Commonwealth Numbered Acts

EMPLOYMENT SERVICES ACT 1994 No. 176 of 1994 - SECT 39

Terms
39.(1) A Case Management Activity Agreement between a case manager and a
person is to be directed to securing employment for the person. The agreement
is to require the person to undertake one or more of the following activities
approved by the Employment Secretary:

   (a)  a job search;

   (b)  a vocational training course;

   (c)  training that would help in searching for work;

   (d)  paid work experience;

   (e)  measures designed to eliminate or reduce any disadvantage the person
        has in the labour market (other than measures compelling the person to
        work in return for payment of job search allowance, or newstart
        allowance, under the Social Security Act 1991);

   (f)  subject to section 40, development of self-employment;

   (g)  subject to section 41, development of, and/or participation in, group
        enterprises or co-operative enterprises;

   (h)  participation in a labour market program;

   (i)  participation in a rehabilitation program (within the meaning of the
        Social Security Act 1991);

   (j)  an activity proposed by the person (such as unpaid voluntary work
        proposed by the person).

Job Compact

(2) A Case Management Activity Agreement between a case manager and a person
is taken to include a term to the effect that, at any time when the person is
eligible for the Job Compact, the person is required to:

   (a)  accept any offer of paid work, other than work that is unsuitable to
        be undertaken by the person; or

   (b)  accept any offer of a placement under the New Work Opportunities
        Program administered by the Department; or

   (c)  accept any offer of a placement under the New Enterprise Incentive
        Scheme administered by the Department; or

   (d)  accept any offer of a placement under the Landcare and Environment
        Action Program administered by the Department; or

   (e)  accept any offer of a placement under Jobskills (within the meaning of
        the Social Security Act 1991).
Note 1: "Eligibility for the Job Compact" is defined by subsections (10), (12)
and (13).
Note 2: See section 42 on what paid work is unsuitable.

Attendance at offices of the CES or the case manager etc.

(3) A Case Management Activity Agreement between a case manager and a person
may include terms requiring the person (on request or otherwise) to:

   (a)  attend an office of the CES or of the case manager; or

   (b)  contact the CES or the case manager; or

   (c)  give information to the CES or to the case manager.

Substantiation of compliance with agreement

(4) A Case Management Activity Agreement between a case manager and a person
must include terms requiring the person (on request or otherwise) to
substantiate his or her compliance with the terms of the agreement.

Approval of terms by Employment Secretary

(5) The terms of an agreement (which include the specification of the
activities that the person is to be required to undertake) are to be approved
by the Employment Secretary.

Matters relevant to approval

(6) In considering whether to approve the terms of an agreement between a
case manager and a person, the Employment Secretary is to have regard to the
person's capacity to comply with the proposed agreement and the person's
needs.

Matters relevant to capacity to comply with proposed agreement

(7) In having regard to a person's capacity to comply with an agreement and
the person's needs, the Employment Secretary is to take into account:

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

   (b)  the state of the labour market in the locality where the person
        resides; and

   (c)  the training opportunities available to the person; and

   (d)  any other matters that the Employment Secretary considers relevant in
        the circumstances.

Delegation

(8) The Employment Secretary may, by writing, delegate all or any of his or
her powers under this section in relation to agreements with a particular case
manager to:

   (a)  if the case manager is an individual-the case manager; or

   (b)  if the case manager is a body corporate-a director or employee of the
        case manager; or

   (c)  if the case manager is a partnership-an individual who is a partner
        in, or an employee of, the case manager; or

   (d)  in any other case-an officer or employee of the case manager.
Note: Section 34AA of the Acts Interpretation Act 1901 (which deals with
delegations to people holding specified offices or positions) applies to
delegations under this subsection.

Delegated power to be treated as a function conferred on a case manager

(9) A reference in this Act or any other law of the Commonwealth to a function
conferred on a case manager under this Act includes a reference to a power
delegated under subsection (8) in relation to the case manager.

Becoming eligible for the Job Compact-long-term recipient of job search
allowance or newstart allowance

(10) For the purposes of this section, a person becomes eligible for the Job
Compact at a particular time if:

   (a)  at that time, the person is receiving a job search allowance, or a
        newstart allowance, under the Social Security Act 1991; and

   (b)  throughout the period of 18 months ending at that time, the person
        received a job search allowance, or a newstart allowance, under that
        Act.

Gaps in receipt of job search allowance or newstart allowance

(11) For the purposes of paragraph (10)(b), if:

   (a)  a person is in receipt of job search allowance, or newstart allowance,
        under the Social Security Act 1991; and

   (b)  either:

        (i)    the person ceases for a period of not longer than 6 weeks to be
               in receipt of job search allowance; or

        (ii)   the person ceases for a period of not longer than 13 weeks to
               be in receipt of newstart allowance; and

   (c)  at the end of that period, the person begins to receive such an
        allowance; the person is taken to have been in receipt of such an
        allowance throughout that period.

Becoming eligible for the Job Compact-Ministerial determination

(12) For the purposes of this section, the Minister may make a written
determination that a person included in a specified class of persons becomes
eligible for the Job Compact at a specified time. A determination has effect
accordingly.

Ceasing to be eligible for the Job Compact

(13) For the purposes of this section, if a person becomes eligible for the
Job Compact, the person remains eligible for the Job Compact until a
terminating event happens.
Note: "Terminating event" is defined by subsection (14).

Determinations about terminating events

(14) The Minister may make a written determination that a specified event or
circumstance is a terminating event for the purposes of subsection (13). A
determination has effect accordingly.

Disallowable instrument

(15) A determination under subsection (12) or (14) is a disallowable
instrument for the purposes of section 46A of the Acts Interpretation Act
1901.