FAIR ENTITLEMENTS GUARANTEE ACT 2012

Table of Provisions

• Long Title

PART 1--PRELIMINARY

• 1 Short title  
• 2 Commencement  
• 3 Objects of this Act  
• 4 Simplified outline of this Act  
• 5 Definitions  
• 6 Kinds of employment entitlements  
• 7 Wages  
• 8 This Act binds the Crown  
• 9 Extraterritorial operation  
• 9A Rules may modify application of this Act in Norfolk Island  

PART 2--ELIGIBILITY--FOR ADVANCE

Division 1--Conditions of eligibility for advance

• 10 Conditions of eligibility for advance  
Subdivision B--Exclusions from eligibility
• 11 Exclusion for personal connection with employer  
• 12 Exclusion for being newly employed after working as contractor  
• 13 Exclusion for employment by certain employers  

Division 2--Claimfor eligibility for advance

• 14 Making an effective claim  
• 15 Secretary must decide effective claim  

PART 3--AMOUNT--OF ADVANCE

Division 1--Working out the amount of an advance

• 16 General rule for work ing out the amount of an advance  
• 17 Reduction for the person ' s debts to the employer  
• 18 Nil amount if liquidator or bankruptcy trustee can fully pay entitlements soon  

Division 2--Amounts for employment entitlements

• 19 Working out amounts for employment entitlements  
Subdivision B--General rules for basic amounts foremploymententitlements
• 20 Basic amount for annual leave entitlement  
• 21 Basic amount for long service leave entitlement  
• 22 Basic amount for payment in lieu of notice entitlement  
• 23 Basic amount for redundancy pay entitlement  
• 24 Basic amount for wages entitlement  
Subdivision C--Special rules for basic amounts for employment entitlements
• 25 Disregarding recently agreed changes in terms and conditions  
• 26 Applying maximum weekly wage rate --entitlements except wages entitlement  
• 27 Applying maximum weekly wage rate --wages entitlement  

PART 4--PAYMENT--OF ADVANCE

• 28 Payment to eligible person or intermediary  

PART 5--RECOVERY--OF ADVANCE

Division 1--Recovery through winding up or bankruptcy

• 29 Recovery of advance paid to liquidator  
• 30 Recovery of some amounts of advance paid to bankruptcy trustee  
• 31 Recovery in other circumstances  
• 32 Amounts of advance attributable to particular employment entitlements if advance reduced for debts to employer  
• 33 Recovery of advance for employment for partnership  

Division 2--Recovery from person eligible for advance

• 34 Recovery from person eligible for advance  

PART 6--ADMINISTRATION

Division 1--Decision-makingabout advances

• 35 Presuming accuracy of certain information  
• 36 Giving notice of decisions made under section 15  

Division 2--Review of decisionsabout advances

• 37 Review on the Secretary ' s own initiative  
S ubdivision B--Internal review on application
• 38 Application for review by Secretary  
• 39 Action on application for review  
Subdivision C--Review by the Administrative Appeals Tribunal
• 40 Application to the Administrative Appeals Tribunal for review  
• 41 Limit on review of decision on amount of advance  

Division 3--Information management

• 42 Use and disclosure of personal information by the Department for administering this Act  
• 43 Use and disclosure of personal information by insolvency practitioners and payment intermediaries  
• 44 Use and disclosure of personal information by persons making payments to former employees  
• 45 Disclosure of personal information to certain agencies  

Division 4--Arrangements for information and dealing with payments

• 46 Arrangements for information and dealing with payments  

Division 5--Delegation

• 47 Delegation of Secretary ' s powers and functions  
• 48 Delegation of Minister ' s powers  

PART 7--MISCELLANEOUS

• 49 Extended operation of this Act in relation to employers in administration under the Corporations Act 2001  
• 50 Schemes for assistance of workers who were not employees  
• 51 Appropriation  
• 52 Recoverable payments  
• 53 Reports about recoverable payments  
• 54 Right to financial assistance may be reduced, cancelled etc. without compensation  
• 55 Regulations