Commonwealth Numbered Acts

EMPLOYMENT SERVICES ACT 1994 No. 176 of 1994 - SECT 26

Person remains participant until terminating event happens
26.(1) If a person becomes a participant in the case management system, the
person remains a participant in the case management system until a terminating
event happens.
Note: "Terminating event" is defined by subsections (2) and (3).

Determinations about terminating events

(2) The Minister may make a written determination that a specified event or
circumstance is a terminating event for the purposes of subsection (1). A
determination has effect accordingly.

Terminating event-Constitutional requirements

(3) A particular event or circumstance is a terminating event for the purposes
of subsection (1) if a failure to make a determination under subsection (2)
specifying the event or circumstance would result in the invalidity, in whole
or in part, of this Act.
Note: Under paragraph 51(xxiiiA) of the Constitution, the Parliament may make
laws with respect to the provision of unemployment benefits.

Cessation of "participant" status terminates referral to case manager

(4) If a person ceases to be a participant in the case management system, the
cessation terminates any referral of the person to a case manager under Part
4.3.

Disallowable instrument

(5) A determination under subsection (2) is a disallowable instrument for the
purposes of section 46A of the Acts Interpretation Act 1901.