and Workplace Relations Legislation Amendment (Welfare to Work and

Other Measures) Bill 2005 No. , 2005

must meet in order to be permitted, under the law of that

State or Territory, to provide that education to the child; and

that education.

5D Distance educators

A person is a distance educator of a child if the Secretary is

satisfied that:

(a) the child is enrolled to receive education by undertaking a

distance education curriculum; and

(b) the child is undertaking that curriculum; and

the child in relation to that curriculum.

5 Subsection 7(7)

Omit "subparagraph 593(1)(g)(ii)", substitute "subparagraphs

593(1)(g)(ii) and 593(1D)(b)(ii)".

6 After section 16A

Insert:

16B Partial capacity to work

(1) A person has a partial capacity to work if:

(a) the person has a physical, intellectual or psychiatric

impairment; and

(b) the Secretary is satisfied that:

(i) the impairment of itself prevents the person from doing

30 hours per week of work independently of a program

of support within the next 2 years; and

(ii) no training activity is likely (because of the impairment)

to enable the person to do 30 hours per week of work

independently of a program of support within the next 2

years.

(2) A person is treated as doing work independently of a program of

support if the Secretary is satisfied that to do the work the person:

(a) is unlikely to need a program of support that:

Definitions and other interpretative provisions Schedule 1

Amendments commencing on 1 July 2006 Part 1

Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other

Measures) Bill 2005 No. , 2005 11

(i) is designed to assist the person to prepare for, find or

maintain work; and

(ii) is funded (wholly or partly) by the Commonwealth or is

of a type that the Secretary considers is similar to a

program of support that is funded (wholly or partly) by

the Commonwealth; or

(b) is likely to need such a program of support provided

occasionally; or

ongoing.

(3) In deciding whether he or she is satisfied as mentioned in

paragraph (1)(b), the Secretary is to have regard to the guidelines

(if any) determined and in force under subsection (4).

(4) The Secretary may, by legislative instrument, determine guidelines

to be complied with in deciding whether he or she is satisfied as

mentioned in paragraph (1)(b).

(5) In this section:

30 hours per week of work means work:

(a) that is for at least 30 hours per week at award wages or

above; and

(b) that exists in Australia, even if not within the person's locally

accessible labour market.

training activity means one or more of the following activities,

whether or not the activity is designed specifically for people with

physical, intellectual or psychiatric impairments:

(a)

education;

(b)

pre-vocational

training;

(c)

vocational

training;

(d)

vocational

rehabilitation;

(e) work-related training (including on-the-job training).

7 Subsection 23(1) (before paragraph (a) of the definition of

approved program of work supplement)

Insert:

(aa) an amount under section 118 to a person receiving disability

support pension; or

Schedule 1 Definitions and other interpretative provisions

Part 1 Amendments commencing on 1 July 2006

12 Employment and Workplace Relations Legislation Amendment (Welfare to Work and

Other Measures) Bill 2005 No. , 2005

8 Subsection 23(1)

Insert:

austudy participation failure has the meaning given by

section 576.

9 Subsection 23(1) (definition of CSP)

Repeal the definition.

10 Subsection 23(1)

Insert:

distance educator has the meaning given by section 5D.

11 Subsection 23(1)

Insert:

home educator has the meaning given by section 5C.

12 Subsection 23(1)

Insert:

newstart participation failure has the meaning given by

section 624.

13 Subsection 23(1)

Insert:

Parenting Payment Activity Agreement has the meaning given by

subsection 501(6).

14 Subsection 23(1)

Insert:

parenting payment participation failure has the meaning given by

section 500ZA.

15 Subsection 23(1)

Insert:

partial capacity to work has the meaning given by section 16B.

Definitions and other interpretative provisions Schedule 1

Amendments commencing on 1 July 2006 Part 1

Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other

Measures) Bill 2005 No. , 2005 13

16 Subsection 23(1)

Insert:

participation failure instalment period:

(a) in relation to the payability of parenting payment--has the

meaning given by subsection 500ZB(3); and

(b) in relation to the payability of youth allowance--has the

meaning given by subsection 550B(3); and

meaning given by subsection 576A(3); and

(d) in relation to the payability of newstart allowance--has the

meaning given by subsection 626(3); and

(e) in relation to the payability of special benefit--has the

meaning given by subsection 742(3).

17 Subsection 23(1)

Insert:

registered and active foster carer has the meaning given by

section 5B.

18 Subsection 23(1)

Insert:

Reserves means:

(a) the Naval Reserve; or

(b) the Army Reserve; or

19 Subsection 23(1) (paragraph (e) of the definition of social

security entitlement)

Repeal the paragraph, substitute:

(e) a parenting payment; or

20 Subsection 23(1)

Insert:

special benefit participation failure has the meaning given by

section 740.

Schedule 1 Definitions and other interpretative provisions

Part 1 Amendments commencing on 1 July 2006

14 Employment and Workplace Relations Legislation Amendment (Welfare to Work and

Other Measures) Bill 2005 No. , 2005

21 Subsection 23(1)

Insert:

subject to participation requirements: a person is subject to

participation requirements if, because of paragraph 500(1)(c) or

500F(1)(f) or (2)(f), the person cannot be qualified for parenting

payment unless the person meets any participation requirements

that apply to the person under section 500A.

Note:

Subsection 500F(4) limits the circumstances in which paragraph

500F(1)(f) or (2)(f) applies.

22 Subsection 23(1)

Insert:

transitional DSP applicant means a person:

(a) who made a claim for a disability support pension on or after

11 May 2005 and before 1 July 2006; and

(b) to whom, on or after 1 July 2006, a notice under subsection

63(2) or 64(2) of the Administration Act is given; and

activity for the purpose of reviewing his or her capacity to

perform work.

23 Subsection 23(1)

Insert:

youth allowance participation failure has the meaning given by

section 550.

24 Paragraphs 28(2)(a) and (b)

After "under 21", insert "and subsection (4) does not apply to them".

25 At the end of subsection 28(2)

Add:

; and (c) if subsection (4) applies to the persons--more than 50 hours

for each fortnight of their respective participation in the

program.

26 At the end of section 28

Add:

Definitions and other interpretative provisions Schedule 1

Amendments commencing on 1 July 2006 Part 1

Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other

Measures) Bill 2005 No. , 2005 15

(4) This subsection applies to a person if:

(a) the person is under 60; and

(b) the Secretary determines that the person is a person to whom

this subsection applies.

(5) The Secretary may determine either one or both of the following

by legislative instrument:

(a) matters that the Secretary is to take into account in making a

determination under paragraph (4)(b);

(b) matters that the Secretary is not to take into account in

making a determination under paragraph (4)(b).

(6) A determination under subsection (5) does not, to the extent that it

is a determination under paragraph (5)(a), limit the matters that the

Secretary may take into account in making a determination under

paragraph (4)(b).

Schedule 1 Definitions and other interpretative provisions

Part 2 Amendments commencing on 20 September 2006

16 Employment and Workplace Relations Legislation Amendment (Welfare to Work and

Other Measures) Bill 2005 No. , 2005

Part 2--Amendments commencing on 20 September

2006

Social Security Act 1991

27 Subsection 16A(1) (after paragraph (a) of the definition of

seasonal work)

Insert:

(aa)

work:

(i) that is intermittent; and

(ii) that is to be performed for a period of less than 12

months; and

(iii) that is to be performed for a specified period or a period

that can reasonably be calculated by reference to the

completion of a specified task; and

(iv) for which the person performing the work does not

accrue leave entitlements; or

28 After subsection 16A(1)

Insert:

(1A) Paragraph (aa) of the definition of seasonal work in subsection (1)

does not apply to a person undertaking seasonal work if the person

was receiving income support payments (whether or not the kind of

payment received has changed over the period and whether any

part of it occurred before or after the commencement of this

section) in respect of a continuous period exceeding 12 months

immediately before the person commenced the seasonal work.

29 Paragraph 16A(3)(b)

Omit "or special benefit", substitute ", special benefit, parenting

payment, disability support pension, sickness allowance, carer payment

or austudy payment".

30 Paragraph 16A(4)(b)

Omit "or special benefit", substitute ", special benefit, disability support

pension, sickness allowance, carer payment or austudy payment".

Definitions and other interpretative provisions Schedule 1

Amendments commencing on 20 September 2006 Part 2

Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other

Measures) Bill 2005 No. , 2005 17

31 Subsection 19C(2)

After "special benefit", insert ", disability support pension, carer

payment".

32 Subsection 19C(2)

After "payment, benefit", insert ", pension".

33 Subsection 19C(3)

After "special benefit", insert ", disability support pension, carer

payment".

34 Subsection 19C(3)

After "payment, benefit", insert ", pension".

35 Before paragraph 19C(8)(a)

Insert:

(aa) in relation to disability support pension--means the rate

worked out at:

(i) Step 4 of the Method statement in Module A of Pension

Rate Calculator A; or

(ii) Step 5 of the Method statement in Module A of Pension

Rate Calculator D; or

(ab) in relation to carer payment--means the rate worked out at

Step 4 of the Method statement in Module A of Pension Rate

Calculator A; or

36 Subsection 23(1) (definition of income maintenance

period)

After "has the meaning given in points", insert "1064-F4 and 1064-F5,

1066A-G4 and 1066A-G5,".

Disability support pension Schedule 2

Participation Part 1

Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other

Measures) Bill 2005 No. , 2005 19

Schedule 2--Disability support pension

Part 1--Participation

Social Security Act 1991

1 At the end of subsection 94(1)

Add:

; and (f) the person is not qualified for disability support pension

under section 94A.

2 Subsection 94(2)

Repeal the subsection, substitute:

(2) A person has a continuing inability to work because of an

impairment if the Secretary is satisfied that:

(a) the impairment is of itself sufficient to prevent the person

from doing any work independently of a program of support

within the next 2 years; and

(b)

either:

(i) the impairment is of itself sufficient to prevent the

person from undertaking a training activity during the

next 2 years; or

(ii) if the impairment does not prevent the person from

undertaking a training activity--such activity is unlikely

(because of the impairment) to enable the person to do

any work independently of a program of support within

the next 2 years.

Note: For

work see subsection (5).

3 Paragraph 94(3)(a)

Omit "educational or vocational training or on-the-job training",

substitute "a training activity".

4 Paragraph 94(3)(b)

Omit "if subsection (4) does not apply to the person--".

5 Subsection 94(4)

Schedule 2 Disability support pension

Part 1 Participation

20 Employment and Workplace Relations Legislation Amendment (Welfare to Work and

Other Measures) Bill 2005 No. , 2005

Repeal the subsection, substitute:

(4) A person is treated as doing work independently of a program of

support if the Secretary is satisfied that to do the work the person:

(a) is unlikely to need a program of support that:

(i) is designed to assist the person to prepare for, find or

maintain work; and

(ii) is funded (wholly or partly) by the Commonwealth or is

of a type that the Secretary considers is similar to a

program of support that is funded (wholly or partly) by

the Commonwealth; or

(b) is likely to need such a program of support provided

occasionally; or

ongoing.

6 Subsection 94(5) (definition of educational or vocational

training)

Repeal the definition.

7 Subsection 94(5) (definition of on-the-job training)

Repeal the definition.

8 Subsection 94(5)

Insert:

training activity means one or more of the following activities,

whether or not the activity is designed specifically for people with

physical, intellectual or psychiatric impairments:

(a)

education;

(b)

pre-vocational

training;

(c)

vocational

training;

(d)

vocational

rehabilitation;

(e) work-related training (including on-the-job training).

9 Subsection 94(5) (paragraph (a) of the definition of work)

Omit "30", substitute "15".

10 After section 94

Disability support pension Schedule 2

Participation Part 1

Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other

Measures) Bill 2005 No. , 2005 21

Insert:

94A Qualification for disability support pension--person

transferring to that pension

Qualification

(1) Subject to subsections (6) and (7), a person is qualified for a

disability support pension if:

(a)

either:

(i) on or after 1 July 2006, the Secretary considered or

reviewed the person's capacity to work in connection

with a social security benefit or social security

entitlement; or

(ii) if the person has previously qualified for disability

support pension under this section--the Secretary last

considered or reviewed the person's capacity to work in

connection with a social security benefit or social

security entitlement; and

(b) as at the date of that consideration or review, the Secretary

was satisfied that the person had a current inability to work

because of a physical, intellectual or psychiatric impairment;

and

(c)

immediately

before

qualifying for disability support pension

under this section, the person was receiving a social security

benefit or a social security entitlement (other than a disability

support pension); and

(d) the person has a physical, intellectual or psychiatric

impairment that is 20 points or more under the Impairment

Tables; and

Note: For

Impairment

Tables see subsection 23(1) and Schedule 1B.

(e) after the end of a period of at least 2 years (the 2 year period)

since the date of the consideration or review, the Secretary

reviews the person's capacity to work (the 2 year review) in

connection with the benefit or entitlement referred to in

paragraph (c); and

(f) the 2 year review is the first review, after the end of the 2

year period, of the person's capacity to work in connection

with that benefit or entitlement; and

Schedule 2 Disability support pension

Part 1 Participation

22 Employment and Workplace Relations Legislation Amendment (Welfare to Work and

Other Measures) Bill 2005 No. , 2005

(g) the Secretary is satisfied that the person has a current

inability to work because of the impairment mentioned in

paragraph (d); and

(h) the person has been receiving a social security benefit or a

social security entitlement in respect of a continuous period

between the date of the consideration or review and the date

of the 2 year review (whether or not the kind of payment

received has changed over the period); and

Note:

For the determination of whether a person received income

support payments in respect of a continuous period of at least 12

months see section 38B.

(i)

either:

(i) the person undertook such training activities during the

2 year period as were required under an agreement with

the Secretary; or

(ii) if the person was not required (whether under an

agreement with the Secretary or not) to undertake

training activities during the 2 year period--the person

undertook during that period the type and number of

training activities that the Secretary considers were

appropriate for the person; and

(j) the person meets the residency test in subsection (5); and

(k) the person has turned 16.

(2) A person has a current inability to work because of an impairment

if the Secretary is satisfied that the impairment is of itself sufficient

to prevent the person from doing any work independently of a

program of support.

Note: For

work see subsection (8).

(3) A person is treated as doing work independently of a program of

support if the Secretary is satisfied that to do the work the person:

(a) is unlikely to need a program of support that:

(i) is designed to assist the person to prepare for, find or

maintain work; and

(ii) is funded (wholly or partly) by the Commonwealth or is

of a type that the Secretary considers is similar to a

program of support that is funded (wholly or partly) by

the Commonwealth; or

(b) is likely to need such a program of support provided

occasionally; or

Disability support pension Schedule 2

Participation Part 1

Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other

Measures) Bill 2005 No. , 2005 23

ongoing.

(4) In deciding whether or not a person has a current inability to work

because of an impairment, the Secretary is not to have regard to the

availability to the person of work in the person's locally accessible

labour market.

(5) A person meets the residency test if the person:

(a) is an Australian resident at the time when the person first

satisfies paragraph (1)(b); or

(b) has 10 years qualifying Australian residence, or has a

qualifying residence exemption for a disability support

pension; or

first satisfies paragraph (1)(b), the person:

(i) is not an Australian resident; and

(ii) is a dependent child of an Australian resident;

and the person becomes an Australian resident while a

dependent child of an Australian resident.

Note:

For Australian resident, qualifying Australian residence and qualifying

residence exemption see section 7.

Person not qualified in certain circumstances

(6) A person is not qualified for a disability support pension on the

basis of a current inability to work if the person brought about the

inability with a view to obtaining:

(a) a disability support pension or a sickness allowance; or

(b) an exemption, because of the person's incapacity, from the

requirement to satisfy the activity test for the purposes of a

social security benefit or a social security entitlement (other

than a disability support pension).

Note:

A person who is receiving a disability support pension may be

automatically transferred to the age pension if the person becomes

qualified for the age pension (see section 12 of the Administration

Act).

When person ceases to be qualified

(7) Unless ceasing to be qualified for a disability support pension

under this section sooner, a person ceases to be so qualified from

Schedule 2 Disability support pension

Part 1 Participation

24 Employment and Workplace Relations Legislation Amendment (Welfare to Work and

Other Measures) Bill 2005 No. , 2005

the date of effect of the first decision about the person's capacity to

work following a review of that capacity.

Definitions

(8) In this section:

training activity means one or more of the following activities,

whether or not the activity is designed specifically for people with

physical, intellectual or psychiatric impairments:

(a)

education;

(b)

pre-vocational

training;

(c)

vocational

training;

(d)

vocational

rehabilitation;

(e) work-related training (including on-the-job training).

work means work:

(a) that is for at least 15 hours per week at award wages or

above; and

(b) that exists in Australia, even if not within the person's locally

accessible labour market.

11 Paragraph 729(2A)(a)

After "94", insert ", 94A".

12 Paragraph 1061ZD(2)(b)

Omit "30", substitute "15".

13 Application and transitional provisions

(1)

The amendments of the Social Security Act 1991 made by this Part

apply in relation to any claim, and any payment of pension as a result of

such a claim, by a person for a disability support pension made on or

after 1 July 2006.

(2)

Subject to subitem (3), the Social Security Act 1991 applies to any claim

by a person for a disability support pension made before 1 July 2006,

and any payment of pension as a result of such a claim, as if the

amendments referred to in subitem (1) had not been made.

(3) If:

Disability support pension Schedule 2

Participation Part 1

Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other

Measures) Bill 2005 No. , 2005 25

(a) on or after 1 July 2006, a notice under subsection 63(2) or

64(2) of the Administration Act is given to a person who

made a claim for a disability support pension on or after

11 May 2005 and before 1 July 2006; and

(b) under the notice, the person is required to undertake a

specified activity for the purpose of reviewing his or her

capacity to perform work;

then the amendments of the Social Security Act 1991 referred to in

subitem (1) apply to the person from the date of the notice.

Schedule 2 Disability support pension

Part 2 Seasonal work preclusion period

26 Employment and Workplace Relations Legislation Amendment (Welfare to Work and

Other Measures) Bill 2005 No. , 2005

Part 2--Seasonal work preclusion period

Social Security Act 1991

14 At the end of Subdivision B of Division 1 of Part 2.3 of

Chapter 2

Add:

104 Seasonal workers--preclusion period

(1) This section applies if:

(a) a person has lodged a claim for disability support pension;

and

(b) the person qualifies, under section 94, for disability support

pension; and

on which the person lodged the claim, the person, or the

person's partner, has been engaged in seasonal work.

Note: For

seasonal work see subsection 16A(1).

(2) Disability support pension is not payable to the person:

(a) if the person is subject to a seasonal work preclusion period

(whether in relation to the claim referred to in subsection (1)

or any other claim under this Act) and the Secretary has not

made a determination under subsection (3) in relation to the

person--for the person's seasonal work preclusion period; or

(b) if the Secretary has made a determination under

subsection (3) in relation to the person--for that part (if any)

of the person's seasonal work preclusion period to which the

person is subject as a result of the determination.

Note: For

seasonal work preclusion period see subsection 16A(1).

(3) If the Secretary is satisfied that a person is in severe financial

hardship because the person has incurred unavoidable or

reasonable expenditure while the person is subject to a seasonal

work preclusion period (whether in relation to the claim referred to

in subsection (1) or any other claim under this Act):

Disability support pension Schedule 2

Seasonal work preclusion period Part 2

Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other

Measures) Bill 2005 No. , 2005 27

(a) the Secretary may determine that the person is not subject to

the whole, or any part, of the preclusion period; and

(b) the determination has effect accordingly.

Note 1:

For in severe financial hardship see subsection 19C(2) (person who

is not a member of a couple) or subsection 19C(3) (person who is a

member of a couple).

Note 2:

For unavoidable or reasonable expenditure see subsection 19C(4).

15 Application provision

The amendment made by this Part applies in relation to claims for

disability support pension made on or after 20 September 2006.

Schedule 2 Disability support pension

Part 3 Approved program of work supplement

28 Employment and Workplace Relations Legislation Amendment (Welfare to Work and

Other Measures) Bill 2005 No. , 2005

Part 3--Approved program of work supplement

Social Security Act 1991

16 At the end of Division 5 of Part 2.3 of Chapter 2

Add:

118 Approved program of work supplement

If a person:

(a) is receiving a disability support pension; and

(b) is participating in an approved program of work for income

support payment;

the rate of the person's disability support pension is increased by

an amount of $20.80, to be known as the approved program of

work supplement, for each fortnight during which the person

participates in the program.

119 Approved program of work supplement not payable in certain

circumstances

An approved program of work supplement is not payable to a

person in respect of a fortnight if pensioner education supplement

under Part 2.24A or under ABSTUDY is payable to the person in

respect of a day in the fortnight.

120 Effect of participation in an approved program of work for

income support payment

A person is not taken to be:

(a) an employee within the meaning of section 9 of the

Occupational Health and Safety (Commonwealth

Employment) Act 1991; or

(b) an employee within the meaning of section 5 of the Safety,

Rehabilitation and Compensation Act 1988; or

Guarantee (Administration) Act 1992; or

Disability support pension Schedule 2

Approved program of work supplement Part 3

Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other

Measures) Bill 2005 No. , 2005 29

(d) an employee for the purposes of the Workplace Relations Act

1996;

merely by participating in an approved program of work for

income support payment in accordance with the terms of an

agreement with the Secretary for the purposes of this Part.

17 Subparagraph 1223(7)(b)(iv)

Before "parenting payment" (wherever occurring), insert "disability

support pension,".

Schedule 3 Carer payment

30 Employment and Workplace Relations Legislation Amendment (Welfare to Work and

Other Measures) Bill 2005 No. , 2005

Schedule 3--Carer payment

Social Security Act 1991

1 At the end of Subdivision B of Division 1 of Part 2.5 of

Chapter 2

Add:

203 Seasonal workers--preclusion period

(1) This section applies if:

(a) a person has lodged a claim for carer payment; and

(b) at any time during the 6 months immediately before the day

on which the person lodged the claim, the person, or the

person's partner, has been engaged in seasonal work.

Note: For

seasonal work see subsection 16A(1).

(2) Carer payment is not payable to the person:

(a) if the person is subject to a seasonal work preclusion period

(whether in relation to the claim referred to in subsection (1)

or any other claim under this Act) and the Secretary has not

made a determination under subsection (3) in relation to the

person--for the person's seasonal work preclusion period; or

(b) if the Secretary has made a determination under

subsection (3) in relation to the person--for that part (if any)

of the person's seasonal work preclusion period to which the

person is subject as a result of the determination.

Note: For

seasonal work preclusion period see subsection 16A(1).

(3) If the Secretary is satisfied that a person is in severe financial

hardship because the person has incurred unavoidable or

reasonable expenditure while the person is subject to a seasonal

work preclusion period (whether in relation to the claim referred to

in subsection (1) or any other claim under this Act):

(a) the Secretary may determine that the person is not subject to

the whole, or any part, of the preclusion period; and

(b) the determination has effect accordingly.

Carer payment Schedule 3

Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other

Measures) Bill 2005 No. , 2005 31

Note 1:

For in severe financial hardship see subsection 19C(2) (person who

is not a member of a couple) or subsection 19C(3) (person who is a

member of a couple).

Note 2:

For unavoidable or reasonable expenditure see subsection 19C(4).

2 Application provision

The amendment made by this Schedule applies in relation to claims for

carer payment made on or after 20 September 2006.

Schedule 4 Parenting payment

Part 1 Participation

32 Employment and Workplace Relations Legislation Amendment (Welfare to Work and

Other Measures) Bill 2005 No. , 2005

Schedule 4--Parenting payment

Part 1--Participation

Social Security Act 1991

1 Paragraph 500(1)(a)

Omit "to 500H", substitute "and 500F to 500H".

2 Paragraph 500(1)(c)

Repeal the paragraph, substitute:

does not have at least one PP child who has not turned 6--the

person meets any participation requirements that apply to the

person under section 500A; and

3 Subsection 500(4)

Repeal the subsection.

4 After section 500

Insert:

500A Participation requirements

The participation requirements are as follows:

(a) the person must enter into a Parenting Payment Activity

Agreement when the person is required by the Secretary

under section 501 to do so;

(b) while the agreement is in force the person must comply with

its terms;

be prepared to enter into another such agreement, instead of

the existing agreement, if required to do so by the Secretary

under section 501;

(d) the person must comply with any requirements that the

Secretary notifies to the person under subsection 502(1).

5 Sections 500D to 500H

Parenting payment Schedule 4

Participation Part 1

Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other

Measures) Bill 2005 No. , 2005 33

Repeal the sections, substitute:

500D PP child

(1) A child is a PP child of a person if:

(a) the child is a child of the person; and

(b) the person is a member of a couple; and

(d) the person is the principal carer of the child.

(2) A child is a PP child of a person if:

(a) the child is a child of the person; and

(b) the person is not a member of a couple; and

(d) the person is the principal carer of the child.

(3) A child is a PP child of a person if:

(a) the child is a child of the person; and

(b) the child has not turned 16; and

(d) the person is covered by the parenting payment transitional

arrangement in relation to that child or any other child (see

section 500F); and

(e) since 1 July 2006, there has not been any continuous period

of more than 12 weeks during which the person has not at

any time been covered by the parenting payment transitional

arrangement in relation to that child or any other child (see

section 500F).

Note: For

principal carer see subsections 5(15) to (24).

500E Prospective determinations for some recipients

(1) A person is qualified for parenting payment for a period

determined by the Secretary if:

(a) the person is receiving parenting payment; and

(b) the Secretary considers at the start of the period that:

(i) the person may reasonably be expected to satisfy the

qualification requirements for parenting payment (see

sections 500 to 500C) during the period; and

Schedule 4 Parenting payment

Part 1 Participation

34 Employment and Workplace Relations Legislation Amendment (Welfare to Work and

Other Measures) Bill 2005 No. , 2005

(ii) it is reasonable to expect that parenting payment will be

payable to the person for the period; and

(iii) the person will comply with the Act during the period;

and

respect of the period, the person is not indebted at the start of

the period to the Commonwealth under or as a result of this

Act; and

(d) the Secretary is satisfied that the person should be qualified

under this section for a parenting payment for the period.

(2)

The

Minister:

(a) must determine, by legislative instrument, guidelines for

making decisions under paragraph (1)(b); and

(b) may revoke or vary the determination.

If the Minister revokes a determination, the Minister must

determine, by legislative instrument, guidelines that take effect

immediately after the revocation.

6 After Subdivision A of Division 1 of Part 2.10 of Chapter 2

Insert:

Subdivision AA--Parenting payment transitional arrangement

500F When a person is covered by the parenting payment

transitional arrangement

Person is not a member of a couple

(1) Subject to subsection (3), a person is covered by the parenting

payment transitional arrangement in relation to a child if:

(a) immediately before 1 July 2006, the person was not a

member of a couple; and

(b) immediately before 1 July 2006, that child (or any other

child) was a PP child of the person in respect of whom:

(i) a determination under section 37 of the Administration

Act was in force granting a claim for a parenting

payment to the person; or

Parenting payment Schedule 4

Participation Part 1

Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other

Measures) Bill 2005 No. , 2005 35

(ii) a determination under section 80, 81 or 82 of the

Administration Act was in force suspending payment of

a parenting payment to the person; and

Note:

Section 500G expands the scope of subparagraph (i). Subsection

500G(4) deals with the effect of backdated start dates on that

subparagraph.

(d) in a case where the child has not turned 8--the person is

qualified for parenting payment in relation to the child; and

(e) in a case where the child has turned 8--the person would be

qualified for parenting payment in relation to the child if the

child had not turned 8; and

(f) the person meets any participation requirements that apply to

the person under section 500A.

Person is a member of a couple

(2) Subject to subsection (3), a person is covered by the parenting

payment transitional arrangement in relation to a child if:

(a) immediately before 1 July 2006, the person was a member of

a couple; and

(b) immediately before 1 July 2006, that child (or any other

child) was a PP child of the person in respect of whom:

(i) a determination under section 37 of the Administration

Act was in force granting a claim for a parenting

payment to the person; or

(ii) a determination under section 80, 81 or 82 of the

Administration Act was in force suspending payment of

a parenting payment to the person; and

Note:

Section 500G expands the scope of subparagraph (i). Subsection

500G(4) deals with the effect of backdated start dates on that

subparagraph.

(d) in a case where the child has not turned 6--the person is

qualified for parenting payment in relation to the child; and

(e) in a case where the child has turned 6--the person would be

qualified for parenting payment in relation to the child if the

child had not turned 6; and

(f) the person meets any participation requirements that apply to

the person under section 500A.

Schedule 4 Parenting payment

Part 1 Participation

36 Employment and Workplace Relations Legislation Amendment (Welfare to Work and

Other Measures) Bill 2005 No. , 2005

Parenting payment transitional arrangement taken never to have

covered person

(3)

If:

(a) but for this subsection, a person would be covered by the

parenting payment transitional arrangement in relation to a

child; and

(b) the Secretary determines that the person's parenting payment

is to be cancelled with effect from a day before 1 July 2006;

the person is taken never to have been covered by that

arrangement.

Circumstances in which participation requirements need not be

met

(4) Paragraph (1)(f) or (2)(f) (as the case requires) does not apply to

the person:

(a) before 1 July 2007; or

(b) while the person has a PP child who has not turned 7.

Note: For

PP child see section 500D.

500G When determinations are taken to be in force

Expanded scope of subparagraphs 500F(1)(b)(i) and (2)(b)(i)

(1) A reference in subparagraph 500F(1)(b)(i) or (2)(b)(i) to a

determination under section 37 of the Administration Act that is in

force granting a claim for a parenting payment to a person includes

a reference to a determination that:

(a) would have been made granting a claim for that payment to

the person; and

(b) would have been in force;

but for one or more of the circumstances specified in an instrument

made under subsection (2).

(2) The Secretary may specify, by legislative instrument,

circumstances to which subsection (1) applies. The Secretary may

specify different circumstances in relation to each of the

subparagraphs referred to in subsection (1).

(3) A reference in subparagraph 500F(1)(b)(i) or (2)(b)(i) to a

determination under section 37 of the Administration Act that is in

Parenting payment Schedule 4

Participation Part 1

Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other

Measures) Bill 2005 No. , 2005 37

force granting a claim for a parenting payment to a person includes

a reference to a determination that would have been in force, but

for the operation of subsection 500(4) as in force immediately

before 1 July 2006.

Backdated start date

(4)

If:

(a) a determination is made on or after 1 July 2006 under

section 37 of the Administration Act granting a claim for a

parenting payment to a person; and

(b) the person's start date in relation to the payment is before

1 July 2006; and

is to be cancelled with effect from a day before 1 July 2006;

the determination is taken, for the purposes of subparagraph

500F(1)(b)(i) or (2)(b)(i), to have been in force immediately before

1 July 2006.

500H The effect of cancellation

(1) A reference in paragraph 500F(1)(d) or (e) or (2)(d) or (e) to a

person being qualified for parenting payment does not include a

reference to a person if:

(a) the person's parenting payment has been cancelled; and

(b) no determination is in force granting another claim for

parenting payment to the person.

(2) A reference in subsection (1) to the cancellation of a person's

parenting payment does not include a reference to a cancellation of

that payment because of one or more of the circumstances

specified in an instrument made under subsection (3).

(3) The Secretary may, by legislative instrument, specify

circumstances to which subsection (1) applies. The Secretary may

specify different circumstances in relation to one or more of the

paragraphs referred to in subsection (1).

(4) For the purposes of paragraph (1)(b), a determination granting

another claim for parenting payment to a person is taken to be in

force from the person's start date in relation to that parenting

payment.

Schedule 4 Parenting payment

Part 1 Participation

38 Employment and Workplace Relations Legislation Amendment (Welfare to Work and

Other Measures) Bill 2005 No. , 2005

7 Division 2 of Part 2.10 of Chapter 2

Repeal the Division, substitute:

Division 2--Parenting Payment Activity Agreements

501 Parenting Payment Activity Agreements

(1) The Secretary may require a person who is subject to participation

requirements to enter into a Parenting Payment Activity Agreement

under this section.

Note:

For when a person is subject to participation requirements see

subsection 23(1).

(2) The Secretary may require a person who is a party to a Parenting

Payment Activity Agreement under this section that is in force to

enter into another such agreement instead of the existing one.

(3) Subject to subsection (4), subsections (1 ) and (2) do not apply to a

person at any time during which the person is covered by a

participation exemption under Division 3A.

(4) If a person is covered by a participation exemption under

Division 3A only because of the application of section 502H,

subsections (1) and (2) apply to the person only if subsection

502J(1) applies to the person.

(5) The Secretary is to give a person who is required to enter into a

Parenting Payment Activity Agreement notice of:

(a) the requirement; and

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

negotiated.

(6) A Parenting Payment Activity Agreement is a written agreement in

a form approved by the Secretary. The agreement is between the

person and the Secretary.

501A Parenting Payment Activity Agreement--terms

(1) Subject to subsections (2) and (3) and sections 501B to 501E, a

Parenting Payment Activity Agreement with a person is to require

the person to undertake one or more activities that the Secretary

regards as suitable for the person.

Parenting payment Schedule 4

Participation Part 1

Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other

Measures) Bill 2005 No. , 2005 39

(2) If a Parenting Payment Activity Agreement requires a person,

during a period, to engage for at least 30 hours per fortnight in paid

work that the Secretary regards as suitable, the agreement must not

require the person to undertake any other activities.

(3) An agreement must not contain a requirement of a kind that the

Secretary determines under subsection (4).

(4) The Secretary may determine, by legislative instrument, kinds of

requirements that agreements must not contain.

(5) 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.

(6) 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.

(7) In having regard to a person's capacity to comply with an

agreement, the Secretary is to take into account, but is not limited

to, the following matters:

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

(b) the impact of any disability, illness, mental condition or

physical condition of the person on the person's ability to

work, to look for work or to participate in training activities;

available to the person in accessing that market;

(d) the participation opportunities available to the person;

(e) the family and caring responsibilities of the person;

(f) the length of travel time required for compliance with the

agreement;

(g) the financial costs of compliance with the agreement, such as

travel costs, and the capacity to pay for such compliance;

(h) any other matters that the Secretary or the person considers

relevant in the circumstances.

(8) An agreement with a person:

(a) may be varied (in negotiation with the person) or suspended;

and

(b) if another Parenting Payment Activity Agreement is made

with the person, may be cancelled; and

Schedule 4 Parenting payment

Part 1 Participation

40 Employment and Workplace Relations Legislation Amendment (Welfare to Work and

Other Measures) Bill 2005 No. , 2005

party to the agreement; and

(d) may be cancelled by the Secretary after a review under

paragraph (c).

(9) A recipient of parenting payment who is a party to an agreement is

to notify the Secretary of any circumstances preventing or affecting

the recipient's compliance with the agreement.

501B Parenting Payment Activity Agreements--requirement to look

for work of appropriate number of hours per week

(1) A Parenting Payment Activity Agreement that requires a person to

undertake, as an activity, looking for part-time paid work that the

Secretary regards as suitable must require the person to undertake

looking for such part-time paid work of at least the appropriate

number of hours per week.

(2) The appropriate number of hours per week is:

(a)

15;

(b) such other number as the Secretary determines to be

appropriate having regard to the person's circumstances.

501C Parenting Payment Activity Agreements--people with partial

capacity to work

(1) A Parenting Payment Activity Agreement that:

(a) is between the Secretary and a person who has a partial

capacity to work; and

(b) requires the person to undertake, as an activity, looking for

part-time paid work that the Secretary regards as suitable;

must require the person to undertake looking for such part-time

paid work of at least the appropriate number of hours per week.

Note: For

partial capacity to work see section 16B.

(2) The appropriate number of hours per week is:

(a)

15;

(b) such other number as the Secretary determines to be

appropriate having regard to the person's circumstances.

Parenting payment Schedule 4

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Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other

Measures) Bill 2005 No. , 2005 41

501D Parenting Payment Activity Agreements--requirement to

participate in an approved program of work

(1) A Parenting Payment Activity Agreement between the Secretary

and a person must not require the person to participate in an

approved program of work for income support payment if:

(a)

either:

(i) if the person's rate of parenting payment is worked out

under the Pension PP (Single) Rate Calculator in

section 1068A--because of the application of Module E

of that rate calculator, the person is receiving a

parenting payment at a rate that has been reduced; or

(ii) if the person's rate of parenting payment is worked out

under the Benefit PP (Partnered) Rate Calculator in

section 1068B--because of the application of Module D

of that rate calculator, the person is receiving a

parenting payment at a rate that has been reduced; or

(b) in the Secretary's opinion:

(i) it has been established that there is medical evidence

that the person has an illness, disability or injury that

would be aggravated by the conditions in which the

work would be performed; or

(ii) performing the work in the conditions in which the

work would be performed would constitute a risk to

health or safety or would contravene a law of the

Commonwealth, a State or a Territory relating to

occupational health and safety; or

whom subsection 28(4) applies.

(2) The Secretary may, by notice given to a person whom a Parenting

Payment Activity Agreement requires to participate in an approved

program of work for income support payment, revoke the

requirement to participate in the program if the Secretary:

(a) is satisfied that:

(i) if the person's rate of parenting payment is worked out

under the Pension PP (Single) Rate Calculator in

section 1068A--because of the application of Module E

of that rate calculator, the person is receiving a

parenting payment at a rate that has been reduced; or

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42 Employment and Workplace Relations Legislation Amendment (Welfare to Work and

Other Measures) Bill 2005 No. , 2005

(ii) if the person's rate of parenting payment is worked out

under the Benefit PP (Partnered) Rate Calculator in

section 1068B--because of the application of Module D

of that rate calculator, the person is receiving a

parenting payment at a rate that has been reduced; or

(b) forms the opinion that:

(i) it has been established that there is medical evidence

that the person has an illness, disability or injury that

would be aggravated by the conditions in which the

work would be performed; or

(ii) performing the work in the conditions in which the

work would be performed would constitute a risk to

health or safety or would contravene a law of the

Commonwealth, a State or a Territory relating to

occupational health and safety; or

not a person to whom subsection 28(4) applies.

(3) Upon the Secretary so notifying the person, the requirement is

taken to have been revoked with effect from the day specified in

the notice.

(4) A person is not to be taken, merely by participating in an approved

program of work for income support payment in accordance with

the terms of a Parenting Payment Activity Agreement under this

section, to be:

(a) an employee within the meaning of section 9 of the

Occupational Health and Safety (Commonwealth

Employment) Act 1991; or

(b) an employee within the meaning of section 5 of the Safety,

Rehabilitation and Compensation Act 1988; or

Guarantee (Administration) Act 1992; or

(d) an employee for the purposes of the Workplace Relations Act

1996.

501E Parenting Payment Activity Agreements--suspension of

agreements in cases of domestic violence etc.

A Parenting Payment Activity Agreement between the Secretary

and a person is taken to be suspended during any period during

Parenting payment Schedule 4

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Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other

Measures) Bill 2005 No. , 2005 43

which the person is covered by a participation exemption under

Division 3A because of section 502C or 502D.

Division 3--Additional participation requirements

502 Secretary may impose additional participation requirements

(1) Subject to sections 502A and 502B, if the Secretary is of the

opinion that, throughout a period, a person who:

(a) is subject to participation requirements; and

(b) is not covered by a participation exemption under

Division 3A;

should undertake particular paid work, other than paid work that is

unsuitable to be done by the person, the Secretary may notify the

person that the person is required to act in accordance with the

opinion.

Note 1:

For when a person is subject to participation requirements see

subsection 23(1).

Note 2:

See subsection (4) on what paid work is unsuitable.

(2) To avoid doubt, the work that the person is required to undertake

under subsection (1) may involve a number of hours per week that

differs from the number of hours of work per week that the person

is required to seek to comply with a Parenting Payment Activity

Agreement between the Secretary and the person.

(3) The person can be taken not to have complied with requirements

notified to the person under subsection (1) whether or not the

person has complied with requirements to enter into a Parenting

Payment Activity Agreement and comply with its terms.

(4) Subject to subsections (7) and (8), for the purposes of this section,

particular paid work is unsuitable for a person if and only if, in the

Secretary's opinion:

(a) the person lacks the particular skills, experience or

qualifications that are needed to perform the work and no

training will be provided by the employer; or

(b) it has been established that there is medical evidence that the

person has an illness, disability or injury that would be

aggravated by the conditions in which the work would be

performed; or

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44 Employment and Workplace Relations Legislation Amendment (Welfare to Work and

Other Measures) Bill 2005 No. , 2005

supervision, for the one or more children for whom the

person is the principal carer, at the times when the person

would be required to undertake the work; or

Note: For

principal carer see subsections 5(15) to (24).

(d) performing the work in the conditions in which the work

would be performed would constitute a risk to health or

safety and would contravene a law of the Commonwealth, a

State or a Territory relating to occupational health and safety;

(e) the work would be covered by the Australian Fair Pay and

Conditions Standard, but the terms and conditions for the

work would be below the minimum terms and conditions for

the work under the Australian Fair Pay and Conditions

Standard; or

(f) the work would not be covered by the Australian Fair Pay

and Conditions Standard, but, if it were so covered, the terms

and conditions for the work would be below the minimum

terms and conditions for the work under the Australian Fair

Pay and Conditions Standard; or

(g) commuting between the person's home and the place of work

would be unreasonably difficult; or

(h) the work would require enlistment in the Defence Force or

the Reserves; or

(i) the work requires the person to move from a home in one

place to a home in another place; or

(j) for any other reason, the work is unsuitable for the person.

(5) A person has, for the purposes of paragraph (4)(c), access to

appropriate care and supervision for a child at a particular time if,

at that time:

(a) the child could be provided with care by an approved child

care service (within the meaning of the Family Assistance

Administration Act), and provision of that care would, in the

Secretary's opinion, be appropriate in the circumstances; or

(b) the child could be provided with other care that the person

considers to be suitable; or

school would, in the Secretary's opinion, be appropriate in

the circumstances.

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Measures) Bill 2005 No. , 2005 45

(6) For the purposes of paragraph (4)(c), a time when the person would

be required to undertake the work includes reasonable amounts of

time that would be needed for the person to travel from the

person's home to the place of work and from the place of work to

the person's home.

(7)

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 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 (4)(g) or (i) unless:

(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.

(8) 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

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46 Employment and Workplace Relations Legislation Amendment (Welfare to Work and

Other Measures) Bill 2005 No. , 2005

subsection (7) to seek work outside the area at the time when the

representation is made.

(9) A reference in subsection (4) to remuneration for work is a

reference to any income derived from the work that is income from

personal exertion.

Note: For

income from personal exertion see subsection 8(1).

502A People 55 and over who are engaged in work

(1) Subject to subsection (2), the Secretary must not notify under

subsection 502(1) a person in respect of a period (the relevant

period) if the person has reached 55 years and:

(a) is engaged in approved unpaid voluntary work for an

approved organisation for at least 30 hours in the period; or

(b) is engaged, for at least 30 hours in the period in a

combination of:

(i) approved unpaid voluntary work for an approved

organisation; and

(ii) suitable paid work for another person; or

that the Secretary regards as suitable.

(2) This section does not apply to a person in respect of a day in a

relevant period if, in respect of the person, having regard to the

opportunities, or possible opportunities, for employment that

become available to the person on or before the day, the Secretary

considers that this section is not to apply to the person in respect of

that day.

(3) For the purposes of this section:

(a) approved voluntary unpaid work is work that has been

approved by the Secretary for the purposes of this section;

and

(b) an approved organisation is an organisation that has been

approved by the Secretary for the purposes of this section.

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Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other

Measures) Bill 2005 No. , 2005 47

502B Persons engaged in suitable paid work for at least 30 hours per

fortnight

The Secretary must not notify under subsection 502(1) a person

who is engaged for at least 30 hours per fortnight in paid work that

the Secretary regards as suitable.

Division 3A--Participation exemptions

502C Domestic violence etc.

(1) A person is covered by a participation exemption under this

Division in respect of a period that the Secretary determines under

this section in relation to the person.

(2) The Secretary may make a determination under this section in

relation to the person if the Secretary is satisfied that:

(a)

the

person:

(i) has ceased to be a member of a couple in the period of

26 weeks before the determination; and

(ii) was subjected to domestic violence in that period of 26

weeks (whether or not the domestic violence was

connected with ceasing to be a member of that or any

other couple); and

(iii) has not again become a member of a couple; or

(b) there are special circumstances relating to the person's family

that make it appropriate to make the determination.

(3) The period that the Secretary determines under this section must be

the lesser of:

(a) the period that the Secretary considers to be appropriate; or

(b)

weeks.

(4) Any such period may be followed by one or more other periods

(not exceeding 16 weeks) determined under this section in relation

to the person.

(5) The period that the Secretary determines under this section must,

despite subsection (3), be 16 weeks if the determination:

(a) is made on grounds referred to in paragraph (2)(a) (or on

grounds that include those grounds); and

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Other Measures) Bill 2005 No. , 2005

(b) is the first determination made on those grounds (or on

grounds that include those grounds) in connection with the

particular cessation referred to in subparagraph (2)(a)(i).

(6) The Secretary may revoke a determination under this section in

relation to a person if the Secretary is satisfied that the grounds on

which the determination was made no longer exist.

(7) Subsection (6) does not affect any operation that subsection 33(3)

of the Acts Interpretation Act 1901 has in relation to a

determination under this section.

502D People with disabled children and other circumstances

(1) A person is covered by a participation exemption under this

Division in respect of a period that the Secretary determines under

this section in relation to the person.

(2) The Secretary may make a determination under this section in

relation to the person if the Secretary is satisfied that the person is

the principal carer of one or more children:

(a) who suffer from a physical, intellectual or psychiatric

disability or illness; and

(b) whose care needs are such that the person should, for the

period specified in the determination, not be required to meet

participation requirements.

Note: For

principal carer see subsections 5(15) to (24).

(3) The Secretary must make a determination under this section in

relation to the person if the Secretary is satisfied that the person is

the principal carer of one or more children, and that:

(a) the person is a registered and active foster carer; or

(b) the person is a home educator of that child, or one or more of

those children; or

of those children.

Note 1:

For principal carer see subsections 5(15) to (24).

Note 2:

For registered and active foster carer see section 5B.

Note 3:

For home educator see section 5C.

Note 4:

For distance educator see section 5D.

Parenting payment Schedule 4

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Measures) Bill 2005 No. , 2005 49

(4) The Secretary may make a determination under this section in

relation to the person if the Secretary is satisfied that:

(a) the person is a person included in a class of persons specified

under subsection (5); and

(b) the person's circumstances are such that the person should

not be required to meet any of the participation requirements.

(5) The Secretary may, by legislative instrument, specify classes of

persons in respect of whom determinations under this section may

be made.

(6) The period that the Secretary determines under this section must be

the lesser of:

(a) the period that the Secretary considers to be appropriate; or

(b)

months.

(7) Any such period may be followed by one or more other periods

(not exceeding 12 months) determined under this section in

relation to the person.

(8) The Secretary may revoke a determination under this section in

relation to a person if the Secretary is satisfied that the grounds on

which the determination was made no longer exist.

(9) Subsection (8) does not affect any operation that subsection 33(3)

of the Acts Interpretation Act 1901 has in relation to a

determination under this section.

502E Training camps

A person is covered by a participation exemption under this

Division in respect of a period when the person is attending a

training camp as a member of:

(a) the Naval Reserve; or

(b) the Army Reserve; or

502F Special circumstances

(1) A person is covered by a participation exemption under this

Division in respect of a period if:

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50 Employment and Workplace Relations Legislation Amendment (Welfare to Work and

Other Measures) Bill 2005 No. , 2005

(a) the Secretary is satisfied that special circumstances, beyond

the person's control, exist; and

(b) the Secretary is satisfied that in those circumstances it would

be unreasonable to expect the person to meet participation

requirements for that period.

(2) The period referred to in subsection (1) is not to exceed 13 weeks.

(3)

If:

(a) the Secretary makes a number of determinations under any

one or more of the following provisions:

(i) subsection 525AA(3) of this Act as previously in force;

(ii) subsection 542H(1) of this Act;

(iii) subsection 603A(1) of this Act;

(iv) subsection 731E(1) of this Act;

(v) subsection (1) of this section; and

(b) the periods to which the determinations relate form a

continuous period;

the continuous period is not to exceed 13 weeks, unless the

Secretary determines otherwise, having regard to the continued

existence, or likely continued existence, of the special

circumstances on which the last preceding determination was

based.

502G Pre-natal and post-natal relief

(1) A pregnant woman is covered by a participation exemption under

this Division for the period that starts 6 weeks before the woman's

expected date of confinement and ends on the day on which the

woman gives birth to the child (whether or not the child is born

alive).

(2) If a woman gives birth to a child (whether or not the child is born

alive), the woman is covered by a participation exemption under

this Division for the period that starts on the day on which she

gives birth to the child and ends 6 weeks after that day.

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Measures) Bill 2005 No. , 2005 51

502H Temporary incapacity

(1) Subject to sections 502J and 502K, a person is covered by a

participation exemption under this Division in respect of a period

if:

(a) throughout the period the person is incapacitated for work

because of sickness or an accident; and

(b) the incapacity is caused wholly, or virtually wholly, by a

medical condition arising from the sickness or accident; and

(d) the person has, whether before or after the commencement of

this section, given the Secretary a certificate of a medical

practitioner, in a form approved by the Secretary, stating:

(i) the medical practitioner's diagnosis; and

(ii) the medical practitioner's prognosis; and

(iii) that the person is incapacitated for work; and

(iv) the period for which the person is incapacitated for

work; and

(e) the Secretary is satisfied that the incapacity has not been

brought about with a view to obtaining an exemption from

meeting the participation requirements.

(2) In this section:

work, in relation to a person, means work (whether full-time,

part-time, permanent or casual) that:

(a) is of a kind that the person could, in the Secretary's opinion,

be reasonably expected to do; and

(b) is for at least 8 hours per week at award wages or above.

502J Time limit for temporary incapacity exemption--Secretary

satisfied person can undertake activity

(1) Section 502H ceases to apply to a person if the Secretary is

satisfied that, although the person meets the requirements of that

section, the person should undertake one or more activities that the

Secretary regards as suitable for the person.

(2) The cessation occurs:

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52 Employment and Workplace Relations Legislation Amendment (Welfare to Work and

Other Measures) Bill 2005 No. , 2005

(a) if the person has failed to comply with a requirement to enter

into a Parenting Payment Activity Agreement--when the

person so failed; or

(b) in any other case--when the person has entered into such an

agreement.

(3) This section does not prevent section 502H ceasing to apply to a

person under section 502K.

502K Time limit for temporary incapacity exemption--end of

person's maximum exemption period

(1) Section 502H ceases to apply to a person if the person's maximum

exemption period ends.

(2) Subject to this section, a person's maximum exemption period is:

(a) if the person has, whether before or after the commencement

of this section, given the Secretary a medical certificate for

the purpose of enabling the Secretary to decide whether

section 502H applies to the person--the lesser of the

following periods:

(i) the period stated in the certificate as the period for

which the person would be incapacitated for work;

(ii) the period of 13 weeks that started or starts on the first

day of the period so stated in the certificate; or

(b) otherwise--the period of 4 weeks that started or starts on the

day determined by the Secretary to have been the day on

which the person's incapacity for work began.

(3)

If:

(a) section 502H applies to a person; and

(b) the person has, whether before or after the commencement of

this section, given the Secretary a certificate of a medical

practitioner that states the matters listed in paragraph

502H(1)(d) and is in accordance with the form approved

under that paragraph; and

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Measures) Bill 2005 No. , 2005 53

will continue after the end of the person's maximum

exemption period;

the Secretary may extend the person's maximum exemption period

by a period that is not more than the lesser of the following

periods:

(d) a period equal to the period stated in the certificate as the

period for which the person would be incapacitated for work;

(e)

weeks.

(4)

If:

(a) section 502H applied to a person; and

(b) within 14 days after the end of the person's maximum

exemption period the person gives the Secretary a certificate

of a medical practitioner that states the matters listed in

paragraph 502H(1)(d) and is in accordance with a form

approved under that paragraph; and

has continued after the end of the person's maximum

exemption period and that the incapacity will continue;

the Secretary may extend the maximum exemption period by a

period that is not more than the lesser of the following periods:

(d) a period equal to the period stated in the certificate as the

period for which the person would be incapacitated for work;

(e)

weeks.

(5)

Commonwealth of Australia Bills

EMPLOYMENT AND WORKPLACE RELATIONS LEGISLATION AMENDMENT (WELFARE TO WORK AND OTHER MEASURES) BILL 2005