2008 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 (Education, Employment and Workplace Relations) A Bill for an Act to amend the law relating to social security, and for related purposes [Page Break] 1 Short title ............................................................................................ 1 2 Commencement .................................................................................. 1 3 Schedule(s) ......................................................................................... 2 Schedule 1--Compliance with obligations in relation to participation payments 3 Part 1--Compliance with obligations in relation to participation payments 3 Social Security (Administration) Act 1999 3 Part 2--Consequential amendments 18 Social Security Act 1991 18 Social Security (Administration) Act 1999 23 Part 3--Application provision 28 Schedule 2--Amendme nts relating to employment pathway plans 29 Social Security Act 1991 29 Social Security (Administration) Act 1999 56 Schedule 3--Personal Support Programme and exemptions relating to youth allowance and ne wstart allowance 58 Social Security Act 1991 58 Schedule 4--Other ame ndments 61 Social Security Act 1991 61 Social Security (Administration) Act 1999 63 i Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 [Page Break] 2 security, and for related purposes 3 The Parliament of Australia enacts: 4 1 Short title 5 This Act may be cited as the Social Security Legislation 6 Amendment (Employment Services Reform) Act 2008. 7 2 Commence ment 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 Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 1 [Page Break] Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 The day on which this Act receives the and anything in Royal Assent. this Act not elsewhere covered by this table 2. Schedules 1 to 1 Ju ly 2009. 1 Ju ly 2009 3 3. Schedule 4, 1 Ju ly 2009. 1 Ju ly 2009 item 1 4. Schedule 4, Immediately after the commencement of the 1 Ju ly 2009 items 2 to 5 provisions covered by table item 2. 5. Schedule 4, 1 Ju ly 2009. 1 Ju ly 2009 items 6 and 7 6. Schedule 4, Immediately after the commencement of the 1 Ju ly 2009 items 8 and 9 provisions covered by table item 2. 7. Schedule 4, 1 Ju ly 2009. 1 Ju ly 2009 items 10 to 14 1 Note: This table relates only to the provisions of this Act as originally 2 passed by both Houses of the Parliament and assented to. It will not be 3 expanded to deal with provisions inserted in this Act after assent. 4 (2) Column 3 of the table contains additional information that is not 5 part of this Act. Information in this column may be added to or 6 edited in any published version of this Act. 7 3 Schedule(s) 8 Each Act 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 2 Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 [Page Break] Co mpliance with obligations in relat ion to participation payments Part 1 1 2 Schedule 1--Compliance with obligations in 3 relation to participation payments 4 Part 1--Compliance with obligations in relation to 5 participation payments 6 Social Security (Administration) Act 1999 7 1 After Division 3 of Part 3 8 Insert: 9 Division 3A--Compliance with obligations in relation to 10 participation payments 11 Subdivision A--Object of this Division 12 42A Simplified outline 13 The following is a simplified outline of this Division: 14 · The Secretary may determine that a person commits a no 15 show no pay failure, a connection failure, a reconnection 16 failure or a serious failure. 17 · A person commits such a failure by failing to comply with his 18 or her obligations in relation to a participation payment. The 19 participation payments are newstart allowance, and for some 20 people, youth allowance, parenting payment and special 21 benefit. 22 · For a no show no pay failure, a penalty amount is deducted 23 from the person's participation payment. 24 · For a connection failure, a requirement may be imposed on the 25 person (and if the person fails to comply with the requirement, 26 the person commits a reconnection failure). Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 3 [Page Break] Part 1 Co mpliance with obligations in relation to participation payments 1 · For a reconnection failure, generally a penalty amount is 2 deducted from the person's participation payment until the 3 person complies with a requirement imposed on the person. 4 · For a serious failure, a participation payment is not payable to 5 the person for 8 weeks. The 8 week period may be ended in 6 certain circumstances. 7 · The Secretary may also determine that a person is unemployed 8 as a result of a voluntary act or misconduct. If the Secretary 9 does so, a participation payment is not payable to the person 10 for 8 weeks. 11 42B Object of this Division 12 (1) The object of this Division is to encourage people to participate in 13 employment and engage with employment services. It is also the 14 object of this Division to secure compliance with a person's 15 obligations and requirements in relation to participation payments, 16 and to ensure that those who do not comply are re-engaged with 17 employment services as quickly as possible. 18 (2) However, this Division is not intended to punish a person who has 19 a reasonable excuse for failing to comply with such obligations. 20 Subdivision B--No show no pay failures 21 42C No show no pay failures 22 (1) The Secretary must determine that a person commits a no show no 23 pay failure on a day if: 24 (a) the person commits any of the following failures: 25 (i) the person fails to participate, on the day, in an activity 26 that the person is required to undertake by an 27 employment pathway plan that is in force in relation to 28 the person; 29 (ii) the person fails to comply, on the day, with a serious 30 failure requirement imposed on the person; 31 (iii) the person commits misconduct, on the day, while 32 participating in an activity referred to in 4 Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 [Page Break] Co mpliance with obligations in relat ion to participation payments Part 1 1 subparagraph (i) or while purporting to comply with a 2 serious failure requirement imposed on the person; 3 (iv) the person intentionally acts in a manner on the day 4 (including by failing to attend a job interview), and it is 5 reasonably foreseeable that acting in that manner could 6 result in an offer of employment not being made to the 7 person; and 8 (b) the person receives an instalment of a participation payment 9 for the instalment period in which the day occurs. 10 Note: A penalty amount is deducted from the person's participation payment 11 for a no show no pay failure (see section 42D). 12 (2) Without limiting subparagraph (1)(a)(i), a person fails to 13 participate in an activity if: 14 (a) the person fails to attend the activity at all; or 15 (b) the person is not punctual in attending the activity. 16 Limitations on determining no show no pay failures 17 (3) If: 18 (a) more than one subparagraph of paragraph (1)(a) applies to a 19 person on a day; or 20 (b) a subparagraph of paragraph (1)(a) applies more than once to 21 a person on a day; 22 then the Secretary may only determine that the person commits one 23 no show no pay failure on the day. 24 Note: However, the Secretary may determine that a person commits no show 25 no pay failures on 2 or more days. 26 (4) Despite subsection (1), the Secretary must not determine that a 27 person commits a no show no pay failure on a day if: 28 (a) both of the following apply: 29 (i) subparagraph (1)(a)(i), (ii) or (iv) applies; 30 (ii) the person satisfies the Secretary that the person has a 31 reasonable excuse for the failure; or 32 (b) the person is a new apprentice. 33 Note: The Secretary must take certain matters into account for the purposes 34 of paragraph (4)(a) (see section 42U). Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 5 [Page Break] Part 1 Co mpliance with obligations in relation to participation payments 1 Determining an instalment period 2 (5) The Secretary must include in a determination under this section 3 the instalment period in which a penalty amount (see section 42T) 4 for the no show no pay failure is to be deducted from the person's 5 instalment of a participation payment. 6 42D Deducting the penalty amount 7 If the Secretary determines that a person commits a no show no 8 pay failure, the person's penalty amount (see section 42T) for the 9 no show no pay failure is to be deducted from the person's 10 instalment of a participation payment for the instalment period 11 determined under subsection 42C(5). 12 Note: The balance of the penalty amount is to be deducted from instalments 13 of the participation payment for any later instalment periods, or from 14 any instalments of any other participation payment paid to the person 15 (see section 42V). 16 Subdivision C--Connection and reconnection failures 17 42E Connection failures 18 (1) The Secretary must determine that a person commits a connection 19 failure if: 20 (a) the person commits any of the failures mentioned in 21 subsection (2); and 22 (b) the person receives an instalment of a participation payment 23 for the instalment period in which the person commits the 24 failure. 25 Note: A reconnection requirement may be imposed for a connection failure 26 (see section 42G). 27 (2) For the purposes of subsection (1), the failures are the following: 28 (a) the person fails to comply with a requirement that was 29 notified to the person under subsection 63(2) or (4), and the 30 notice did not inform the person of the effect of section 64; 31 (b) the person fails to comply with a requirement, under 32 section 501, 544A, 605 or 731L of the 1991 Act, to enter into 33 an employment pathway plan; 6 Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 [Page Break] Co mpliance with obligations in relat ion to participation payments Part 1 1 (c) the person fails to attend an appointment that the person is 2 required to attend by an employment pathway plan that is in 3 force in relation to the person; 4 (d) the person is issued with a notice under subsection 42F(1) 5 and fails to comply with it within the period specified in the 6 notice; 7 (e) the person fails to comply with subsection 42F(2); 8 (f) the person fails to comply with a requirement included in an 9 employment pathway plan that is in force in relation to the 10 person to undertake a certain number of job searches per 11 fortnight; 12 (g) the person fails to comply with a requirement included in an 13 employment pathway plan that is in force in relation to the 14 person: 15 (i) to keep a record of the person's job searches in a 16 document referred to in the plan as a job seeker diary; 17 and 18 (ii) to return the job seeker diary to the Department at the 19 end of the period specified in the plan. 20 (3) The Secretary may determine that a person commits 2 or more 21 connection failures on a day. 22 Limitations on determining connection failures 23 (4) Despite subsection (1), the Secretary must not determine that a 24 person commits a connection failure if: 25 (a) the person satisfies the Secretary that the person has a 26 reasonable excuse for the failure; or 27 (b) both of the following apply: 28 (i) the person's failure is a failure to comply with a 29 requirement under section 544A of the 1991 Act to 30 enter into an employment pathway plan; 31 (ii) a youth allowance is not payable to the person for the 32 instalment period in which the person commits the 33 failure because of section 547AA of that Act; or 34 (c) both of the following apply: 35 (i) the person's failure is a failure to comply with a 36 requirement under section 605 of the 1991 Act to enter 37 into an employment pathway plan; Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 7 [Page Break] Part 1 Co mpliance with obligations in relation to participation payments 1 (ii) a newstart allowance is not payable to the person for the 2 instalment period in which the person commits the 3 failure because of section 615 of that Act; or 4 (d) the person is a new apprentice; or 5 (e) in the case of a failure under paragraphs (2)(d) to (g)--the 6 person is receiving parenting payment. 7 Note: The Secretary must take certain matters into account for the purposes 8 of paragraph (4)(a) (see section 42U). 9 42F Requiring a person to apply for job vacancies 10 (1) The Secretary may notify a person that the person must apply for a 11 particular number of advertised job vacancies in the period 12 specified in the notice if: 13 (a) the person is required to satisfy the activity test; and 14 (b) the person is receiving a participation payment other than a 15 parenting payment. 16 (2) The person must give the Secretary a written statement from each 17 employer whose job vacancy the person applied for during that 18 period that confirms that the person applied for that job vacancy. 19 (3) The statement from the employer must be in a form approved by 20 the Secretary. 21 (4) Subsection (2) does not apply to a person if the Secretary is 22 satisfied that there are special circumstances in which it is not 23 reasonable to expect the person to give the statement referred to in 24 that subsection. 25 42G Reconnection require ments 26 If the Secretary determines that a person commits a connection 27 failure, then the Secretary may require the person to comply with a 28 requirement (the reconnection requirement). 29 Note: The Secretary must notify the person of the effect of not complying 30 with the reconnection requirement (see section 42K). 31 42H Reconnection failures 32 (1) The Secretary must determine that a person commits a 33 reconnection failure if: 8 Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 [Page Break] Co mpliance with obligations in relat ion to participation payments Part 1 1 (a) the person is required to comply with: 2 (i) a reconnection requirement; or 3 (ii) a further reconnection requirement; and 4 (b) the person fails to comply with the requirement. 5 Note: A further reconnection requirement may be imposed, and a penalty 6 amount is deducted from the person's participation payment, for a 7 reconnection failure (see sections 42J and 42L). 8 (2) The Secretary may determine that a person commits 2 or more 9 reconnection failures on a day. 10 Limitation on determining reconnection failures 11 (3) Despite subsection (1), the Secretary must not determine that a 12 person commits a reconnection failure if the person satisfies the 13 Secretary that the person has a reasonable excuse for the failure. 14 Note: The Secretary must take certain matters into account for the purposes 15 of subsection (3) (see section 42U). 16 Reconnection failure period 17 (4) If the Secretary determines that a person commits a reconnection 18 failure, the person commits the failure during the period (the 19 reconnection failure period) that: 20 (a) begins on the day the person commits the failure; and 21 (b) ends on: 22 (i) the day before the person complies with any further 23 reconnection requirement imposed on the person in 24 relation to the reconnection failure; or 25 (ii) if the person fails to comply with a further reconnection 26 requirement imposed on the person in relation to the 27 reconnection failure, and the person satisfies the 28 Secretary that the person has a reasonable excuse for the 29 failure--the day before the person fails to comply with 30 the requirement. 31 Determining an instalment period 32 (5) The Secretary must include in a determination under this section 33 the instalment period in which a penalty amount (see section 42T) 34 for the reconnection failure is to be deducted from the person's 35 instalment of a participation payment. Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 9 [Page Break] Part 1 Co mpliance with obligations in relation to participation payments 1 42J Further reconnection requirements 2 (1) The Secretary may require a person to comply with a further 3 requirement (the further reconnection requirement) if the 4 Secretary determines that: 5 (a) the person commits a reconnection failure; or 6 (b) the person fails to comply with an earlier further 7 reconnection requirement imposed on the person. 8 Note: The Secretary must notify the person of the effect of not complying 9 with the further reconnection requirement (see section 42K). 10 (2) The Secretary may impose a further reconnection requirement on a 11 person under paragraph (1)(b) even if the person satisfies the 12 Secretary that the person has a reasonable excuse for failing to 13 comply with the earlier further reconnection requirement. 14 42K Notification requirements 15 (1) The Secretary must notify the person that a failure to comply with 16 a reconnection requirement or a further reconnection requirement 17 imposed on the person might result in a penalty amount being 18 deducted from the person's participation payment. 19 (2) The notification does not have to be in writing, but must occur 20 before the day the person is required to comply with the 21 reconnection requirement or the further reconnection requirement. 22 42L Deduction of penalty amount 23 If the Secretary determines that a person commits a reconnection 24 failure, the person's penalty amount (see section 42T) for the 25 reconnection failure is to be deducted from the person's instalment 26 of a participation payment for the instalment period determined 27 under subsection 42H(5). 28 Note: The balance of the penalty amount is to be deducted from instalments 29 of the participation payment for any later instalment periods, or from 30 any instalments of any other participation payment paid to the person 31 (see section 42V). 10 Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 [Page Break] Co mpliance with obligations in relat ion to participation payments Part 1 1 Subdivision D--Serious failures 2 42M Serious failure for persistent non-compliance 3 (1) The Secretary may determine that a person commits a serious 4 failure if: 5 (a) the Secretary is satisfied that the person has, up to the day the 6 Secretary makes the determination, persistently failed to 7 comply with his or her obligations in relation to a 8 participation payment (including by committing no show no 9 pay failures, connection failures or reconnection failures); 10 and 11 (b) the person receives a participation payment for the instalment 12 period in which the Secretary makes the determination. 13 Note 1: A participation payment is not payable for 8 weeks for a serious 14 failure (see section 42P). 15 Note 2: For the day the Secretary makes the determination, see section 42Y. 16 (2) In determining whether a person commits a serious failure under 17 subsection (1): 18 (a) the Secretary must not take into account failures that were 19 outside the person's control; and 20 (b) the Secretary may only take into account any other failures 21 that occurred intentionally, recklessly or negligently. 22 Limitations on determining persistent non-compliance serious 23 failures 24 (3) The Secretary must not determine that a person commits a serious 25 failure under subsection (1): 26 (a) while the person is in a serious failure period for another 27 serious failure determined under subsection (1); or 28 (b) if the person is a new apprentice. 29 Legislative instrument 30 (4) The Minister must, by legislative instrument, determine matters 31 that the Secretary must take into account in deciding whether a 32 person persistently failed to comply with his or her obligations in 33 relation to a participation payment. Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 11 [Page Break] Part 1 Co mpliance with obligations in relation to participation payments 1 (5) In deciding whether a person persistently failed to comply with his 2 or her obligations in relation to a participation payment, the 3 Secretary must take the matters determined under subsection (4) 4 into account. 5 (6) To avoid doubt, subsection (5) does not limit the matters that the 6 Secretary may take into account in deciding whether the person 7 failed to comply with his or her obligations. 8 42N Serious failure for refusing or failing to accept an offer of 9 suitable employme nt 10 (1) The Secretary must determine that a person commits a serious 11 failure if: 12 (a) the person is receiving a participation payment; and 13 (b) the person refuses or fails to accept an offer of suitable 14 employment. 15 Note: A participation payment is not payable for 8 weeks for a serious 16 failure (see section 42P). 17 (2) Despite subsection (1), the Secretary must not determine that a 18 person commits a serious failure under that subsection if the person 19 satisfies the Secretary that the person has a reasonable excuse for 20 the failure. 21 Note: The Secretary must take certain matters into account for the purposes 22 of subsection (2) (see section 42U). 23 42P Consequences of serious failure 24 Participation payment not payable during serious failure period 25 (1) If the Secretary determines that a person commits a serious failure, 26 a participation payment is not payable to the person during the 27 person's serious failure period. 28 Note 1: The Secretary may end a serious failure period under section 42Q or 29 determine that a participation payment is payable, despite this section, 30 under section 42R. 31 Note 2: The Secretary may continue the participation payment pending the 32 outcome of an application for review (see sections 131 and 145 of the 33 Administration Act). 34 (2) The person's serious failure period is the period: 12 Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 [Page Break] Co mpliance with obligations in relat ion to participation payments Part 1 1 (a) beginning on the first day of the first instalment period that 2 begins after the day the Secretary makes the determination; 3 and 4 (b) ending: 5 (i) if the Secretary ends the person's serious failure period 6 under section 42Q--on the day mentioned in that 7 section; or 8 (ii) otherwise--8 weeks after the period begins. 9 Note: For the day the Secretary makes the determination, see section 42Y. 10 Serious failure requirements 11 (3) If the Secretary determines that a person commits a serious failure, 12 then the Secretary may require the person to comply with a 13 requirement (the serious failure requirement). 14 Note: A person who complies with a serious failure requirement may have 15 his or her serious failure period end under section 42Q. A person who 16 fails to comply with a serious failure requirement may commit a no 17 show no pay failure under section 42C. 18 42Q Ending serious failure periods 19 (1) The Secretary may end a person's serious failure period if: 20 (a) the person begins to comply with a serious failure 21 requirement imposed on the person; or 22 (b) the Secretary determines that: 23 (i) the person does not have the capacity to undertake any 24 serious failure requirement; and 25 (ii) serving the serious failure period would cause the 26 person to be in severe financial hardship. 27 Note: For in severe financial hardship see subsection 14A(7) of the 1991 28 Act. 29 (2) The person's serious failure period ends on: 30 (a) if paragraph (1)(a) applies--the day before the person begins 31 to comply with the requirement; or 32 (b) if paragraph (1)(b) applies--the day before the Secretary 33 makes the determination. 34 Note: For the day the Secretary makes the determination, see section 42Y. Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 13 [Page Break] Part 1 Co mpliance with obligations in relation to participation payments 1 42R Determining that participation payme nts payable 2 (1) The Secretary may determine that, despite a person's serious 3 failure period, a participation payment is payable to the person 4 during the period mentioned in subsection (2) if the person informs 5 the Secretary that the person intends to comply with a serious 6 failure requirement imposed on the person. 7 (2) The participation payment is payable during the period that: 8 (a) begins on the day that the person informs the Secretary; and 9 (b) ends on: 10 (i) the day before the person begins to comply with the 11 serious failure requirement; or 12 (ii) if the person does not begin to comply with the serious 13 failure requirement on the day the person is required to 14 begin--the day before that day. 15 (3) If a period ends under subparagraph (2)(b)(ii), the period (the 16 payability period) mentioned in subsection (2) does not count 17 towards the 8 weeks of the person's serious failure period. 18 Subdivision E--Unemployment resulting from a voluntary act 19 or misconduct 20 42S Une mployme nt resulting from a voluntary act or misconduct 21 (1) A participation payment is not payable to a person for the period 22 mentioned in subsection (3) if the Secretary determines that: 23 (a) the person is unemployed as a result (whether direct or 24 indirect) of a voluntary act of the person; or 25 (b) the person is unemployed as a result of the person's 26 misconduct as an employee. 27 Note: The Secretary may continue the participation payment pending the 28 outcome of an application for review (see sections 131 and 145 of the 29 Administration Act). 30 Limitations on determination 31 (2) Despite paragraph (1)(a), the Secretary must not make a 32 determination under that paragraph if the Secretary is satisfied that 33 the voluntary act was reasonable. 14 Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 [Page Break] Co mpliance with obligations in relat ion to participation payments Part 1 1 Period of non-payment 2 (3) The participation payment is not payable to the person for the 3 period (the unemployment non-payment period) of 8 weeks 4 beginning on: 5 (a) the day that the person becomes unemployed as a result of 6 the person's voluntary act or misconduct; or 7 (b) if the person is receiving a participation payment at the time 8 of the voluntary act or misconduct--the first day of the first 9 instalment period that begins after the day the Secretary 10 makes the determination, if the Secretary considers that day 11 is more appropriate than the day mentioned in paragraph (a). 12 Note 1: The Secretary may end an unemployment non-payment period under 13 subsection (4). 14 Note 2: For the day the Secretary makes the determination, see section 42Y. 15 Ending unemployment non-payment periods 16 (4) The Secretary may end a person's unemployment non-payment 17 period if: 18 (a) the Secretary determines that serving the unemployment 19 non-payment period would cause the person to be in severe 20 financial hardship; and 21 (b) the person is in a class of persons specified by legislative 22 instrument under subsection (5). 23 Note: For in severe financial hardship see subsection 14A(7) of the 1991 24 Act. 25 (5) For the purposes of subsection (4), the Secretary may, by 26 legislative instrument, specify a class of persons. 27 Subdivision F--General provisions 28 42T Legislative instrume nt determining method for working out 29 penalty amount 30 (1) The Minister must, by legislative instrument, determine a method 31 for working out a person's penalty amount for a no show no pay 32 failure or a reconnection failure. Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 15 [Page Break] Part 1 Co mpliance with obligations in relation to participation payments 1 (2) The method determined for a no show no pay failure that a person 2 commits on a day must not provide for a penalty amount for the 3 person that is more than the following: Amount of the person's instalment of participation payment for the instalment period in which the day occurs 4 1.4 Number of days in the person's instalment period 5 (3) The method determined for a reconnection failure that a person 6 commits must not provide for a penalty amount for the person that 7 is more than the total of the daily rates of the participation payment 8 payable to the person during the reconnection failure period 9 (before deducting a penalty amount). 10 (4) In addition, the method determined for a no show no pay failure or 11 a reconnection failure must relate to: 12 (a) for a person's no show no pay failure--the amount of the 13 participation payment paid to the person on the day on which 14 the person commits the no show no pay failure; or 15 (b) for a person's reconnection failure--the amount of the 16 participation payment paid to the person during the 17 reconnection failure period. 18 (5) The method determined by the Minister for working out a person's 19 penalty amount must not affect any rent assistance, pharmaceutical 20 allowance or youth disability supplement payable to the person. 21 (6) The method determined may provide for a penalty amount that is 22 nil. 23 (7) The legislative instrument may also deal with the amount of a 24 penalty amount to be deducted from an instalment of a 25 participation payment. 26 42U Legislative instrume nts relating to reasonable excuse 27 (1) The Secretary must, by legislative instrument, determine matters 28 that the Secretary must take into account in deciding whether a 29 person has a reasonable excuse for committing: 30 (a) a no show no pay failure (see paragraph 42C(4)(a)); or 31 (b) a connection failure (see paragraph 42E(4)(a)); or 32 (c) a reconnection failure (see subsection 42H(3)); or 16 Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 [Page Break] Co mpliance with obligations in relat ion to participation payments Part 1 1 (d) a serious failure (see subsection 42N(2)). 2 (2) To avoid doubt, a determination under subsection (1) does not limit 3 the matters that the Secretary may take into account in deciding 4 whether the person has a reasonable excuse. 5 42V Deduction from any participation payme nt 6 The balance of a person's penalty amount for a no show no pay 7 failure or a reconnection failure that is not reduced to nil under 8 section 42D or 42L is to be deducted from: 9 (a) the instalments of the participation payment referred to in 10 that section for any later instalment periods (until the balance 11 is reduced to nil); and 12 (b) if the balance is not reduced to nil under paragraph (a)--the 13 instalments of any other participation payment paid to the 14 person (until the balance is reduced to nil). 15 42W Penalty amount not a debt 16 To avoid doubt, a penalty amount is not a debt owed to the 17 Commonwealth under Part 5.2 of the 1991 Act. 18 42X Payability 19 A participation payment remains payable even if it is reduced to nil 20 as a result of deducting a penalty amount, or the balance of a 21 penalty amount, for a no show no pay failure or a reconnection 22 failure. 23 42Y Day of determination 24 For the purposes of paragraph 42M(1)(a), 42P(2)(a), 42Q(2)(b) or 25 42S(3)(b), the day the Secretary makes the determination is the day 26 the Secretary originally makes the determination (even if another 27 decision in relation to the determination is later made on review). 28 42Z Relations hip with section 80 29 Nothing in this Division affects the power of the Secretary to 30 cancel or suspend a participation payment under section 80 of this 31 Act. 32 Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 17 [Page Break] Part 2 Consequential amendments 1 2 Part 2--Consequential amendments 3 Social Security Act 1991 4 2 Subsection 14A(1) 5 Omit "In Parts 2.11, 2.11A, 2.12, 2.14 and 2.23A", substitute "For the 6 purposes of Parts 2.11, 2.11A, 2.12, 2.14 and 2.23A and Division 3A of 7 Part 3 of the Administration Act". 8 3 Subsection 14A(2) 9 After "2.23A", insert "and Division 3A of Part 3 of the Administration 10 Act". 11 4 At the end of section 14A 12 Add: 13 (7) For the purposes of Division 3A of Part 3 of the Administration 14 Act, a person is in severe financial hardship if the value of the 15 person's liquid assets does not exceed the person's maximum 16 reserve. 17 5 Subsection 23(1) (definition of compliance penalty period) 18 Repeal the definition, substitute: 19 compliance penalty period, in relation to a person, means: 20 (a) a period during which a participation payment (within the 21 meaning of the Administration Act) is not payable because of 22 subsection 42P(1) (serious failures) or 42S(1) 23 (unemployment non-payment periods) of that Act; or 24 (b) a period during which youth allowance is not payable to the 25 person because of section 550B or 551 of this Act; or 26 (c) a period during which austudy payment is not payable to the 27 person because of section 576A or 577 of this Act. 28 6 Subsection 23(1) (definition of newstart participation 29 failure) 30 Repeal the definition. 18 Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 [Page Break] Consequential amend ments Part 2 1 7 Subsection 23(1) (definition of parenting payment 2 participation failure) 3 Repeal the definition. 4 8 Subsection 23(1) (definition of participation failure 5 instalment period) 6 Repeal the definition, substitute: 7 participation failure instalment period: 8 (a) in relation to the payability of youth allowance--has the 9 meaning given by subsection 550B(3); and 10 (b) in relation to the payability of austudy payment--has the 11 meaning given by subsection 576A(3). 12 9 Subsection 23(1) (definition of special benefit participation 13 failure) 14 Repeal the definition. 15 10 Subdivisions C and CA of Division 1 of Part 2.10 16 Repeal the Subdivisions. 17 11 Before section 550 18 Insert: 19 549G Application of Subdivision 20 This Subdivision applies to a person only if the person is 21 undertaking full-time study (see section 541B). 22 Note: If the person is not undertaking full-time study, Division 3A of Part 3 23 of the Administration Act might apply. 24 12 Paragraphs 550(1)(c) to (j) 25 Repeal the paragraphs. 26 13 Subsections 550(5), (7) and (8) 27 Repeal the subsections. 28 14 Section 550A 29 Repeal the section. Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 19 [Page Break] Part 2 Consequential amendments 1 15 Subsection 550B(1) 2 Omit "However, paragraphs (b) and (c) do not apply in relation to a 3 youth allowance participation failure of a kind referred to in paragraph 4 550(1)(h), (i) or (j).". 5 16 Subsection 550B(3) 6 Repeal the subsection, substitute: 7 Meaning of participation failure instalment period 8 (3) The participation failure instalment period for the youth 9 allowance participation failure is the next instalment period of the 10 person to start after the day on which the Secretary first became 11 aware that the person committed the failure. 12 17 Subdivision E of Division 2 of Part 2.11 (heading) 13 Repeal the heading, substitute: 14 Subdivision E--Situations where allowance not payable 15 because of repeated failure 16 18 Before section 551 17 Insert: 18 550E Application of Subdivision 19 This Subdivision applies to a person only if the person is 20 undertaking full-time study (see section 541B). 21 Note: If the person is not undertaking full-time study, Division 3A of Part 3 22 of the Administration Act might apply. 23 19 Subsections 551(1) to (1B) 24 Repeal the subsections, substitute: 25 General 26 (1) A youth allowance is not payable to a person, for the period of 8 27 weeks starting in accordance with section 551A, if the person 28 commits a youth allowance participation failure (the repeated 29 failure), having committed youth allowance participation failures 20 Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 [Page Break] Consequential amend ments Part 2 1 (the earlier failures) on 2 or more other occasions during the 2 period of 12 months preceding that failure. 3 Note: The heading to section 551 is altered by omitting "or more serious". 4 20 Subsection 551(2) 5 Omit "For the purposes of paragraph (1)(a), disregard", substitute 6 "Disregard". 7 21 Subsections 551(4) to (6) 8 Repeal the subsections. 9 22 Section 551A 10 Repeal the section, substitute: 11 551A When the period of non-payment starts 12 The period for which youth allowance is not payable to the person 13 because of subsection 551(1) is taken to start, or to have started: 14 (a) if the repeated failure occurs during a participation failure 15 instalment period for an earlier failure--at the start of the 16 participation failure instalment period for the earlier failure; 17 or 18 (b) otherwise--at the start of the next instalment period of the 19 person to start after the day on which the Secretary first 20 became aware that the person committed the failure. 21 Note: For participation failure instalment period see subsection 550B(3). 22 23 Subdivisions F and FA of Division 1 of Part 2.12 23 Repeal the Subdivisions. 24 24 Paragraph 729(2)(bd) 25 Repeal the paragraph, substitute: 26 (bd) if the person is qualified for parenting payment but the 27 payment is not payable to the person for the period--that 28 result is not produced because of the operation of subsection 29 42P(1) (serious failures) or 42S(1) (unemployment 30 non-payment periods) of the Administration Act; and 31 25 Subparagraphs 729(2)(d)(i) to (ix) Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 21 [Page Break] Part 2 Consequential amendments 1 Repeal the subparagraphs, substitute: 2 (i) subsection 42P(1) of the Administration Act (serious 3 failures); 4 (ii) subsection 42S(1) of the Administration Act 5 (unemployment non-payment periods); 6 (iii) section 631 of this Act (person failing to comply with 7 notification requirement); 8 (iv) section 633 of this Act (seasonal workers); 9 (v) section 634 of this Act (move to area of lower 10 employment prospects); and 11 26 Subparagraph 729(2)(dc)(ia) 12 Omit "or more serious". 13 27 Subparagraph 729(2)(dc)(iii) 14 Omit "section 81", substitute "subsection 42P(1) (serious failures) or 15 42S(1) (unemployment non-payment periods) or section 81". 16 28 Subdivisions C and CA of Division 1 of Part 2.15 17 Repeal the Subdivisions. 18 29 Subparagraph 1046(2)(b)(i) 19 After "of this Act", insert ", or subsection 42P(1) or 42S(1)". 20 30 Subparagraph 1046(2)(b)(ii) 21 Omit "this Act", substitute "this Act, or subsection 42P(1) or 42S(1)". 22 31 Subparagraph 1046(2B)(b)(i) 23 After "of this Act", insert ", or subsection 42P(1) or 42S(1)". 24 32 Subparagraph 1046(2B)(b)(ii) 25 Omit "this Act", substitute "this Act, or subsection 42P(1) or 42S(1)". 26 33 Subparagraph 1046(2B)(b)(iia) 27 Omit "section 500J, 500ZB or 500ZE of this Act or section 81", 28 substitute "section 500J of this Act, or subsection 42P(1) or 42S(1) or 29 section 81". 22 Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 [Page Break] Consequential amend ments Part 2 1 Social Security (Administration) Act 1999 2 34 Paragraph 110A(b) 3 Repeal the paragraph, substitute: 4 (b) the payment had been suspended because it was not payable 5 because of: 6 (i) subsection 42P(1) or 42S(1) (if the payment was a 7 participation payment); or 8 (ii) section 550B or 551 of the 1991 Act (if the payment 9 was a youth allowance); or 10 (iii) section 576A or 577 of the 1991 Act (if the payment 11 was an austudy payment); 12 35 Section 110A 13 Omit "because of that section", substitute "because of section 550B, 14 551, 576A or 577 of the 1991 Act, or on the day after the serious failure 15 period or unemployment non-payment period ends under subsection 16 42P(1) or 42S(3) or section 42Q of this Act, as the case requires". 17 36 Paragraph 118(12C)(b) 18 Repeal the paragraph, substitute: 19 (b) the determination was made because of the application of: 20 (i) subsection 42P(1) or 42S(1) (if the payment is a 21 participation payment); or 22 (ii) section 550B or 551 of the 1991 Act (if the payment is a 23 youth allowance); or 24 (iii) section 576A or 577 of the 1991 Act (if the payment is 25 an austudy payment); 26 37 After subsection 131(5) 27 Insert: 28 (5A) If: 29 (a) an adverse decision results in a serious failure period or an 30 unemployment non-payment period; and 31 (b) a declaration in relation to the decision ceases to have effect 32 under subsection (5); and Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 23 [Page Break] Part 2 Consequential amendments 1 (c) after the declaration ceases, the serious failure period or the 2 unemployment non-payment period, or the balance of that 3 period, remains to be served; 4 the period or the balance of the period continues from the day the 5 declaration ceases. 6 38 After paragraph 144(f) 7 Insert: 8 (fa) a decision under subsection 42P(3) of this Act; 9 39 After subsection 145(4) 10 Insert: 11 (4A) If: 12 (a) an adverse decision results in a serious failure period or an 13 unemployment non-payment period; and 14 (b) a declaration in relation to the decision ceases to have effect 15 under subsection (4); and 16 (c) after the declaration ceases, the serious failure period or the 17 unemployment non-payment period, or the balance of that 18 period, remains to be served; 19 the period or the balance of the period continues from the day the 20 declaration ceases. 21 40 After paragraph 192(d) 22 Insert: 23 (daa) the operation of Division 3A of Part 3; 24 41 Subclause 1(1) of Schedule 1 25 Insert: 26 connection failure has the meaning given by subsection 42E(1). 27 42 Subclause 1(1) of Schedule 1 28 Insert: 29 further reconnection requirement has the meaning given by 30 section 42J. 31 43 Subclause 1(1) of Schedule 1 24 Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 [Page Break] Consequential amend ments Part 2 1 Insert: 2 no show no pay failure has the meaning given by subsection 3 42C(1). 4 44 Subclause 1(1) of Schedule 1 5 Insert: 6 participation payment is any of the following payments that are 7 paid to a person: 8 (a) newstart allowance; 9 (b) if the person is neither undertaking full-time study (see 10 section 541B of the 1991 Act) nor is a new apprentice-- 11 youth allowance; 12 (c) if the person is subject to participation requirements-- 13 parenting payment; 14 (d) if the person is a nominated visa holder--special benefit. 15 45 Subclause 1(1) of Schedule 1 16 Insert: 17 penalty amount for a person for a no show no pay failure or a 18 reconnection failure means the amount worked out for the person 19 in accordance with the legislative instrument made under 20 section 42T. 21 46 Subclause 1(1) of Schedule 1 22 Insert: 23 reconnection failure has the meaning given by subsection 42H(1). 24 47 Subclause 1(1) of Schedule 1 25 Insert: 26 reconnection failure period has the meaning given by subsection 27 42H(4). 28 48 Subclause 1(1) of Schedule 1 29 Insert: 30 reconnection requirement has the meaning given by section 42G. Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 25 [Page Break] Part 2 Consequential amendments 1 49 Subclause 1(1) of Schedule 1 2 Insert: 3 serious failure has the meanings given by subsections 42M(1) and 4 42N(1). 5 50 Subclause 1(1) of Schedule 1 6 Insert: 7 serious failure period has the meaning given by subsection 42P(2). 8 51 Subclause 1(1) of Schedule 1 9 Insert: 10 serious failure requirement has the meaning given by subsection 11 42P(3). 12 52 Subclause 1(1) of Schedule 1 13 Insert: 14 unemployment non-payment period has the meaning given by 15 subsection 42S(3). 16 53 At the end of subclause 5(1A) of Schedule 2 17 Add: 18 Note: Clause 5A deals with the start day of parenting payment where one 19 member of a couple commits a serious failure or is unemployed as a 20 result of a voluntary act or misconduct. 21 54 After subclause 5(1A) of Schedule 2 22 Insert: 23 (1B) If the exclusion period to which a person is subject is a serious 24 failure period or an unemployment non-payment period, 25 subclause (1) applies only in relation to a start day for a 26 participation payment to the person. 27 55 After clause 5 of Schedule 2 28 Insert: 26 Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 [Page Break] Consequential amend ments Part 2 1 5A Start day for parenting payme nt whe re one membe r of a couple 2 commits a serious failure or is unemployed as a result of a 3 voluntary act or misconduct 4 If: 5 (a) one member of a couple is receiving parenting payment; and 6 (b) the other member of the couple is receiving a participation 7 payment; and 8 (c) either: 9 (i) the Secretary determines that the other member of the 10 couple commits a serious failure; or 11 (ii) the Secretary makes a determination under subsection 12 42S(1) (unemployment as a result of a voluntary act or 13 misconduct) in relation to the other member of the 14 couple; and 15 (d) the other member of the couple claims parenting payment; 16 then, the other member's start day under this Schedule in relation 17 to the parenting payment is the first day after the end of the 18 person's serious failure period or unemployment non-payment 19 period. 20 Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 27 [Page Break] Part 3 Application provision 1 2 Part 3--Application provision 3 56 Application of amendments 4 (1) The amendments made by this Schedule apply to failures, voluntary 5 acts or misconduct committed after the Schedule commences. 6 (2) If, immediately before the commencement of this Schedule, a payment 7 that would be a participation payment is not payable to a person under 8 section 500ZB, 500ZE, 550B, 551, 626, 629, 742 or 745 of the Social 9 Security Act 1991, that Act (as in force immediately before the 10 commencement) continues to apply, after that commencement, in 11 relation to the payment. 12 (3) Subject to subitem (4), if, immediately before the commencement of 13 this Schedule, a payment that would be a participation payment is not 14 payable to a person under section 500ZE, 551, 629 or 745 of the Social 15 Security Act 1991, section 42Q of the Social Security (Administration) 16 Act 1999 (as inserted by item 1 of this Schedule) applies, after that 17 commencement, as if the 8 week period referred to in section 500ZE, 18 551, 629 or 745 were a serious failure period. 19 (4) Section 42Q of the Social Security (Administration) Act 1999 (as 20 inserted by item 1 of this Schedule) does not apply in relation to a 21 person under subitem (3) if the person's participation payment is not 22 payable to the person under paragraph 500ZE(1)(b) or (c), 551(1)(b) or 23 (c), 629(1)(b) or (c) or 745(1)(b) or (c) of the Social Security Act 1991. 24 28 Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 [Page Break] 1 2 Schedule 2--Amendments relating to 3 employment pathway plans 4 5 Social Security Act 1991 6 1 Subsection 23(1) 7 Insert: 8 employment pathway plan means: 9 (a) a Parenting Payment Employment Pathway Plan; or 10 (b) a Youth Allowance Employment Pathway Plan; or 11 (c) a Newstart Employment Pathway Plan; or 12 (d) a Special Benefit Employment Pathway Plan. 13 2 Subsection 23(1) (definition of Parenting Payment Activity 14 Agreement) 15 Repeal the definition. 16 3 Subsection 23(1) (definition of Youth Allowance Activity 17 Agreement) 18 Repeal the definition. 19 4 Paragraph 500A(a) 20 Omit "Activity Agreement", substitute "Employment Pathway Plan". 21 5 Paragraph 500A(b) 22 Repeal the paragraph, substitute: 23 (b) while the plan is in force, the person must comply with the 24 requirements in the plan; 25 6 Paragraph 500A(c) 26 Omit "agreement" (wherever occurring), substitute "plan". 27 7 Division 2 of Part 2.10 of Chapter 2 (heading) 28 Repeal the heading, substitute: Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 29 [Page Break] 1 Division 2--Parenting Payment Employment Pathway 2 Plans 3 8 Subsection 501(1) 4 Omit "Activity Agreement", substitute "Employment Pathway Plan". 5 Note: The heading to section 501 is altered by omitting "Activity Agreements" and 6 substituting "Employment Pathway Plans". 7 9 Subsection 501(2) 8 Repeal the subsection, substitute: 9 (2) If a Parenting Payment Employment Pathway Plan is in force in 10 relation to a person, the Secretary may require the person to enter 11 into another plan instead of the existing one. 12 10 Subsection 501(5) 13 Omit "Activity Agreement", substitute "Employment Pathway Plan". 14 11 Paragraph 501(5)(b) 15 Omit "agreement", substitute "plan". 16 12 Subsection 501(6) 17 Repeal the subsection, substitute: 18 (6) A Parenting Payment Employment Pathway Plan must be in a form 19 approved by the Secretary. 20 13 Subsection 501A(1) 21 Repeal the subsection, substitute: 22 Suitable requirements 23 (1) Subject to subsections (2) and (3) and sections 501B to 501E, a 24 Parenting Payment Employment Pathway Plan that is in force in 25 relation to a person is to contain one or more terms (the 26 requirements) that: 27 (a) the person is required to comply with; and 28 (b) the Secretary regards as suitable for the person. 29 Note: The heading to section 501A is altered by omitting "Activity Agreement" and 30 substituting "Employment Pathway Plan". 30 Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 [Page Break] 1 14 Subsection 501A(2) 2 Omit "Activity Agreement", substitute "Employment Pathway Plan". 3 15 Subsection 501A(2) 4 Omit "agreement", substitute "plan". 5 16 Subsection 501A(3) 6 Omit "An agreement", substitute "A plan". 7 17 Subsection 501A(4) 8 Omit "agreements", substitute "plans". 9 18 Subsection 501A(4A) 10 Omit "agreement", substitute "plan". 11 19 After subsection 501A(4A) 12 Insert: 13 Optional terms 14 (4B) A plan may also contain one or more terms that the person may, 15 but is not required to, comply with. 16 20 Subsection 501A(5) 17 Repeal the subsection, substitute: 18 Approval of requirements 19 (5) The requirements in a plan are to be approved by the Secretary. 20 21 Subsection 501A(6) 21 Repeal the subsection, substitute: 22 (6) In considering whether to approve the requirements in a plan that 23 will be in force in relation to a person, the Secretary is to have 24 regard to: 25 (a) the person's capacity to comply with the requirements; and 26 (b) the person's needs. 27 22 Subsection 501A(7) Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 31 [Page Break] 1 Omit "an agreement", substitute "the requirements in a plan". 2 23 Paragraph 501A(7)(f) 3 Omit "for compliance with the agreement", substitute "to comply with 4 the requirements". 5 24 Paragraph 501A(7)(g) 6 Repeal the paragraph, substitute: 7 (g) the financial costs (such as travel costs) of complying with 8 the requirements, and the person's capacity to pay for such 9 costs; 10 25 Subsection 501A(8) 11 Omit "An agreement with", substitute "A plan that is in force in relation 12 to". 13 Note: The following heading to subsection 501A(8) is inserted "Variation, suspension, 14 cancellation and review". 15 26 Paragraphs 501A(8)(a) to (c) 16 Repeal the paragraphs, substitute: 17 (a) may be varied (in negotiation with the person) or suspended 18 by the Secretary; and 19 (b) must be cancelled by the Secretary if the person enters into 20 another Parenting Payment Employment Pathway Plan; and 21 (c) may be reviewed from time to time by the Secretary at the 22 request of the Secretary or the person; and 23 27 Subsection 501A(9) 24 Repeal the subsection, substitute: 25 Circumstances preventing or affecting compliance 26 (9) If a plan is in force in relation to a person, the person must notify 27 the Secretary of any circumstances preventing or affecting the 28 person's capacity to comply with the requirements in the plan. 29 28 Subsection 501B(1) 30 Omit "Activity Agreement", substitute "Employment Pathway Plan". 31 Note: The heading to section 501B is altered by omitting "Activity Agreements" and 32 substituting "Employment Pathway Plans". 32 Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 [Page Break] 1 29 Subsection 501C(1) 2 Omit "Activity Agreement", substitute "Employment Pathway Plan". 3 Note: The heading to section 501C is altered by omitting "Activity Agreements" and 4 substituting "Employment Pathway Plans". 5 30 Paragraph 501C(1)(a) 6 Omit "is between the Secretary and", substitute "is in force in relation 7 to". 8 31 Subsection 501D(1) 9 Omit "Activity Agreement between the Secretary and", substitute 10 "Employment Pathway Plan that is in force in relation to". 11 Note: The heading to section 501D is altered by omitting "Activity Agreements" and 12 substituting "Employment Pathway Plans". 13 32 Subsection 501D(2) 14 Omit "The Secretary may, by notice given to a person whom a 15 Parenting Payment Activity Agreement requires to participate in an 16 approved program of work for income support payment,", substitute "If 17 a Parenting Payment Employment Pathway Plan that is in force in 18 relation to a person requires the person to participate in an approved 19 program of work for income support payment, the Secretary may, by 20 notice given to the person,". 21 33 Subsection 501D(4) 22 Repeal the subsection, substitute: 23 (4) A person is not to be taken to be one of the following merely 24 because the person participates in an approved program of work for 25 income support payment, or undertakes an activity (other than 26 suitable paid work), in accordance with a term (including an 27 optional term) of a Parenting Payment Employment Pathway Plan 28 under this section: 29 (a) an employee within the meaning of section 9 of the 30 Occupational Health and Safety Act 1991; 31 (b) an employee within the meaning of section 5 of the Safety, 32 Rehabilitation and Compensation Act 1988; 33 (c) an employee for the purposes of the Superannuation 34 Guarantee (Administration) Act 1992; Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 33 [Page Break] 1 (d) an employee for the purposes of the Workplace Relations Act 2 1996. 3 34 Section 501E 4 Omit "Activity Agreement between the Secretary and", substitute 5 "Employment Pathway Plan that is in force in relation to". 6 Note: The heading to section 501E is altered by omitting "Activity Agreements--suspension 7 of agreements" and substituting "Employment Pathway Plans--suspension of 8 plans". 9 35 Subsection 502(2) 10 Omit "Activity Agreement between the Secretary and", substitute 11 "Employment Pathway Plan that is in force in re lation to". 12 36 Subsection 502(3) 13 Repeal the subsection, substitute: 14 (3) The person can be taken not to have complied with requirements 15 notified to the person under subsection (1) whether or not the 16 person has complied with: 17 (a) any requirement to enter into a Parenting Payment 18 Employment Pathway Plan; and 19 (b) the requirements in the plan. 20 37 Paragraph 502J(2)(a) 21 Omit "Activity Agreement", substitute "Employment Pathway Plan". 22 38 Paragraph 502J(2)(b) 23 Omit "an agreement", substitute "a plan". 24 39 Paragraph 540(c) 25 Omit "Activity Agreements", substitute "Employment Pathway Plans". 26 40 Paragraphs 540AB(3)(a) and (b) 27 Omit "Activity Agreement", substitute "Employment Pathway Plan". 28 41 Paragraph 541(1)(c) 29 Omit "terms of a Youth Allowance Activity Agreement", substitute 30 "requirements in a Youth Allowance Employment Pathway Plan". 34 Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 [Page Break] 1 42 Subsection 541(2A) 2 Omit "Activity Agreement between the Secretary and", substitute 3 "Employment Pathway Plan that is in force in relation to". 4 43 Paragraph 541A(b) 5 Omit "terms of a Youth Allowance Activity Agreement", substitute 6 "requirements in a Youth Allowance Employment Pathway Plan". 7 44 Paragraph 542BA(2)(a) 8 Omit "Activity Agreement but has failed to enter that agreement", 9 substitute "Employment Pathway Plan but has failed to enter that plan". 10 45 Paragraph 542BA(2)(b) 11 Omit "an agreement", substitute "a plan". 12 46 Subparagraph 542FB(4)(b)(i) 13 Omit "Activity Agreement but has failed to enter that agreement", 14 substitute "Employment Pathway Plan but has failed to enter that plan". 15 47 Subparagraph 542FB(4)(b)(ii) 16 Omit "an agreement", substitute "a plan". 17 48 Paragraph 543A(2)(c) 18 Omit "activity agreement", substitute "Employment Pathway Plan". 19 49 Subdivision E of Division 1 of Part 2.11 of Chapter 2 20 (heading) 21 Repeal the heading, substitute: 22 Subdivision E--Youth Allowance Employment Pathw ay Plans 23 50 Subsection 544(1) 24 Omit "Activity Agreements", substitute "Employment Pathway Plans". 25 Note: The heading to section 544 is altered by omitting "Activity Agreements" and 26 substituting "Employment Pathway Plans". 27 51 Paragraph 544(1)(a) 28 Omit "Activity Agreement", substitute "Employment Pathway Plan". Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 35 [Page Break] 1 52 Paragraphs 544(1)(b) and (c) 2 Repeal the paragraphs, substitute: 3 (b) while the plan is in force, the person must comply with the 4 requirements in the plan; and 5 (c) at all times when the plan is in force, the person must be 6 prepared to enter into another such plan instead of the 7 existing plan, if required to do so by the Secretary. 8 53 Paragraph 544(3)(b) 9 Omit "the person was a party to a Special Benefit Activity Agreement", 10 substitute "a Special Benefit Employment Pathway Plan was in force in 11 relation to the person". 12 54 Subsection 544(3) 13 Omit "agreement" (wherever occurring), substitute "plan". 14 55 Subsection 544(3) 15 Omit "Activity Agreement" (second occurring), substitute 16 "Employment Pathway Plan". 17 56 Paragraph 544(4)(b) 18 Omit "the person was a party to a Parenting Payment Activity 19 Agreement", substitute "a Parenting Payment Employment Pathway 20 Plan was in force in relation to the person". 21 57 Subsection 544(4) 22 Omit "agreement" (wherever occurring), substitute "plan". 23 58 Subsection 544(4) 24 Omit "Activity Agreement" (second occurring), substitute 25 "Employment Pathway Plan". 26 59 Subsection 544A(1) 27 Omit "Subject to this section, the Secretary may require a person who is 28 not a party to a Youth Allowance Activity Agreement to enter into such 29 an agreement if", substitute "If a Youth Allowance Employment 30 Pathway Plan is not in force in relation to a person, the Secretary may 31 require the person to enter into such a plan if". 36 Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 [Page Break] 1 Note 1: The heading to section 544A is altered by omitting "Activity Agreements" and 2 substituting "Employment Pathway Plans". 3 Note 2: The heading to subsection 544A(1) is altered by omitting "agreement" and substituting 4 "plan". 5 60 Subsections 544A(2) and (2A) 6 Omit "Activity Agreement", substitute "Employment Pathway Plan". 7 Note: The heading to subsection 544A(2) is altered by omitting "agreements" and substituting 8 "plans". 9 61 Subsection 544A(3) 10 Repeal the subsection, substitute: 11 Requirement to enter another plan 12 (3) If a Youth Allowance Employment Pathway Plan is in force in 13 relation to a person, the Secretary may require the person to enter 14 into another plan instead of the existing one. 15 62 Subsection 544A(4) 16 Omit "Activity Agreement", substitute "Employment Pathway Plan". 17 63 Paragraph 544A(4)(b) 18 Omit "agreement", substitute "plan". 19 64 Subsection 544A(5) 20 Repeal the subsection, substitute: 21 Form of plan 22 (5) A Youth Allowance Employment Pathway Plan must be in a form 23 approved by the Secretary. 24 65 Subsection 544B(1) 25 Repeal the subsection, substitute: 26 Suitable requirements 27 (1) Subject to sections 544C and 544D, a Youth Allowance 28 Employment Pathway Plan that is in force in relation to a person is 29 to contain one or more terms (the requirements) that: Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 37 [Page Break] 1 (a) the person is required to comply with; and 2 (b) the Secretary regards as suitable for the person. 3 Note: The heading to section 544B is altered by omitting "Activity Agreements" and 4 substituting "Employment Pathway Plans". 5 66 Subsection 544B(1A) 6 Repeal the subsection, substitute: 7 (1A) A plan must not contain a requirement of a kind that the Secretary 8 determines under subsection (1B). 9 67 Subsection 544B(1B) 10 Repeal the subsection, substitute: 11 (1B) The Secretary must determine, by legislative instrument, kinds of 12 requirements that plans must not contain. 13 68 Subsection 544B(1C) 14 Omit "agreement", substitute "plan". 15 69 After subsection 544B(1C) 16 Insert: 17 Optional terms 18 (1D) A plan may also contain one or more terms that the person may, 19 but is not required to, comply with. 20 70 Subsection 544B(2) 21 Repeal the subsection, substitute: 22 Approval of requirements 23 (2) The requirements in a plan are to be approved by the Secretary. 24 71 Subsection 544B(3) 25 Repeal the subsection, substitute: 26 (3) In considering whether to approve the requirements in a plan that 27 will be in force in relation to a person, the Secretary is to have 28 regard to: 38 Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 [Page Break] 1 (a) the person's capacity to comply with the requirements; and 2 (b) the person's needs. 3 72 Subsection 544B(4) 4 Omit "an agreement", substitute "the requirements in a plan". 5 73 Paragraph 544B(4)(e) 6 Omit "for compliance with the agreement", substitute "to comply with 7 the requirements". 8 74 Paragraph 544B(4)(f) 9 Repeal the paragraph, substitute: 10 (f) the financial costs (such as travel costs) of complying with 11 the requirements, and the person's capacity to pay for such 12 costs; and 13 75 Subsection 544B(5) 14 Omit "An agreement with", substitute "A plan that is in force in relation 15 to". 16 76 Paragraph 544B(5)(b) 17 Repeal the paragraph, substitute: 18 (b) must be cancelled by the Secretary if the person enters into 19 another Youth Allowance Employment Pathway Plan; and 20 77 Paragraph 544B(5)(c) 21 Omit "either party to the agreement", substitute "the Secretary or the 22 person". 23 78 Subsection 544B(6) 24 Repeal the subsection, substitute: 25 Circumstances preventing or affecting compliance 26 (6) If a plan is in force in relation to a person, the person must notify 27 the Secretary of any circumstances preventing or affecting the 28 person's capacity to comply with the requirements in the plan. 29 79 Subsection 544B(7) Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 39 [Page Break] 1 Omit "Activity Agreement with", substitute "Employment Pathway 2 Plan that is in force in relation to". 3 80 Subsection 544B(7A) 4 Omit "The Secretary may, by notice given to a person whom a Youth 5 Allowance Activity Agreement requires to participate in an approved 6 program of work for income support payment,", substitute "If a Youth 7 Allowance Employment Pathway Plan that is in force in relation to a 8 person requires the person to participate in an approved program of 9 work for income support payment, the Secretary may, by notice given 10 to the person,". 11 81 Subsection 544B(8) 12 Repeal the subsection, substitute: 13 Activities that do not give rise to employment under certain 14 industrial relations legislation 15 (8) A person is not to be taken to be one of the following merely 16 because the person participates in an approved program of work for 17 income support payment, or undertakes an activity (other than 18 suitable paid work), in accordance with a term (including an 19 optional term) of a Youth Allowance Employment Pathway Plan 20 under this section: 21 (a) an employee within the meaning of section 9 of the 22 Occupational Health and Safety Act 1991; 23 (b) an employee within the meaning of section 5 of the Safety, 24 Rehabilitation and Compensation Act 1988; 25 (c) an employee for the purposes of the Superannuation 26 Guarantee (Administration) Act 1992; 27 (d) an employee for the purposes of the Workplace Relations Act 28 1996. 29 82 Subsection 544C(1) 30 Omit "Activity Agreement", substitute "Employment Pathway Plan". 31 Note: The heading to section 544C is altered by omitting "Activity Agreements" and 32 substituting "Employment Pathway Plans". 33 83 Paragraph 544C(1)(a) 40 Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 [Page Break] 1 Omit "is between the Secretary and", substitute "is in force in relation 2 to". 3 84 Subsection 544D(1) 4 Omit "Activity Agreement", substitute "Employment Pathway Plan". 5 Note: The heading to section 544D is altered by omitting "Activity Agreements" and 6 substituting "Employment Pathway Plans". 7 85 Paragraph 544D(1)(a) 8 Omit "is between the Secretary and", substitute "is in force in relation 9 to". 10 86 Section 544E 11 Omit "Activity Agreement between the Secretary and", substitute 12 "Employment Pathway Plan that is in force in relation to". 13 Note: The heading to section 544E is altered by omitting "Activity Agreements--suspension 14 of agreements" and substituting "Employment Pathway Plans--suspension of 15 plans". 16 87 Subparagraph 547AA(1)(b)(ii) 17 Omit "Activity Agreement", substitute "Employment Pathway Plan". 18 88 Paragraph 556A(d) 19 Omit "the terms of a Youth Allowance Activity Agreement to which the 20 person is subject", substitute "a requirement in a Youth Allowance 21 Employment Pathway Plan that is in force in relation to the person". 22 89 Paragraph 593(1)(c) 23 Omit "the person is not a party to a Newstart Activity Agreement", 24 substitute "a Newstart Employment Pathway Plan is not in force in 25 relation to the person". 26 90 Paragraph 593(1)(c) 27 Omit "an agreement", substitute "a plan". 28 91 Paragraph 593(1)(d) 29 Omit "the person is a party to a Newstart Activity Agreement", 30 substitute "a Newstart Employment Pathway Plan is in force in relation 31 to the person". Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 41 [Page Break] 1 92 Paragraph 593(1)(d) 2 Omit "agreement" (wherever occurring), substitute "plan". 3 93 Paragraph 593(1)(e) 4 Omit "Activity Agreement", substitute "Employment Pathway Plan". 5 94 Paragraph 593(1)(e) 6 Omit "agreement", substitute "plan". 7 95 Paragraph 593(1)(f) 8 Omit "agreement" (first occurring), substitute "plan". 9 96 Paragraph 593(1)(f) 10 Omit "terms of the agreement", substitute "requirements in the plan". 11 97 Subsection 593(1) (note 3) 12 Omit "Activity Agreement", substitute "Employment Pathway Plan". 13 98 Paragraphs 593(1F)(a) and (b) 14 Omit "Activity Agreement", substitute "Employment Pathway Plan". 15 99 Subsection 595(2) 16 Omit "Activity Agreement", substitute "Employment Pathway Plan". 17 100 Paragraph 595(3)(a) 18 Omit "Newstart Activity Agreement", substitute "requirement in a 19 Newstart Employment Pathway Plan". 20 101 Subsection 601(1B) 21 Omit "Activity Agreement between the Secretary and", substitute 22 "Employment Pathway Plan that is in force in relation to". 23 102 Subsection 601(4) 24 Omit "terms of a Newstart Activity Agreement between the Secretary 25 and", substitute "requirements in a Newstart Employment Pathway Plan 26 that is in force in relation to". 27 103 Subsection 601(5) 42 Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 [Page Break] 1 Omit "the terms of a Newstart Activity Agreement between the 2 Secretary and", substitute "a requirement in a Newstart Employment 3 Pathway Plan that is in force in relation to". 4 104 Paragraph 603(3)(c) 5 Omit "Activity Agreement", substitute "Employment Pathway Plan". 6 105 Paragraph 603(3)(c) 7 Omit "agreement", substitute "plan". 8 106 Paragraph 603(3)(d) 9 Omit "an agreement", substitute "a plan". 10 107 Subsection 603(4) 11 Omit "Activity Agreement", substitute "Employment Pathway Plan". 12 108 Paragraph 603D(2)(a) 13 Omit "Activity Agreement", substitute "Employment Pathway Plan". 14 109 Paragraph 603D(2)(b) 15 Omit "an agreement", substitute "a plan". 16 110 Subdivision C of Division 1 of Part 2.12 of Chapter 2 17 (heading) 18 Repeal the heading, substitute: 19 Subdivision C--Newstart Employment Pathway Plans 20 111 Subsection 605(1) 21 Omit "Subject to this section, the Secretary may require a person who is 22 not a party to a Newstart Activity Agreement to enter into such an 23 agreement if", substitute "If a Newstart Employment Pathway Plan is 24 not in force in relation to a person, the Secretary may require the person 25 to enter into such a plan if". 26 Note: The heading to section 605 is altered by omitting "Activity Agreements" and 27 substituting "Employment Pathway Plans". 28 112 Subsection 605(2) 29 Repeal the subsection, substitute: Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 43 [Page Break] 1 (2) If a Newstart Employment Pathway Plan is in force in relation to a 2 person, the Secretary may require the person to enter into another 3 plan instead of the existing one. 4 113 Subsection 605(3) 5 Omit "Activity Agreement", substitute "Employment Pathway Plan". 6 114 Paragraph 605(3)(b) 7 Omit "agreement", substitute "plan". 8 115 Subsection 605(4) 9 Repeal the subsection, substitute: 10 (4) A Newstart Employment Pathway Plan must be in a form approved 11 by the Secretary. 12 116 Paragraph 605(5)(b) 13 Omit "the person was a party to a Parenting Payment Activity 14 Agreement", substitute "a Parenting Payment Employment Pathway 15 Plan was in force in relation to the person". 16 117 Subsection 605(5) 17 Omit "agreement" (wherever occurring), substitute "plan". 18 118 Subsection 605(5) 19 Omit "Newstart Activity Agreement", substitute "Newstart 20 Employment Pathway Plan". 21 119 Paragraph 605(6)(b) 22 Omit "the person was a party to a Youth Allowance Activity 23 Agreement", substitute "a Youth Allowance Employment Pathway Plan 24 was in force in relation to the person". 25 120 Subsection 605(6) 26 Omit "agreement" (wherever occurring), substitute "plan". 27 121 Subsection 605(6) 28 Omit "Newstart Activity Agreement", substitute "Newstart 29 Employment Pathway Plan". 44 Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 [Page Break] 1 122 Paragraph 605(7)(b) 2 Omit "the person was a party to a Special Benefit Activity Agreement", 3 substitute "a Special Benefit Employment Pathway Plan was in force in 4 relation to the person". 5 123 Subsection 605(7) 6 Omit "agreement" (wherever occurring), substitute "plan". 7 124 Subsection 605(7) 8 Omit "Newstart Activity Agreement", substitute "Newstart 9 Employment Pathway Plan". 10 125 Subsection 606(1) 11 Repeal the subsection, substitute: 12 Suitable requirements 13 (1) Subject to sections 607 to 607B, a Newstart Employment Pathway 14 Plan that is in force in relation to a person is to contain one or more 15 terms (the requirements) that: 16 (a) the person is required to comply with; and 17 (b) the Secretary regards as suitable for the person. 18 Note: The heading to section 606 is altered by omitting "Activity Agreements" and 19 substituting "Employment Pathway Plans". 20 126 Subsection 606(1A) 21 Omit "an agreement", substitute "a plan". 22 127 Subsection 606(1B) 23 Omit "agreements", substitute "plans". 24 128 Subsection 606(1C) 25 Omit "agreement", substitute "plan". 26 129 After subsection 606(1C) 27 Insert: Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 45 [Page Break] 1 Optional terms 2 (1D) A plan may also contain one or more terms that the person may, 3 but is not required to, comply with. 4 130 Subsections 606(2) and (3) 5 Repeal the subsections, substitute: 6 Approval of requirements 7 (2) The requirements in a plan are to be approved by the Secretary. 8 (3) In considering whether to approve the requirements in a plan that 9 will be in force in relation to a person, the Secretary is to have 10 regard to: 11 (a) the person's capacity to comply with the requirements; and 12 (b) the person's needs. 13 131 Subsection 606(4) 14 Omit "an agreement", substitute "the requirements in a plan". 15 132 Paragraph 606(4)(e) 16 Omit "for compliance with the agreement", substitute "to comply with 17 the requirements". 18 133 Paragraph 606(4)(f) 19 Repeal the paragraph, substitute: 20 (f) the financial costs (such as travel costs) of complying with 21 the requirements, and the person's capacity to pay for such 22 costs; and 23 134 Subsection 606(5) 24 Omit "An agreement with", substitute "A plan that is in force in relation 25 to". 26 Note: The following heading to subsection 606(5) is inserted "Variation, suspension, 27 cancellation and review". 28 135 Paragraphs 606(5)(a) to (c) 29 Repeal the paragraphs, substitute: 46 Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 [Page Break] 1 (a) may be varied (in negotiation with the person) or suspended 2 by the Secretary; and 3 (b) must be cancelled by the Secretary if the person enters into 4 another Newstart Employment Pathway Plan; and 5 (c) may be reviewed from time to time by the Secretary at the 6 request of the Secretary or the person; and 7 136 Subsection 606(6) 8 Repeal the subsection, substitute: 9 Circumstances preventing or affecting compliance 10 (6) If a plan is in force in relation to a person, the person must notify 11 the Secretary of any circumstances preventing or affecting the 12 person's capacity to comply with the requirements in the plan. 13 137 Subsection 607(1) 14 Omit "Activity Agreement", substitute "Employment Pathway Plan". 15 Note: The heading to section 607 is altered by omitting "Activity Agreements" and 16 substituting "Employment Pathway Plans". 17 138 Paragraph 607(1)(a) 18 Omit "is between the Secretary and", substitute "is in force in relation 19 to". 20 139 Subsection 607A(1) 21 Omit "Activity Agreement", substitute "Employment Pathway Plan". 22 Note: The heading to section 607A is altered by omitting "Activity Agreements" and 23 substituting "Employment Pathway Plans". 24 140 Paragraph 607A(1)(a) 25 Omit "is between the Secretary and", substitute "is in force in relation 26 to". 27 141 Subsection 607B(1) 28 Omit "Activity Agreement between the Secretary and", substitute 29 "Employment Pathway Plan that is in force in relation to". 30 Note: The heading to section 607B is altered by omitting "Activity Agreements" and 31 substituting "Employment Pathway Plans". Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 47 [Page Break] 1 142 Subsection 607B(2) 2 Omit "The Secretary may, by notice given to a person whom a Newstart 3 Activity Agreement requires to participate in an approved program of 4 work for income support payment,", substitute "If a Newstart 5 Employment Pathway Plan that is in force in relation to a person 6 requires the person to participate in an approved program of work for 7 income support payment, the Secretary may, by notice given to the 8 person,". 9 143 Section 607C 10 Omit "Activity Agreement between the Secretary and", substitute 11 "Employment Pathway Plan that is in force in relation to". 12 Note: The heading to section 607C is altered by omitting "Activity Agreements--suspension 13 of agreements" and substituting "Employment Pathway Plans--suspension of 14 plans". 15 144 Paragraph 613(2)(b) 16 Omit "Activity Agreement", substitute "Employment Pathway Plan". 17 145 Subsection 613(2) (note 1) 18 Omit "Activity Agreement", substitute "Employment Pathway Plan". 19 146 Subparagraph 615(1)(b)(ii) 20 Omit "Activity Agreement", substitute "Employment Pathway Plan". 21 147 Subdivision GA of Division 1 of Part 2.12 of Chapter 2 22 Repeal the Subdivision, substitute: 23 Subdivision GA--Activities that do not give rise to employment 24 under certain industrial relations legislation 25 631C Activities that do not give rise to employment under certain 26 industrial relations legislation 27 A person is not to be taken to be one of the following merely 28 because the person participates in an approved program of work for 29 income support payment, or undertakes an activity (other than 30 suitable paid work), in accordance with a term (including an 31 optional term) of a Newstart Employment Pathway Plan under 32 section 606: 48 Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 [Page Break] 1 (a) an employee within the meaning of section 9 of the 2 Occupational Health and Safety Act 1991; 3 (b) an employee within the meaning of section 5 of the Safety, 4 Rehabilitation and Compensation Act 1988; 5 (c) an employee for the purposes of the Superannuation 6 Guarantee (Administration) Act 1992; 7 (d) an employee for the purposes of the Workplace Relations Act 8 1996. 9 148 Paragraph 644AAA(d) 10 Omit "the terms of a Newstart Activity Agreement to which the person 11 is subject", substitute "a requirement in a Newstart Employment 12 Pathway Plan that is in force in relation to the person". 13 149 Subparagraph 665U(1)(c)(ii) 14 Omit "Newstart Activity Agreement", substitute "requirement in a 15 Newstart Employment Pathway Plan". 16 150 Subparagraph 729(2)(da)(ii) 17 Omit "Activity Agreements", substitute "Employment Pathway Plans". 18 151 Paragraph 729(2B)(b) 19 Omit "the person is not a party to a Special Benefit Activity 20 Agreement", substitute "a Special Benefit Employment Pathway Plan is 21 not in force in relation to the person". 22 152 Paragraph 729(2B)(b) 23 Omit "an agreement", substitute "a plan". 24 153 Paragraph 729(2B)(c) 25 Omit "the person is a party to a Special Benefit Activity Agreement", 26 substitute "a Special Benefit Employment Pathway Plan is in force in 27 relation to the person". 28 154 Paragraph 729(2B)(c) 29 Omit "agreement" (wherever occurring), substitute "plan". 30 155 Paragraph 729(2B)(d) 31 Omit "Activity Agreement", substitute "Employment Pathway Plan". Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 49 [Page Break] 1 156 Paragraph 729(2B)(d) 2 Omit "agreement", substitute "plan". 3 157 Paragraph 729(2B)(e) 4 Omit "Activity Agreement is in force", substitute "Employment 5 Pathway Plan is in force in relation to the person". 6 158 Paragraph 729(2B)(e) 7 Omit "terms of the agreement", substitute "requirements in the plan". 8 159 Subsection 731A(8) 9 Omit "Activity Agreement between the Secretary and", substitute 10 "Employment Pathway Plan that is in force in relation to". 11 160 Subsection 731A(11) 12 Omit "terms of a Special Benefit Activity Agreement between the 13 Secretary and", substitute "requirements in a Special Benefit 14 Employment Pathway Plan that is in force in relation to". 15 161 Subsection 731A(12) 16 Omit "the terms of a Special Benefit Activity Agreement between the 17 Secretary and", substitute "a requirement in a Special Benefit 18 Employment Pathway Plan that is in force in relation to". 19 162 Subparagraph 731DC(4)(b)(i) 20 Omit "Activity Agreement", substitute "Employment Pathway Plan". 21 163 Subparagraph 731DC(4)(b)(i) 22 Omit "agreement", substitute "plan". 23 164 Subparagraph 731DC(4)(b)(ii) 24 Omit "an agreement", substitute "a plan". 25 165 Paragraph 731KA(2)(a) 26 Omit "Activity Agreement", substitute "Employment Pathway Plan". 27 166 Paragraph 731KA(2)(a) 28 Omit "agreement", substitute "plan". 50 Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 [Page Break] 1 167 Paragraph 731KA(2)(b) 2 Omit "an agreement", substitute "a plan". 3 168 Subdivision AB of Division 1 of Part 2.15 of Chapter 2 4 (heading) 5 Repeal the heading, substitute: 6 Subdivision AB--Special Benefit Employment Pathway Plans 7 for persons who are nominated visa holders 8 169 Subsection 731L(1) 9 Omit "Activity Agreement", substitute "Employment Pathway Plan". 10 Note: The heading to section 731L is altered by omitting "Activity Agreements" and 11 substituting "Employment Pathway Plans". 12 170 Subsection 731L(2) 13 Repeal the subsection, substitute: 14 (2) If a Special Benefit Employment Pathway Plan is in force in 15 relation to a person, the Secretary may require the person to enter 16 into another plan instead of the existing one. 17 171 Subsection 731L(4) 18 Omit "Activity Agreement", substitute "Employment Pathway Plan". 19 172 Paragraph 731L(4)(b) 20 Omit "agreement", substitute "plan". 21 173 Subsection 731L(5) 22 Repeal the subsection, substitute: 23 (5) A Special Benefit Employment Pathway Plan must be in a form 24 approved by the Secretary. 25 174 Subsection 731M(1) 26 Repeal the subsection, substitute: Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 51 [Page Break] 1 Suitable requirements 2 (1) Subject to subsection (2) and to sections 731N to 731Q, a Special 3 Benefit Employment Pathway Plan that is in force in relation to a 4 person is to contain one or more terms (the requirements) that: 5 (a) the person is required to comply with; and 6 (b) the Secretary regards as suitable for the person. 7 Note: The heading to section 731M is altered by omitting "Activity Agreements" and 8 substituting "Employment Pathway Plans". 9 175 Subsection 731M(1A) 10 Repeal the subsection, substitute: 11 (1A) A plan must not contain a requirement of a kind that the Secretary 12 determines under subsection (1B). 13 176 Subsection 731M(1B) 14 Omit "activities that agreements must not require persons to undertake", 15 substitute "requirements that plans must not contain". 16 177 Subsection 731M(1C) 17 Omit "agreement", substitute "plan". 18 178 Subsection 731M(2) 19 Omit "An agreement", substitute "A plan". 20 179 After subsection 731M(2) 21 Insert: 22 Optional terms 23 (2A) A plan may also contain one or more terms that the person may, 24 but is not required to, comply with. 25 180 Subsection 731M(3) 26 Repeal the subsection, substitute: 27 Approval of requirements 28 (3) The requirements in a plan are to be approved by the Secretary. 52 Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 [Page Break] 1 181 Subsection 731M(4) 2 Repeal the subsection, substitute: 3 (4) In considering whether to approve the requirements in a plan that 4 will be in force in relation to a person, the Secretary is to have 5 regard to: 6 (a) the person's capacity to comply with the requirements; and 7 (b) the person's needs. 8 182 Subsection 731M(5) 9 Omit "an agreement", substitute "the requirements in a plan". 10 183 Paragraph 731M(5)(e) 11 Omit "for compliance with the agreement", substitute "to comply with 12 the requirements". 13 184 Paragraph 731M(5)(f) 14 Repeal the paragraph, substitute: 15 (f) the financial costs (such as travel costs) of complying with 16 the requirements, and the person's capacity to pay for such 17 costs; 18 185 Subsection 731M(6) 19 Omit "An agreement with", substitute "A plan that is in force in relation 20 to". 21 Note: The following heading to subsection 731M (6) is inserted "Variation, suspension, 22 cancellation and review". 23 186 Paragraphs 731M(6)(a) to (c) 24 Repeal the paragraphs, substitute: 25 (a) may be varied (in negotiation with the person) or suspended 26 by the Secretary; and 27 (b) must be cancelled by the Secretary if the person enters into 28 another Special Benefit Employment Pathway Plan; and 29 (c) may be reviewed from time to time by the Secretary at the 30 request of the Secretary or the person; and 31 187 Subsection 731M(7) 32 Repeal the subsection, substitute: Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 53 [Page Break] 1 Circumstances preventing or affecting compliance 2 (7) If a plan is in force in relation to a person, the person must notify 3 the Secretary of any circumstances preventing or affecting the 4 person's capacity to comply with the requirements in the plan. 5 188 Subsection 731N(1) 6 Omit "Activity Agreement", substitute "Employment Pathway Plan". 7 Note: The heading to section 731N is altered by omitting "Activity Agreements" and 8 substituting "Employment Pathway Plans". 9 189 Paragraph 731N(1)(a) 10 Omit "is between the Secretary and", substitute "is in force in relation 11 to". 12 190 Subsection 731P(1) 13 Omit "Activity Agreement", substitute "Employment Pathway Plan". 14 Note: The heading to section 731P is altered by omitting "Activity Agreements" and 15 substituting "Employment Pathway Plans". 16 191 Paragraph 731P(1)(a) 17 Omit "is between the Secretary and", substitute "is in force in relation 18 to". 19 192 Subsection 731Q(1) 20 Omit "The Secretary may, by notice given to a person whom a Special 21 Benefit Activity Agreement requires to participate in an approved 22 program of work for income support payment,", substitute "If a Special 23 Benefit Employment Pathway Plan that is in force in relation to a 24 person requires the person to participate in an approved program of 25 work for income support payment, the Secretary may, by notice given 26 to the person,". 27 Note: The heading to section 731Q is altered by omitting "Activity Agreements" and 28 substituting "Employment Pathway Plans". 29 193 Section 731R 30 Omit "Activity Agreement between the Secretary and", substitute 31 "Employment Pathway Plan that is in force in relation to". 32 Note: The heading to section 731R is altered by omitting "Activity Agreements--suspension 33 of agreements" and substituting "Employment Pathway Plans--suspension of 34 plans". 54 Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 [Page Break] 1 194 Paragraph 737(3)(b) 2 Omit "Activity Agreement", substitute "Employment Pathway Plan". 3 195 Subdivision E of Division 1 of Part 2.15 of Chapter 2 4 Repeal the Subdivision, substitute: 5 Subdivision E--Activities that do not give rise to employment 6 under certain industrial relations legislation 7 745L Activities that do not give rise to employment unde r certain 8 industrial relations legislation 9 A person who is a nominated visa holder is not to be taken to be 10 one of the following merely because the person participates in an 11 approved program of work for income support payment, or 12 undertakes an activity (other than suitable paid work), in 13 accordance with a term (including an optional term) of a Special 14 Benefit Employment Pathway Plan under section 731M: 15 (a) an employee within the meaning of section 9 of the 16 Occupational Health and Safety Act 1991; 17 (b) an employee within the meaning of section 5 of the Safety, 18 Rehabilitation and Compensation Act 1988; 19 (c) an employee for the purposes of the Superannuation 20 Guarantee (Administration) Act 1992; 21 (d) an employee for the purposes of the Workplace Relations Act 22 1996. 23 196 Paragraph 747(d) 24 Omit "the terms of a Special Benefit Activity Agreement to which the 25 person is subject", substitute "a requirement in a Special Benefit 26 Employment Pathway Plan that is in force in relation to the person". 27 197 Subparagraphs 1035A(3)(b)(ii) and (6)(b)(ii) 28 After "and the person", insert ", or an employment pathway plan that is 29 in force in relation to the person,". 30 198 Subparagraph 1046(2)(b)(iv) 31 After "and the person", insert "or an employment pathway plan that is 32 in force in relation to the person". Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 55 [Page Break] 1 199 Subparagraph 1061ZAAA(1)(b)(ii) 2 Omit "Activity Agreement", substitute "Employment Pathway Plan". 3 Social Security (Administration) Act 1999 4 200 Subparagraphs 140(1)(a)(i) and (ii) 5 Omit "Activity Agreement", substitute "Employment Pathway Plan ". 6 201 Paragraphs 140(1)(aa) and (b) 7 Omit "Activity Agreement", substitute "Employment Pathway Plan ". 8 202 Section 143 9 Omit "Activity Agreement" (wherever occurring), substitute 10 "Employment Pathway Plan". 11 203 Subsection 149(5) 12 Omit "Activity Agreement" (wherever occurring), substitute 13 "Employment Pathway Plan". 14 204 Paragraphs 150(aa), (b), (c) and (ca) 15 Omit "Activity Agreement", substitute "Employment Pathway Plan". 16 Note: The heading to section 150 is altered by omitting "Activity Agreement" and 17 substituting "Employment Pathway Plan". 18 205 Subsection 151(4) 19 Omit "Activity Agreement" (wherever occurring), substitute 20 "Employment Pathway Plan". 21 206 Subsection 152(6) 22 Omit "Activity Agreement" (wherever occurring), substitute 23 "Employment Pathway Plan". 24 Note: The heading to section 152 is altered by omitting "Activity Agreement" and 25 substituting "Employment Pathway Plan". 26 207 Subsection 153(1) 27 Omit "Activity Agreement" (wherever occurring), substitute 28 "Employment Pathway Plan". 29 Note: The heading to section 153 is altered by omitting "Activity Agreement" and 30 substituting "Employment Pathway Plan". 56 Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 [Page Break] 1 208 Saving of activity agreements 2 (1) This item applies to an activity agreement of a kind referred to in 3 column 1 of the table in subitem (2) that was in force immediately 4 before the commencement of this item. 5 (2) The activity agreement has effect, after the commencement of this item, 6 as if it were an employment pathway plan of the kind referred to in the 7 corresponding table item in column 2 of the table. 8 Acti vi ty agreements in force i mmediately before commencement Item Column 1 Column 2 1 Parenting Pay ment Parenting Pay ment Employ ment Pathway Plan Activity Agreement 2 Youth Allowance Youth Allowance Emp loyment Pathway Plan Activity Agreement 3 Newstart Activity Newstart Employ ment Pathway Plan Agreement 4 Special Benefit Special Benefit Emp loy ment Pathway Plan Activity Agreement 9 Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 57 [Page Break] and newstart allowance 1 2 Schedule 3--Personal Support Programme 3 and exemptions relating to youth 4 allowance and newstart allowance 5 6 Social Security Act 1991 7 1 Subsection 23(1) (definition of PSP) 8 Repeal the definition. 9 2 Subsection 541(1A) 10 Repeal the subsection. 11 3 Paragraph 541(2B)(a) 12 Omit "or (1A)". 13 4 Subsection 549A(5) 14 Repeal the subsection, substitute: 15 Exemption--person undertaking specified activity 16 (5) Subsection (1) does not apply to a person who: 17 (a) is undertaking an activity specified in an instrument made 18 under subsection (6); and 19 (b) has been exempted from the application of subsection (1) by 20 the Secretary. 21 (6) The Secretary may, by legislative instrument, specify activities for 22 the purpose of paragraph (5)(a). 23 5 Subsection 553B(2) 24 Repeal the subsection, substitute: 25 Exemption for person undertaking specified activity 26 (2) Subsection (1) does not apply to a person who: 27 (a) is undertaking an activity specified in an instrument made 28 under subsection (2A); and 58 Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 [Page Break] allo wance Schedule 3 1 (b) has been exempted from the application of subsection (1) by 2 the Secretary. 3 (2A) The Secretary may, by legislative instrument, specify activities for 4 the purpose of paragraph (2)(a). 5 6 Subsection 553C(4) 6 Repeal the subsection, substitute: 7 Exemption for person undertaking specified activity 8 (4) Subsection (2) does not apply to a person who: 9 (a) is undertaking an activity specified in an instrument made 10 under subsection (5); and 11 (b) has been exempted from the application of subsection (2) by 12 the Secretary. 13 (5) The Secretary may, by legislative instrument, specify activities for 14 the purpose of paragraph (4)(a). 15 7 Subsection 598(8) 16 Repeal the subsection, substitute: 17 (8) Subsection (1) does not apply to a person who: 18 (a) is undertaking an activity specified in an instrument made 19 under subsection (8A); and 20 (b) has been exempted from the application of subsection (1) by 21 the Secretary. 22 (8A) The Secretary may, by legislative instrument, specify activities for 23 the purpose of paragraph (8)(a). 24 8 Paragraph 601(2)(a) 25 Omit ", (4) or (6A)", substitute "or (4)". 26 9 Subsection 601(6A) 27 Repeal the subsection. 28 10 At the end of subsection 620(1) 29 Add: Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 59 [Page Break] and newstart allowance 1 Note: For in severe financial hardship, see subsection 19C(2) (person who 2 is not a member of a couple) and subsection 19C(3) (person who is a 3 member of a couple). 4 11 Subsection 620(2) 5 Repeal the subsection, substitute: 6 (2) Subsection (1) does not apply to a person who: 7 (a) is undertaking an activity specified in an instrument made 8 under subsection (3); and 9 (b) has been exempted from the application of subsection (1) by 10 the Secretary. 11 (3) The Secretary may, by legislative instrument, specify activities for 12 the purpose of paragraph (2)(a). 13 12 Subsection 633(4) 14 Repeal the subsection, substitute: 15 (4) Subsection (2) does not apply to a person who: 16 (a) is undertaking an activity specified in an instrument made 17 under subsection (5); and 18 (b) has been exempted from the application of subsection (2) by 19 the Secretary. 20 (5) The Secretary may, by legislative instrument, specify activities for 21 the purpose of paragraph (4)(a). 22 13 Subsection 634(2) 23 Repeal the subsection, substitute: 24 (2) Subsection (1) does not apply to a person who: 25 (a) is undertaking an activity specified in an instrument made 26 under subsection (2A); and 27 (b) has been exempted from the application of subsection (1) by 28 the Secretary. 29 (2A) The Secretary may, by legislative instrument, specify activities for 30 the purpose of paragraph (2)(a). 31 60 Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 [Page Break] 1 2 Schedule 4--Other amendments 3 4 Social Security Act 1991 5 1 Subsection 23(1) (paragraph (b) of the definition of 6 transitional DSP applicant) 7 Omit "or 64(2)", substitute "or (4)". 8 2 Paragraph 541(1)(b) 9 Omit "person); or", substitute "person).". 10 3 Paragraph 541(1)(c) 11 Repeal the paragraph. 12 4 After subsection 541(1) 13 Insert: 14 Persons who comply with Employment Pathway Plan 15 (1AA) Subject to section 541A and subsection (3) of this section, a person 16 also satisfies the activity test in respect of a period if: 17 (a) throughout the period, the person complies with the terms of 18 a Youth Allowance Employment Pathway Plan that is in 19 force in relation to the person; and 20 (b) either: 21 (i) the person is included in a class of persons specified in 22 an instrument made under subsection (1AB); or 23 (ii) the Secretary determines that the person should be taken 24 to satisfy the activity test in respect of that period. 25 (1AB) The Secretary may, by legislative instrument, specify classes of 26 persons for the purposes of subparagraph (1AA)(b)(i). 27 5 Paragraph 541(2B)(a) 28 After "(1)", insert "or (1AA)". 29 6 Subparagraph 550(1)(a)(i) 30 Omit "or 64(2)", substitute "or (4)". Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 61 [Page Break] 1 7 Subparagraph 576(1)(a)(i) 2 Omit "or 64(2)", substitute "or (4)". 3 8 Subsection 601(4) 4 Repeal the subsection, substitute: 5 (4) A person also satisfies the activity test in respect of a period if: 6 (a) throughout the period, the person complies with the terms of 7 a Newstart Employment Pathway Plan that is in force in 8 relation to the person; and 9 (b) either: 10 (i) the person is included in a class of persons specified in 11 an instrument made under subsection (4A); or 12 (ii) the Secretary determines that the person should be taken 13 to satisfy the activity test in respect of that period. 14 (4A) The Secretary may, by legislative instrument, specify classes of 15 persons for the purposes of subparagraph (4)(b)(i). 16 9 Subsection 731A(11) 17 Repeal the subsection, substitute: 18 (11) A person to whom this Subdivision applies also satisfies the 19 activity test in respect of a period if: 20 (a) throughout the period, the person complies with the terms of 21 a Special Benefit Employment Pathway Plan that is in force 22 in relation to the person; and 23 (b) either: 24 (i) the person is included in a class of persons specified in 25 an instrument made under subsection (11A); or 26 (ii) the Secretary determines that the person should be taken 27 to satisfy the activity test in respect of that period. 28 (11A) The Secretary may, by legislative instrument, specify classes of 29 persons for the purposes of subparagraph (11)(b)(i). 30 10 Subparagraph 1210(1)(b)(ii) 31 Omit "section 1168", substitute "section 1173". 32 Note: The heading to section 1210 is altered by omitting "for income tax purposes". 62 Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 [Page Break] 1 Social Security (Administration) Act 1999 2 11 Sections 63 and 64 3 Repeal the sections, substitute: 4 63 Requirement to attend Department etc. 5 Secretary may require person to attend Department etc. 6 (1) Subsection (2) applies to a person if: 7 (a) the person is receiving, or has made a claim for, a social 8 security payment; or 9 (b) the person is the holder of, or has made a claim for, a 10 concession card; or 11 (c) the Department is contacted by or on behalf of the person in 12 relation to a claim for: 13 (i) if the person is not undertaking full-time study and is 14 not a new apprentice--youth allowance; or 15 (ii) in any case--newstart allowance; 16 to be paid to the person. 17 (2) If the Secretary is of the opinion that a person to whom this 18 subsection applies should: 19 (a) attend an office of the Department; or 20 (b) contact the Department; or 21 (c) attend a particular place for a particular purpose; or 22 (d) give information to the Secretary; 23 the Secretary may notify the person that he or she is required, 24 within a specified time, to do that act or thing. However, the 25 Secretary may not, under this subsection, notify a person that he or 26 she is required to do an act or thing referred to in paragraph (4)(a) 27 or (b). 28 Secretary may require person to undergo medical examination etc. 29 (3) Subsection (4) applies to a person if: 30 (a) the person is receiving, or has claimed, any of the following 31 social security payments: 32 (i) disability support pension; 33 (ii) parenting payment; Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 63 [Page Break] 1 (iii) youth allowance; 2 (iv) newstart allowance; 3 (v) sickness allowance; 4 (vi) special benefit; 5 (vii) mobility allowance; or 6 (b) the Department is contacted by or on behalf of the person in 7 relation to a claim for youth allowance or newstart allowance 8 to be paid to the person. 9 (4) If the Secretary is of the opinion that a person to whom this 10 subsection applies should: 11 (a) complete a questionnaire; or 12 (b) undergo a medical, psychiatric or psychological examination 13 (whether or not at a particular place), and provide to the 14 Secretary the report, in the approved form, of the person who 15 conducts the examination; 16 the Secretary may notify the person that he or she is required, 17 within a specified time, to do that act or thing. 18 Method for giving notice 19 (5) The Secretary may notify a person under subsection (2) or (4): 20 (a) by sending the notice by prepaid post addressed to the person 21 at his or her postal address last known to the Secretary; or 22 (b) in any other way the Secretary considers appropriate. 23 Validity of notice not affected in certain circumstances 24 (6) A failure to specify the particular purpose in a notice given to a 25 person for the purposes of paragraph (2)(c) does not affect the 26 validity of the notice. 27 Consequence of not informing person of effect of failure to comply 28 with requirement in notice 29 (7) If a person is notified under subsection (2) or (4) and the notice 30 does not inform the person of the effect of section 64, subsection 31 64(1) or (5) (as the case requires) does not apply to the person in 32 relation to the requirement in the notice. 33 Note: However, if: 64 Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 [Page Break] 1 (a) the person who is notified is receiving, or has made a claim for, a 2 participation payment; and 3 (b) the notice does not inform the person of the effect of section 64; 4 the person may commit a connection failure in relation to the 5 payment: see section 42E. 6 64 Effect of failing to comply with requirement to attend 7 Department etc. 8 Person receiving, or claiming, social security payment 9 (1) If: 10 (a) a person is receiving, or has made a claim for, a social 11 security payment; and 12 (b) the Secretary notifies the person under subsection 63(2) or 13 (4); and 14 (c) the requirement in the notice is reasonable; and 15 (d) the person does not comply with the requirement; and 16 (e) the Secretary is not satisfied that the person had a reasonable 17 excuse for not complying with the requirement; and 18 (f) the Secretary is satisfied that it is reasonable for this 19 subsection to apply to the person; 20 the payment that the person is receiving or has claimed is not 21 payable. 22 (2) Subsection (1) does not apply if: 23 (a) the person is receiving, or has made a claim for, youth 24 allowance; and 25 (b) the notice included a statement to the effect that a failure to 26 comply with the requirement in the notice could constitute a 27 youth allowance participation failure. 28 Note: If a recipient of, or claimant for, youth allowance does not comply 29 with a requirement notified under subsection 63(2) or (4), this may 30 result in the payment not being payable to the person: see 31 sections 550B and 551 of the 1991 Act. 32 (3) Subsection (1) does not apply if: 33 (a) the person is receiving, or has made a claim for, an austudy 34 payment; and Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 65 [Page Break] 1 (b) the notice included a statement to the effect that a failure to 2 comply with the requirement in the notice could constitute an 3 austudy participation failure. 4 Note: If a recipient of, or claimant for, an austudy payment does not comply 5 with a requirement notified under subsection 63(2), this may result in 6 the payment not being payable to the person: see sections 576A and 7 577 of the 1991 Act. 8 (4) If: 9 (a) a social security payment is not payable to a person because 10 of subsection (1); and 11 (b) the Secretary is satisfied that it is no longer reasonable for 12 that subsection to apply to the person in relation to the 13 requirement in the notice given to the person under 14 subsection 63(2) or (4); 15 the Secretary may determine that, on and after a day specified by 16 the Secretary, subsection (1) ceases to apply to the person in 17 relation to that requirement. 18 Person holding, or claiming, concession card 19 (5) If: 20 (a) a person is the holder of, or has made a claim for, a 21 concession card; and 22 (b) the Secretary notifies the person under subsection 63(2); and 23 (c) the requirement in the notice is reasonable; and 24 (d) the person does not comply with the requirement; and 25 (e) the Secretary is not satisfied that the person had a reasonable 26 excuse for not complying with the requirement; and 27 (f) the Secretary is satisfied that it is reasonable for this 28 subsection to apply to the person; 29 the person ceases to be, or is not, qualified for the concession card. 30 (6) If: 31 (a) a person has ceased to be, or is not, qualified for a concession 32 card because of subsection (5); and 33 (b) the Secretary is satisfied that it is no longer reasonable for 34 that subsection to apply to the person in relation to the 35 requirement in the notice given to the person under 36 subsection 63(2); 66 Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 [Page Break] 1 the Secretary may determine that, on and after a day specified by 2 the Secretary, subsection (5) ceases to apply to the person in 3 relation to that requirement. 4 12 Transitional 5 The amendment made by item 11 of this Schedule does not apply in 6 relation to a notice given to a person under subsection 63(2) or 64(2) of 7 the Social Security (Administration) Act 1999 before the 8 commencement of this item. 9 13 Paragraph 131(5)(b) 10 Repeal the paragraph, substitute: 11 (b) ceases to have effect: 12 (i) if the application for review is withdrawn--on the day 13 the application is withdrawn; or 14 (ii) if a decision (the review decision) is made by the 15 Secretary on the review of the adverse decision--at the 16 end of the period of 13 weeks beginning on the day the 17 review decision is made, or on such earlier day (if any) 18 within that 13 week period as is specified by the 19 Secretary; or 20 (iii) if the declaration is revoked by the Secretary--on the 21 day the declaration is revoked. 22 14 Paragraph 145(4)(b) 23 Repeal the paragraph, substitute: 24 (b) ceases to have effect: 25 (i) if the application for review is withdrawn--on the day 26 the application is withdrawn; or 27 (ii) if a decision (the review decision) is made by the SSAT 28 on the review of the adverse decision--at the end of the 29 period of 13 weeks beginning on the day the review 30 decision is made, or on such earlier day (if any) within 31 that 13 week period as is specified by the Secretary; or 32 (iii) if the declaration is revoked by the Secretary--on the 33 day the declaration is revoked. Social Security Legislation Amendment (Employment Services Reform) Bill 2008 No. , 2008 67