Commonwealth Consolidated Acts

SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 42E

             (1)  The Secretary may determine that a person commits a connection failure if:

                     (a)  the person commits any of the failures mentioned in subsection (2); and

                     (b)  the person receives an instalment of a participation payment for the instalment period in which the person commits the failure.

Note:          A reconnection requirement may be imposed for a connection failure (see section 42G).

             (2)  For the purposes of subsection (1), the failures are the following:

                     (a)  the person fails to comply with a requirement that was notified to the person under subsection 63(2) or (4), and the notice did not inform the person of the effect of section 64;

                     (b)  the person fails to comply with a requirement, under section 501, 544A, 605 or 731L of the 1991 Act, to enter into an employment pathway plan;

                     (c)  the person fails to attend an appointment that the person is required to attend by an employment pathway plan that is in force in relation to the person;

                     (d)  the person is issued with a notice under subsection 42F(1) and fails to comply with it within the period specified in the notice;

                     (e)  the person fails to comply with subsection 42F(2);

                      (f)  the person fails to comply with a requirement included in an employment pathway plan that is in force in relation to the person to undertake a certain number of job searches per fortnight;

                     (g)  the person fails to comply with a requirement included in an employment pathway plan that is in force in relation to the person:

                              (i)  to keep a record of the person's job searches in a document referred to in the plan as a job seeker diary; and

                             (ii)  to return the job seeker diary to the Department at the end of the period specified in the plan.

             (3)  The Secretary may determine that a person commits 2 or more connection failures on a day.

Limitations on determining connection failures

             (4)  Despite subsection (1), the Secretary must not determine that a person commits a connection failure if:

                     (a)  the person satisfies the Secretary that the person has a reasonable excuse for the failure; or

                     (b)  both of the following apply:

                              (i)  the person's failure is a failure to comply with a requirement under section 544A of the 1991 Act to enter into an employment pathway plan;

                             (ii)  a youth allowance is not payable to the person for the instalment period in which the person commits the failure because of section 547AA of that Act; or

                     (c)  both of the following apply:

                              (i)  the person's failure is a failure to comply with a requirement under section 605 of the 1991 Act to enter into an employment pathway plan;

                             (ii)  a newstart allowance is not payable to the person for the instalment period in which the person commits the failure because of section 615 of that Act; or

                     (d)  the person is a new apprentice; or

                     (e)  in the case of a failure under paragraphs (2)(d) to (g)--the person is receiving parenting payment.

Note:          The Secretary must take certain matters into account for the purposes of paragraph (4)(a) (see section 42U).