Social and Community Services Pay Equity Special Account Act 2012 (Cth)
This is a compilation of the
The notes at the end of this compilation (the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
This Act may be cited as the
Social and Community Services Pay Equity Special Account Act 2012 .
This Act commences on the day this Act receives the Royal Assent.
The following is a simplified outline of this Act:
• This Act establishes the Social and Community Services Pay Equity Special Account.
• Section 6 provides for annual credits of money to the Account for the 2012‑13 financial year through to the 2020‑21 financial year.
• Section 7 provides that a purpose of the Account is to assist certain employers in the Social, Community and Disability Services Industry to meet the costs of payments required to be made as a result of certain pay equity orders. That section sets out the other purpose of the Account.
• Section 8 provides that amounts may be debited from the Account and credited to the COAG Reform Fund for the purpose of making grants to the States or Territories in relation to the same kind of assistance.
• This Act ceases to have effect on 30 June 2021.
(1) In this Act:
Account means the Social and Community Services Pay Equity Special Account established by section 5.
COAG Reform Fund means the COAG Reform Fund established by section 5 of theCOAG Reform Fund Act 2008 .
pay equity order means:
(a) the Social, Community and Disability Services Industry Equal Remuneration Order; or
(b) a transitional pay equity order (Queensland); or
(c) a State pay equity order (Western Australia).
Social, Community and Disability Services Industry Equal Remuneration Order means the order:
(a) made by Fair Work Australia under section 302 of the
Fair Work Act 2009 on 22 June 2012; and(b) titled “Social, Community and Disability Services Industry Equal Remuneration Order 2012”.
State pay equity order (Western Australia) means:
(a) the order made by the Western Australian Industrial Relations Commission on 29 August 2013 (2013 WAIRC 00776) varying the
Social and Community Services (Western Australia) Interim Award 2011 ; or(b) the order made by the Western Australian Industrial Relations Commission on 29 August 2013 (2013 WAIRC 00775) varying the
Crisis Assistance, Supported Housing Industry – Western Australian Interim Award 2011 .
transitional pay equity order (Queensland) means:
(a) the order that, under subitem 43(1) of Schedule 3 to the
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 , is taken to have been made by Fair Work Australia under item 43 of that Schedule on 27 March 2011; or(b) the order that, under subitem 30A(1) of Schedule 3A to the
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 , is taken to have been made by Fair Work Australia under item 30A of that Schedule on 1 January 2010.
(2) For the purposes of this Act, the order referred to in paragraph (b) of the definition of
transitional pay equity order (Queensland) in subsection (1) covers, or applies to, an employer only if the Division 2B State award referred to in paragraph 30A(2)(a) of Schedule 3A to theFair Work (Transitional Provisions and Consequential Amendments) Act 2009 was derived from theQueensland Community Services and Crisis Assistance Award—State 2008 .
(1) The Social and Community Services Pay Equity Special Account is established by this section.
(2) The Account is a special account for the purposes of the
Public Governance, Performance and Accountability Act 2013 .
On the day mentioned in column 1 of an item in the following table, there is to be credited to the Account the amount mentioned in column 2 of that item:
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(1) This section sets out the 2 purposes of the Account.
Note: See section 80 of the
Public Governance, Performance and Accountability Act 2013 (which deals with special accounts).(2) A purpose of the Account is to assist employers:
(a) who are covered by a pay equity order or to whom a pay equity order applies; and
(b) who are receiving funding, directly or indirectly, from the Commonwealth for the purposes of a program specified in an item in Part 1 or 2 of Schedule 1 (including that Schedule as modified by an instrument under subsection (4));
to meet the costs of payments required to be made by the employers as a result of the order.
(3) If:
(a) employers are receiving, from the Commonwealth, fees for services; and
(b) the services are provided for the purposes of a program specified in an item in Part 1 or 2 of Schedule 2 (including that Schedule as modified by an instrument under subsection (4));
then a purpose of the Account is to pay some or all of any increase in those fees paid to those employers, to the extent that the increase relates to one or more pay equity orders.
Instrument modifying Schedule 1 or 2
(4) The Minister may, by written instrument, modify Schedule 1 or 2 in one or more of the following ways:
(a) adding an item that specifies a program;
(b) omitting an item that specifies a program;
(c) omitting and substituting an item that specifies a program;
(d) varying an item that specifies a program.
(5) An instrument made under subsection (4) is a legislative instrument, but section 42 (disallowance) of the
Legislation Act 2003 does not apply to the instrument.Note: See section 9 for disallowance of an instrument made under subsection (4).
(1) The Minister may, by writing, direct that a specified amount is to be:
(a) debited from the Account; and
(b) credited to the COAG Reform Fund;
on a specified day.
(2) The direction must be expressed to be given in order to enable the specified amount to be debited from the COAG Reform Fund for the purpose of making a specified grant of financial assistance to a State or Territory.
(3) A grant specified under subsection (2) must be a grant of financial assistance in relation to assisting employers:
(a) who are covered by a pay equity order or to whom a pay equity order applies; and
(b) who are receiving funding from a State or Territory because of another grant of financial assistance:
(i) that is to the State or Territory and that is made under an agreement specified in an item in Part 1 of Schedule 3 (including that Schedule as modified by an instrument under subsection (7)); or
(ii) that is to the State or Territory under Part 3 of the
Federal Financial Relations Act 2009 and that is a payment specified in an item in Part 2 of Schedule 3 (including that Schedule as modified by an instrument under subsection (7));to meet the costs of payments required to be made by the employers as a result of the order.
(4) Two or more directions under subsection (1) may be set out in the same document.
Debit from the COAG Reform Fund
(5) The Treasurer must ensure that, as soon as practicable after an amount is credited to the COAG Reform Fund under subsection (1), in relation to making a grant of financial assistance specified under subsection (2) to a State or Territory, the COAG Reform Fund is debited for the purposes of making that grant.
Direction is not a legislative instrument
(6) A direction under subsection (1) is not a legislative instrument.
Instrument modifying Schedule 3
(7) The Minister may, by written instrument, modify Schedule 3 in one or more of the following ways:
(a) adding an item that specifies an agreement or payment;
(b) omitting an item that specifies an agreement or payment;
(c) omitting and substituting an item that specifies an agreement or payment;
(d) varying an item that specifies an agreement or payment.
(8) An instrument made under subsection (7) is a legislative instrument, but section 42 (disallowance) of the
Legislation Act 2003 does not apply to the instrument.Note: See section 9 for disallowance of an instrument made under subsection (7).
Scope
(1) This section applies to an instrument under subsection 7(4) or 8(7).
Disallowance
(2) Either House of Parliament may, following a motion on notice, pass a resolution disallowing the instrument. To be effective, the resolution must be passed within 5 sitting days of the House after the copy of the instrument was tabled in the House under section 38 of the
Legislation Act 2003 .(3) If neither House passes such a resolution, the instrument takes effect on the day immediately after the last day on which such a resolution could have been passed.
(4) If a House of Parliament passes a resolution under subsection (2) disallowing an instrument made under subsection 7(4) or 8(7), this Act does not prevent the Minister from making another instrument under subsection 7(4) or 8(7).
This Act ceases to have effect on 30 June 2021.
Note: See subsection 7(2).
Note: The item numbers in this Part correspond to the item numbers in Schedule 1AA to those regulations.
402.001 | Justice Services |
402.005 | Payments for the provision of community legal services |
402.008 | Family Relationships Services Program |
402.009 | Payments under the Indigenous Justice Program |
402.010 | Payments for the provision of Family Violence Prevention Legal Services for Indigenous Australia |
407.034 | Youth Attainment and Transitions National Partnership |
410.001 | Family Support |
410.002 | Housing Assistance and Homelessness Prevention |
410.004 | Financial Management |
410.005 | Community Investment |
410.009 | Targeted Community Care |
410.011 | Services and Support for People with Disability |
410.012 | Support for Carers |
410.015 | Gender Equality for Women |
415.003 | Drug strategy |
415.017 | Home support |
415.034 | Mental health |
417.002 | Grants for community settlement services |
420.001 | Domestic Policy |
1 | Programs referred to in paragraph 142A(1)(b) of the |
Note: See subsection 7(3).
Note: The item numbers in this Part correspond to the item numbers in Schedule 1AA to those regulations.
417.003 | Humanitarian settlement services |
417.005 | Supervision and welfare for unaccompanied humanitarian minors |
417.012 | Payments to the Australian Red Cross Society for the Asylum Seeker Assistance Scheme |
417.016 | Compliance Resolution, Community Care and Assistance |
417.017 | Onshore Detention Network—Community and Detention Services |
430.007 | Joint Venture Day Clubs |
1 | Medical and Other Treatment Services provided under Part V of the |
2 | Treatment and Other Services provided under Chapter 6 of the |
3 | Treatment and Other Services provided under Part 2 of the |
Note: See subsection 8(3).
1 | National Partnership Agreement Supporting National Mental Health Reform |
2 | National Partnership Agreement on Transitioning Responsibilities for Aged Care and Disability Services |
3 | National Partnership Agreement on Homelessness |
4 | National Partnership Agreement on Health Services, Implementation Plan for the National Perinatal Depression Initiative |
5 | Review Agreement in relation to the provision of financial assistance by the Commonwealth of Australia to Victoria for The Home and Community Care Program |
6 | Review Agreement in relation to the provision of financial assistance by the Commonwealth of Australia to Western Australia for The Home and Community Care Program |
1 | National Affordable Housing Specific Purpose Payment |
2 | National Disability Specific Purpose Payment |
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = | Sch = Schedule(s) |
LIA = | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
Social and Community Services Pay Equity Special Account Act 2012 | 150, 2012 | 8 Nov 2012 | 8 Nov 2012 (s 2) | |
Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014 | 62, 2014 | 30 June 2014 | Sch 12 (items 133–136) and Sch 14: 1 July 2014 (s 2(1) items 6, 14) | Sch 14 |
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| 36, 2015 | 13 Apr 2015 | Sch 2 (items 7–9) and Sch 7: 14 Apr 2015 (s 2) | Sch 7 |
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| 126, 2015 | 10 Sept 2015 | Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) | — |
| 126, 2015 | 10 Sept 2015 | Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2) | — |
Social Services and Other Legislation Amendment (2014 Budget Measures No. 6) Act 2014 | 122, 2014 | 26 Nov 2014 | Sch 10: 26 Nov 2014 (s 2(1) item 9) | — |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 522): 5 Mar 2016 (s 2(1) item 2) | — |
Veterans’ Affairs Legislation Amendment (Budget Measures) Act 2017 | 59, 2017 | 22 June 2017 | Sch 1 (item 40): 1 July 2017 (s 2(1) item 4) | — |
s 4......................................... | am No 122, 2014 |
s 5......................................... | am No 62, 2014 |
s 6......................................... | am No 122, 2014 |
s 7......................................... | am No 62, 2014; No 126, 2015 |
s 8......................................... | am No 126, 2015 |
s 9......................................... | am No 126, 2015 |
Part 1 heading......................... | am No 62 and 122, 2014 |
Part 1..................................... | am No 122, 2014 |
Part 2..................................... | am No 122, 2014 |
Part 1 heading......................... | am No 62 and 122, 2014 |
Part 1..................................... | am No 122, 2014 |
Part 2..................................... | am No 122, 2014; No 59, 2017 |
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