Social Security and Repatriation Legislation Amendment Act 1985 (Cth)
PART I—PRELIMINARY
Section
1. Short title
2. Commencement
PART II—AMENDMENTS OF THE AGED OR DISABLED PERSONS HOMES ACT 1954
3. Principal Act
4. Interpretation
5. Approval of homes
6. Terms and conditions of grants
7. Insertion of new section—
8a. Agreements may be entered into with transferees of buildings, &c.
8. Terms and conditions
PART III—AMENDMENTS OF THE AGED OR DISABLED PERSONS HOSTELS ACT 1972
9. Principal Act
10. Approval of hostels
11. Terms and conditions of grants
12. Insertion of new section—
9a. Agreements may be entered into with transferees of buildings, &c.
PART IV—AMENDMENTS OF THE CHILD CARE ACT 1972
13. Principal Act
14. Title
15. Interpretation
TABLE
OF PROVISIONS—
Section
16. Repeal of sections 8 and 9 and substitution of new sections—
8. Interpretation of Division 2
9. Approval of equipment
17. Grants for approved equipment
18. Grants in respect of staff
19. Repeal of section 12 and substitution of new sections—
12. Grants to new child care centres
12a. Grants in respect of fee relief
20. Grants for research, &c.
21. Insertion of new Part—
PART IVa—GRANTS IN RESPECT OF THE DEVELOPMENT OF CHILD CARE CENTRES
13a. Interpretation
13b. Approval of projects related to the development of child care centres
13c. Grants for projects related to the development of child care centres
22. Repeal of section 15 and substitution of new section—
15. Convenor of Child Care Standards Committee
23. Appointment of members of committees
24. Repeal of section 19 and substitution of new section—
19. Remuneration and allowances of members of committees
25. Conditions relating to grants
26. Insertion of new section—
20a. Agreements may be entered into with transferees of buildings, &c.
27. Delegation
28. Repeal of section 24 and substitution of new section—
24. Money to be appropriated
29. Formal amendments
30. Saving
PART V—AMENDMENT OF THE CHRISTMAS ISLAND ADMINISTRATION (MISCELLANEOUS AMENDMENTS) ACT 1984
31. Principal Act
32. Interpretation
PART VI—AMENDMENTS OF THE COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971
33. Principal Act
34. Interpretation
35. Repeal of section 26 and substitution of new section—
26. Partially incapacitated employees unable to obtain suitable employment
36. Provision of vocational training
37. Compensation in respect of loss of sexual organs, &c.
38. Compensation payable in respect of injuries resulting in death
39. Compensation payable in respect of injuries resulting in total incapacity
40. Reduction of compensation in certain cases
41. Certain persons may request cessation of compensation payments
42. Compensation payable to locally engaged overseas employees
43. Insertion of new section—
121b. Notice of departure from Australia, &c.
44. Formal and other minor amendments
45. Application
PART VII—AMENDMENTS OF THE DELIVERED MEALS SUBSIDY ACT 1970
46. Principal Act
47. Interpretation
48. Terms and conditions
49. Delegation
TABLE
OF PROVISIONS—
Section
PART VIII—AMENDMENTS OF THE HANDICAPPED PERSONS ASSISTANCE ACT 1974
50. Principal Act
51. Terms and conditions of grants
52. Insertion of new section—
31a. Agreements may be entered into with transferees of buildings, &c.
53. Repealed Parts of the Sheltered Employment (Assistance) Act to continue in force, &c.
54. Certain projects approved under repealed provisions to be approved projects under this Act, &c.
PART IX—AMENDMENT OF THE HEALTH INSURANCE ACT 1973
55. Principal Act
56. Disadvantaged persons, being persons on low incomes
PART X—AMENDMENTS OF THE HOMELESS PERSONS ASSISTANCE ACT 1974
57. Principal Act
58. Conditions relating to payments, &c.
59. Insertion of new section—
13a. Agreements may be entered into with transferees of buildings, &c.
PART XI—AMENDMENTS OF THE NATIONAL HEALTH ACT 1953
60. Principal Act
61. Recognized days of absence of qualified nursing home patients, &c.
62. Approval of nursing home
PART XII—AMENDMENTS OF THE REPATRIATION ACT 1920
63. Principal Act
64. Delegation by Commission
65. Repeal of section 21
66. Reasons for decisions to be given
67. Interpretation
68. Variation of rate of service pension
69. Insertion of new sections—
97. Payments received under the New Enterprise Incentive Scheme—effect where recipient is in receipt of a service pension and spouse of recipient is not in receipt of a pension by reason of being the spouse of the recipient
97a. Payments received under the New Enterprise Incentive Scheme—effect where spouse of recipient is in receipt of a pension by reason of being the spouse of the recipient
70. Review of decisions in respect of pensions
71. Secretary to prepare report
72. Dates that may be specified
73. Applications for review
74. Application of Administrative Appeals Tribunal Act
75. Effective dates of payment of pension, &c.
76. Notification and review
77. Prescribed persons
78. Minor amendments
PART XIII—AMENDMENTS OF THE REPATRIATION ACT 1973
79. Principal Act
80. Restriction as to dual pensions
81. Rate of saved pensions
TABLE
OF PROVISIONS—
Section
PART XIV—AMENDMENT OF THE REPATRIATION (FAR EAST STRATEGIC RESERVE) ACT 1956
82. Principal Act
83. Delegation
PART XV—AMENDMENTS OF THE REPATRIATION LEGISLATION AMENDMENT ACT 1984
84. Principal Act
85. Amendment of section 5
86. Application of Parts IIIa and IIIb of Repatriation Act
87. Amendment of section 30
88. Amendment of section 36
89. Amendment of section 47
90. Appeals under section 28 of Repatriation Act
91. Applications to Tribunal
92. Matters under section 107vm of Repatriation Act
93. Seamen’s War Pensions and Allowances Act
94. Service of copy of decision
PART XVI—AMENDMENT OF THE REPATRIATION (SPECIAL OVERSEAS SERVICE) ACT 1962
95. Principal Act
96. Delegation
PART XVII—AMENDMENTS OF THE SEAMEN’S WAR PENSIONS AND ALLOWANCES ACT 1940
97. Principal Act
98. Application of certain provisions of Part IIIa of Repatriation Act
99. Delegation by Commission
PART XVIII—AMENDMENTS OF THE SOCIAL SECURITY ACT 1947
100. Principal Act
101. Interpretation
102. Qualifications for age pension
103. Conditions of grant of invalid pension
104. Rate of age or invalid pension
105. Payment of allowance
106. Qualification for family allowance
107. Family allowance to cease in certain circumstances
108. Rate of unemployment and sickness benefit
109. Rent assistance
110. Limitation of amount payable as sickness benefit
111. Persons eligible to be paid rehabilitation allowance
112. Making and lodgment of claims, &c.
113. Insertion of new section—
135tba. Payment and calculation of instalments of certain pensions, &c.
114. Pension, benefit or allowance may be paid to bank, &c.
115. Power to obtain information, &c.
116. Payment of pension, benefit, &c., during term of imprisonment, &c.
117. Offences
118. Indictable offences
119. Insertion of new sections—
139a. Payments received under the New Enterprise Incentive Scheme—effect where recipient is in receipt of a particular pension, benefit or allowance and spouse of recipient is not in receipt of wife’s pension or spouse carer’s pension
139b. Payments received under the New Enterprise Incentive Scheme—effect where spouse of recipient is in receipt of wife’s pension or spouse carer’s pension
139c. Payments received under the New Enterprise Incentive Scheme—effect where spouse of recipient is in receipt of a particular benefit or allowance
TABLE
OF PROVISIONS—
Section
120. Minor and consequential amendments
121. Further amendments related to the change in title from Director-General of Social Security to Secretary to the Department of Social Security
122. Transitional
123. Application
124. Saving—certain children to be treated as dependent children
PART XIX—AMENDMENTS OF THE SOCIAL SECURITY AND REPATRIATION (BUDGET MEASURES AND ASSETS TEST) ACT 1984
125. Principal Act
126. Application of amendments
127. Interpretation
PART XX—AMENDMENT OF THE SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1983
128. Principal Act
129. Amendment of Schedule 1
SCHEDULE 1
FORMAL AMENDMENTS OF THE CHILD CARE ACT 1972
SCHEDULE 2
MINOR AMENDMENTS OF THE COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971
SCHEDULE 3
MINOR AMENDMENTS OF THE REPATRIATION ACT 1920
SCHEDULE 4
MINOR AND CONSEQUENTIAL AMENDMENTS OF THE SOCIAL SECURITY ACT 1947
SCHEDULE 5
FURTHER AMENDMENTS OF THE SOCIAL SECURITY ACT 1947 RELATED TO THE CHANGE IN TITLE FROM DIRECTOR-GENERAL OF SOCIAL SECURITY TO SECRETARY TO THE DEPARTMENT OF SOCIAL SECURITY
[
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
“(4) Where a grant to an eligible organization under this Part has, in accordance with this section, been made on terms and conditions, the Secretary, with the agreement of the organization, may, by writing, vary those terms and conditions and, where there is an agreement under sub-section (2) with respect to the terms and conditions so varied, that agreement shall be taken to be varied accordingly.”.
“8a. (1) Where—
(a) a grant to an eligible organization under this Part has, in accordance with section 8, been made on terms and conditions with respect to a building or buildings; and
(b) the organization has transferred, or proposes to transfer, its interest in the building or in one or more of the buildings to another eligible organization,
the Secretary may enter into an agreement with that other organization under which that other organization is required to comply, or will, upon the transfer being effected, be required to comply, with some or all of those terms and conditions in so far as they relate to the building or buildings the subject of the transfer.
“(2) Where—
(a) an eligible organization has entered into an agreement under sub-section (1) or this sub-section under which it is required to comply with certain terms and conditions with respect to a building or buildings; and
(b) the organization has transferred, or proposes to transfer, its interest in the building, or in one or more of the buildings, to another eligible organization,
the Secretary may enter into an agreement with that other organization under which that other organization is required to comply, or will, upon the transfer being effected, be required to comply, with some or all of those terms and conditions in so far as they relate to the building or buildings the subject of the transfer.
“(3) Where an agreement under sub-section (1) or (2) between the Secretary and an eligible organization is in force, the Secretary, with the agreement of the organization, may, by writing, vary that agreement.”.
“(3) Where a payment to an approved organization under this Part has, in accordance with this section, been made on terms and conditions, the Secretary, with the agreement of the organization, may, by writing, vary those terms and conditions and, where there is an agreement under sub-section (2) with respect to the terms and conditions so varied, that agreement shall be taken to be varied accordingly.”.
“(4a) Where a grant to a prescribed organization under this Act has, in accordance with this section, been made on terms and conditions, the Secretary, with the agreement of the organization, may, by writing, vary those terms and conditions and, where there is an agreement under sub-section (3) with respect to the terms and conditions so varied, that agreement shall be taken to be varied accordingly.”.
“9a. (1) Where—
(a) a grant to a prescribed organization under this Act has, in accordance with section 9, been made on terms and conditions with respect to a building or buildings; and
(b) the organization has transferred, or proposes to transfer, its interest in the building or in one or more of the buildings to another prescribed organization,
the Secretary may enter into an agreement with that other organization under which that other organization is required to comply, or will, upon the transfer being effected, be required to comply, with some or all of those terms and
conditions in so far as they relate to the building or buildings the subject of the transfer.
“(2) Where—
(a) a prescribed organization has entered into an agreement under sub-section (1) or this sub-section under which it is required to comply with certain terms and conditions with respect to a building or buildings; and
(b) the organization has transferred, or proposes to transfer, its interest in the building, or in one or more of the buildings, to another prescribed organization,
the Secretary may enter into an agreement with that other organization under which that other organization is required to comply, or will, upon the transfer being effected, be required to comply, with some or all of those terms and conditions in so far as they relate to the building or buildings the subject of the transfer.
“(3) Where an agreement under sub-section (1) or (2) between the Secretary and a prescribed organization is in force, the Secretary, with the agreement of the organization, may, by writing, vary that agreement.”.
“An Act to provide for assistance by the Commonwealth in respect of places where children all or the majority of whom are under school age may be cared for during the day, in respect of the development of such places and in respect of research in connection with the care of children, and for related purposes”.
(a) by omitting “pre-school aged” from the definition of “child care” in sub-section (1);
(b) by omitting from sub-section (1) the definition of “child care centre” and substituting the following definitions:
“‘child care centre’ means a place that provides child care for children all of whom are residing in their own homes and all or the majority of whom—
(a) are of pre-school age; and
(b) attend the place on a regular basis;
‘Child Care Standards Committee’ means the committee established under section 14;”;
(c) by omitting from sub-section (1) the definition of “the Child Care Standards Committee”; and
(d) by omitting sub-section (2).
“8. In this Division, unless the contrary intention appears—
‘acquisition’ includes acquisition by way of exchange or purchase or by way of taking on lease, on hire, on hire-purchase or on lease and purchase;
‘approved equipment’ means equipment approved under section 9 or equipment included in a class of equipment approved under that section;
‘cost’, in relation to the acquisition by an eligible organization of approved equipment, means the sum of the amounts that the Minister is satisfied is the cost of acquiring the equipment and such amount (if any) in respect of altering, adding to or installing the equipment as the Minister determines.
“9. The Minister may, by writing signed by the Minister, approve equipment or classes of equipment for the purposes of this Division.”.
(a) by omitting sub-section (1) and substituting the following sub-section:
“(1) The Minister may, in the discretion of the Minister, on behalf of the Commonwealth, make, in relation to a quarter, a grant of money to an eligible organization in respect of each child care centre operated by the organization during that quarter, of an amount equal to the amount ascertained in accordance with this section in relation to that quarter.”;
(b) by omitting from sub-section (2) “The rate of a grant payable under this section” and substituting “Subject to sub-section (3), the amount of a grant payable under this section in relation to a quarter”;
(c) by omitting from sub-section (2) “per quarter”;
(d) by omitting from paragraph (2) (a) “the prescribed proportion” and substituting “75%”;
(e) by inserting in paragraph (2) (a) “the eligible organization that operates” after “specified by”;
(f) by omitting from paragraph (2) (b) “the prescribed proportion” and substituting “75%”;
(g) by inserting in paragraph (2) (b) “the eligible organization that operates” after “specified by”;
(h) by omitting from paragraph (2) (c) all the words from and including “if fifteen” to and including “three years—” and substituting the following:
“if the number of places at that child care centre that are filled on the specified day in that quarter by children of or above the age of 3 years exceeds 14 but does not exceed 34—”;
(j) by omitting from paragraph (2) (c) “the prescribed proportion” and substituting “75%”;
(k) by inserting in paragraph (2) (c) “the eligible organization that operates” after “specified by”;
(m) by omitting paragraph (2) (d) and substituting the following paragraphs:
“(d) if—
(i) the number of places at that child care centre that are filled on the specified day in that quarter by children of or above the age of 3 years exceeds 34 but does not exceed 54; and
(ii) the Minister, in the discretion of the Minister, determines that an amount should be payable under this paragraph,
an amount equal to 75% of the amount of the salary or wages payable during that quarter to not more than 2 teachers employed at that child care centre and specified by the eligible organization that operates that child care centre for the purposes of this paragraph;
(e) if—
(i) the number of places at that child care centre that are filled on the specified day in that quarter by children of or above the age of 3 years exceeds 54; and
(ii) the Minister, in the discretion of the Minister, determines that an amount should be payable under this paragraph,
an amount equal to 75% of the amount of salary or wages payable during that quarter to such number of teachers, not exceeding 3, employed at that child care centre and specified by the eligible organization that operates that child care centre for the purposes of this paragraph.”;
(n) by omitting sub-section (3) and substituting the following sub-section:
“(3) For the purposes of calculating an amount under sub-section (2) in relation to a quarter, the salary or wages payable to a particular nurse or teacher shall not be taken into account more than once in respect of that quarter.”;
(p) by adding at the end of sub-section (4) “, but where the number so calculated is a whole number and a fraction, the number so calculated shall be taken to be the next higher whole number”;
(q) by omitting from sub-section (5) the definition of “nurse” and substituting the following definition:
“‘nurse’ means a person who has such qualifications and experience as are determined by the Minister as being sufficient for a nurse providing child care;”; and
(r) by omitting from sub-section (5) the definitions of “teacher” and “the specified day” and substituting the following definitions:
“‘specified day’, in relation to a quarter, means a day in that quarter specified, in writing, by the Minister, not being a day that is a public holiday or a school holiday;
‘teacher’ means a person who has such qualifications and experience as are recognized by the Australian Early Childhood Association Incorporated as being sufficient for a teacher in a child care centre.”.
“12. (1) Where, during the period of 6 weeks immediately before a child care centre that is operated by an eligible organization first commenced to provide child care, a person was employed by the organization for the purpose of establishing the proposed child care centre, the Minister may, in the discretion of the Minister, on behalf of the Commonwealth, make a grant to the organization of an amount not exceeding the amount of the salary or wages paid to the person in respect of that period by the organization.
“(2) The Minister may, in the discretion of the Minister, authorize the payment to an eligible organization of an advance or advances in respect of a grant that may become payable to the organization under sub-section (1).
“(3) In this section ‘salary or wages’ in relation to a person referred to in sub-section (1), means salary or wages at the rate fixed by an award, order, determination or agreement made, or having effect under, a law of the Commonwealth, of a State or of a Territory, or if no such rate is applicable, the rate of salary or wages determined by the Minister.
“12a. (1) The Minister may, at any time, by writing signed by the Minister—
(a) specify guidelines to be observed—
(i) in identifying children receiving child care at a child care centre operated by an eligible organization as children in economic need; and
(ii) in calculating the maximum amount payable under this section in relation to a particular period of time to an eligible organization in respect of a child care centre;
(b) vary guidelines specified by the Minister under this sub-section (including guidelines varied by virtue of a previous application or previous applications of this paragraph); and
(c) revoke guidelines specified by the Minister under this sub-section (including guidelines varied by virtue of a previous application or previous applications of paragraph (b)).
“(2) Where a child care centre operated by an eligible organization provides child care to a child who is, or to a number of children each of whom is, in accordance with guidelines specified under sub-section (1), identified as a child in economic need, the Minister may, in the discretion of the Minister, on behalf of the Commonwealth, for the purpose of enabling the eligible organization to allow fee relief in respect of that child or those children, make, in relation to a particular period of time, a grant of money to the eligible organization in respect of that child care centre not exceeding the amount ascertained in accordance with guidelines specified under sub-section (1) as the maximum amount payable to the eligible organization in respect of child care provided to that child, or to those children, by that child care centre in relation to that period of time.”.
“(2) In sub-section (1), ‘child care’ includes the care in any circumstances of children.”.
“13a. In this Part, unless the contrary intention appears—
‘approved project’ means a project approved by the Minister under section 13b;
‘child care centre’ means a place that provides child care for children all of whom are residing in their own homes and all or the majority of whom are of pre-school age, whether or not all or the majority of those children attend the place on a regular basis;
‘State’ includes the Northern Territory.
“13b. The Minister may, in the discretion of the Minister, approve, for the purposes of this Part, projects for the development of child care centres that are being carried out, or are proposed to be carried out, in a State.
“13c. The Minister may, in the discretion of the Minister, make a grant of money to a State, by way of financial assistance to the State, in respect of an approved project, or approved projects, that is, or are, being carried out in the State, or that is, or are, proposed to be carried out in the State.”.
“15. The Minister shall appoint one of the members of the Child Care Standards Committee to be Convenor of the Committee.”.
“19. (1) A member of a committee shall be paid such remuneration as is determined by the Remuneration Tribunal.
“(2) A member of a committee shall be paid such allowances as are prescribed.
“(3) This section has effect
subject to the
(a) by omitting paragraph (4) (a) and substituting the following paragraph:
“(a) shall accept applications for the enrolment of children whose circumstances are such that, in the opinion of the Minister, the children are in special need of child care, in priority to applications relating to other children; and”; and
(b) by adding at the end the following sub-sections:
“(5) Where a grant under this Act has, in accordance with this section, been made on terms and conditions, the Minister, with the agreement of the grantee, may, by writing, vary those terms and conditions and, where there is an agreement under sub-section (2) with respect to the terms and conditions so varied, that agreement shall be taken to be varied accordingly.
“(6) In this section, ‘grant’ includes an advance on account of grant under sub-section 12 (2).”.
“20a. (1) Where—
(a) a grant under Division 1 of Part II has, in accordance with section 20, been made on terms and conditions with respect to land, or to a building or buildings; and
(b) the grantee has transferred, or proposes to transfer, its interest in the land, or in the building or in one or more of the buildings, to another person or body (in this sub-section referred to as the ‘transferee’),
the Minister may enter into an agreement with the transferee under which—
(c) the transferee is required to comply, or will, upon the transfer being effected, be required to comply, with some or all of those terms and conditions in so far as they relate to the land, or to the building or buildings, the subject of the transfer; and
(d) in a case where—
(i) the grantee has transferred, or proposes to transfer, to the transferee the interest of the grantee in equipment that is used by the transferee in connection with the land, or the building or buildings, the subject of the transfer, or proposed transfer, referred to in paragraph (b); and
(ii) a grant under Division 2 of Part II has, in accordance with section 20, been made on terms and conditions with respect to some or all of that equipment,
the transferee is required to comply, or will, upon the transfer of the equipment being effected, be required to comply, with some or all of the terms and conditions referred to in sub-paragraph (ii) in so far as they relate to the equipment the subject of the transfer.
“(2) Where—
(a) a person or body (in this sub-section referred to as the ‘transferor’) has entered into an agreement under sub-section (1) or this sub-section under which the transferor is required to comply with certain terms and conditions with respect to land, or to a building or buildings; and
(b) the transferor has transferred, or proposes to transfer, its interest in the land, or in the building or in one or more of the buildings, to
another person or body (in this sub-section referred to as the ‘transferee’),
the Minister may enter into an agreement with the transferee under which—
(c) the transferee is required to comply, or will, upon the transfer being effected, be required to comply, with some or all of those terms and conditions in so far as they relate to the land, or to the building or buildings, the subject of the transfer; and
(d) in a case where—
(i) the agreement referred to in paragraph (a) requires the transferor to comply with certain terms and conditions with respect to certain equipment; and
(ii) the transferor has transferred, or proposes to transfer, to the transferee the interest of the transferor in some or all of that equipment (being equipment that is used by the transferor in connection with the land, or the building or buildings, the subject of the transfer, or proposed transfer, referred to in paragraph (b)),
the transferee is required to comply, or will, upon the transfer of the equipment being effected, be required to comply, with some or all of the terms and conditions referred to in sub-paragraph (i) in so far as they relate to the equipment the subject of the transfer.
“(3) Where an agreement under sub-section (1) or (2) between the Minister and a person or body is in force, the Minister, with the agreement of the person or body, may, by writing, vary that agreement.”.
(a) by omitting from sub-section (1) “the Secretary of the Department of Social Security” and substituting “an officer of the Department”;
(b) by omitting sub-section (2) and substituting the following sub-section:
“(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Minister.”; and
(c) by omitting sub-section (4).
“24. Grants under this Act and advances on account of grants under sub-section 12 (2) are payable out of money appropriated by the Parliament for the purposes of this Act.”.
(a) by omitting “or masseur” from paragraph (d) of the definition of “medical treatment” in sub-section (1) and substituting “, masseur or chiropractor”; and
(b) by omitting “or masseurs” from paragraph (d) of the definition of “medical treatment” in sub-section (1) and substituting “, masseurs or chiropractors”.
“26. (1) Where—
(a) an employee who is partially incapacitated for work as a result of an injury has taken all reasonable steps to obtain, but has failed to obtain, suitable employment; and
(b) the employee is receiving vocational training in pursuance of section 38,
section 38 applies to the employee as if the employee were totally incapacitated for work.
“(2) Subject to sub-section (4), where—
(a) an employee who is partially incapacitated for work as a result of an injury has taken all reasonable steps to obtain, but has failed to obtain, suitable employment; and
(b) but for this sub-section, compensation in accordance with section 46 would be payable to the employee in respect of that injury,
then—
(c) compensation in respect of that injury is payable to the employee in accordance with section 45 as if the employee were totally incapacitated for work as a result of that injury; and
(d) compensation in accordance with section 46 in respect of that injury is not payable to the employee.
“(3) Subject to sub-section (4), where—
(a) an employee who is partially incapacitated for work as a result of an injury has taken all reasonable steps to obtain, but has failed to obtain, suitable employment; and
(b) that injury is an injury in respect of which a lump sum was paid to the employee in pursuance of section 39 or 49,
section 50 applies to the employee as if the employee were totally incapacitated for work.
“(4) Sub-sections (2) and (3) do not apply to an employee who—
(a) where the Secretary to the Department of Community Services has agreed to provide, or arrange for the provision of, vocational training under Part VIII of the
Social Security Act 1947 for the employee—has unreasonably refused to undertake that training; or(b) where the Commonwealth has agreed to provide, or arrange for the provision of, training for the employee, being training equivalent to training referred to in paragraph (a)—has unreasonably refused to undertake that equivalent training.
“(5) In determining for the purposes of this section whether an employee has taken all reasonable steps to obtain suitable employment, regard shall be had to—
(a) the state of the labour-market at the relevant time;
(b) where there are disadvantages in the employee having to change his or her town or other place of residence in order to obtain suitable employment—those disadvantages; and
(c) any other relevant matter.”.
(a) by omitting from sub-section (1) “Director-General of Social Services” and substituting “Secretary to the Department of Community Services”;
(b) by omitting from sub-section (1)
“Social Services Act 1947-1971” and substituting“Social Security Act 1947 ”;(c) by omitting sub-section (2) and substituting the following sub-section:
“(2) This section does not apply in relation to—
(a) a person referred to in sub-paragraph 135 (1) (a) (i), (ii), (iii) or (iv) of the
Social Security Act 1947 ; or(b) a person who, by virtue of sub-section 135a (2) of that Act, is not eligible to receive treatment or training under Part VIII of that Act.”; and
(d) by omitting sub-section (3) and substituting the following sub-section:
“(3) Part VIII of the
Social Security Act 1947 applies, so far as it is capable of application, in relation to a person who is receiving vocational training in pursuance of this section as if the person were a person in receipt of an invalid pension under that Act and a person referred to in paragraph 135 (1) (a) of that Act, but the person is not entitled to receive, during a period commencing on a day that is a pension pay-day for the purposes of that Act and ending immediately before the commencement on the next succeeding day that is a pension pay-day for the purposes of that Act, an amount, or amounts, under that Part except to the extent that that amount, or the sum of those amounts, exceeds the amount of compensation payable to the person under sub-section (5) during that period.”.
“(1a) The compensation payable under this Act in respect of an injury that results in the partial loss of the genitals but not the total and permanent loss of the capacity to engage in sexual intercourse is an amount equal to 50% of the amount of compensation payable under sub-section (1) and is payable to the employee.
“(1b) The compensation payable under this Act in respect of an injury suffered by a female employee that results in the loss by her of one breast shall be an amount equal to 50% of the amount of compensation payable under sub-section (1) and is payable to the employee.
“(1c) The compensation payable under this Act in respect of an injury suffered by a female employee that results in the loss by her of both breasts shall be an amount equal to the amount of compensation payable under sub-section (1) and is payable to the employee.”.
“(6) Compensation under sub-section (5) in relation to a child is not payable in respect of—
(a) any period during which the child is not a child in relation to whom this Act applies; and
(b) in the case of a child referred to in paragraph (5) (c)—any period during which, if the employee had not died, the child would not have been wholly or mainly dependent upon the employee.”.
“(5) If a child in relation to whom this Act applies is—
(a) a prescribed person in relation to the employee; and
(b) is the only prescribed person who is wholly or mainly dependent upon the employee,
sub-section (4) does not apply in relation to that child.”.
“(a) an amount by way of pay in respect of a period of leave of absence granted, or in lieu of the grant of a period of leave of absence, under section 16 or 17 of the
Long Service Leave (Commonwealth Employees )Act 1976 , under section 73 or 74 of thePublic Service Act 1922 as in force before 20 December 1976 or under section 7 or 8 of theCommonwealth Employees’ Furlough Act 1943 as in force before that day;”.
(a) by omitting from sub-section (3) “, subject to the next succeeding sub-section,”;
(b) by omitting sub-section (4);
(c) by omitting from sub-section (5) “, subject to the next succeeding sub-section,”; and
(d) by omitting sub-sections (6), (7) and (8).
“121b. (1) This section applies to a person to whom payments of compensation under section 45 or 46 are being made and have been made for a period of 3 months or longer.
“(2) A person to whom this section applies who leaves Australia (whether or not the person intends to return to Australia), other than a person who, before leaving Australia, gave the Commissioner a notice in writing that stated that the person proposes to leave Australia and specified the day on which the person proposed to do so, shall, within 7 days after the day on which the person leaves Australia, give the Commissioner notice in writing stating that the person has left Australia and specifying the day on which the person did so.
“(3) Where a person to whom this section applies is absent from Australia for a period that exceeds 3 months, the person shall—
(a) within 7 days after the expiration of the period of 3 months commencing on the day on which the person left Australia; and
(b) within 7 days after the expiration of each successive period of 3 months (if any) ending while the person is still absent from Australia,
give the Commissioner a notice in writing setting out particulars of the residential address of the person on the day on which the notice is given.
Penalty: $500.”.
“(3) Where a payment to an approved organization under this Act has, in accordance with this section, been made on terms and conditions, the Secretary, with the agreement of the organization, may, by writing, vary those terms and conditions and, where there is an agreement under sub-section (2) with respect to the terms and conditions so varied, that agreement shall be taken to be varied accordingly.”.
“(4) Where a grant to an eligible organization has, in accordance with this section, been made on terms and conditions, the Minister, with the agreement of the organization, may, by writing, vary those terms and conditions and, where there is an agreement under sub-section (2) with respect to the terms and conditions so varied, that agreement shall be taken to be varied accordingly.”.
“31a. (1) Where—
(a) a grant to an eligible organization under section 10 has, in accordance with section 31, been made on terms and conditions with respect to land, or to a building or buildings; and
(b) the organization has transferred, or proposes to transfer, its interest in the land, or in the building or in one or more of the buildings, to another eligible organization,
the Minister may enter into an agreement with that other organization under which that other organization is required to comply, or will, upon the transfer being effected, be required to comply, with some or all of those terms and conditions in so far as they relate to the land, or the building or buildings, the subject of the transfer.
“(2) Where—
(a) an eligible organization has entered into an agreement under sub-section (1) or this sub-section under which it is required to comply
with certain terms and conditions with respect to land, or to a building or buildings; and
(b) the organization has transferred, or proposes to transfer, its interest in the land, or in the building or in one or more of the buildings, to another eligible organization,
the Minister may enter into an agreement with that other organization under which that other organization is required to comply, or will, upon the transfer being effected, be required to comply, with some or all of those terms and conditions in so far as they relate to the land, or to the building or buildings, the subject of the transfer.
“(3) Where an agreement under sub-section (1) or (2) between the Minister and an eligible organization is in force, the Minister, with the agreement of the organization, may, by writing, vary that agreement.”.
“‘income’, in relation to a person, means income that would, if Part VII of the
Social Security Act 1947 applied to the person, be income of the person for the purposes of that Part and includes—(a) a payment under that Act (other than a payment of an allowance under Part IIa, V, VI, VIb or VIIb of that Act, a benefit under Part IVa of that Act or a pension under Part VIa of that Act);
(b) a pension payable under the
Repatriation Act 1920, theRepatriation (Far East Strategic Reserve )Act 1956 or theRepatriation (Special Overseas Service )Act 1962; (c) a pension payable by a foreign country, being a pension that, in the opinion of the Secretary to the Department of Social Security, is similar in character to a pension specified in paragraph (b);
(d) a pension under the
Seamen’s War Pensions and Allowances Act 1940; and(e) a payment under the scheme known as the New Enterprise Incentive Scheme;”.
“(4) Where a payment or advance under this Act to an eligible organization has, in accordance with this section, been made on terms and conditions, the Minister, with the agreement of the organization, may, by writing, vary those terms and conditions and, where there is an agreement under sub-section (2) with respect to the terms and conditions so varied, that agreement shall be taken to be varied accordingly.”.
“13a. (1) Where—
(a) a payment or advance to an eligible organization under this Act has, in accordance with section 13, been made on terms and conditions with respect to land, or to a building or buildings; and
(b) the organization has transferred, or proposes to transfer, its interest in the land, or in the building or in one or more of the buildings, to another eligible organization,
the Minister may enter into an agreement with that other organization under which that other organization is required to comply or will, upon the transfer being effected, be required to comply, with some or all of those terms and conditions in so far as they relate to the land, or the building or buildings, the subject of the transfer.
“(2) Where—
(a) an eligible organization has entered into an agreement under sub-section (1) or this sub-section under which it is required to comply with certain terms and conditions with respect to land, or to a building or buildings; and
(b) the organization has transferred, or proposes to transfer, its interest in the land, or in the building or in one or more of the buildings, to another eligible organization,
the Minister may enter into an agreement with that other organization under which that other organization is required to comply, or will, upon the transfer being effected, be required to comply, with some or all of those terms and conditions in so far as they relate to the land, or to the building or buildings, the subject of the transfer.
“(3) Where an agreement under sub-section (1) or (2) between the Minister and an eligible organization is in force, the Minister, with the agreement of the organization, may, by writing, vary that agreement.”.
(a) by inserting after sub-section (5) the following sub-section:
“(5a) For the purposes of this section—
(a) a qualified nursing home patient shall be taken to be absent from an approved nursing home on the day on which the patient leaves the nursing home to commence an absence from the nursing home pursuant to an agreement made under sub-section (2); and
(b) a qualified nursing home patient shall not be taken to be absent from an approved nursing home on the day on which the patient returns to the nursing home after an absence from the nursing home pursuant to an agreement made under sub-section (2) or, if the patient dies while he or she is absent from the nursing home pursuant to such an agreement, on the day on which he or she dies.”; and
(b) by omitting sub-sections (7) and (8) and substituting the following sub-section:
“(7) In this section, ‘relevant period’, in relation to a qualified nursing home patient, means the year commencing on the day on which this section came into operation and each subsequent year.”.
(a) by inserting in sub-paragraph (6) (c) (i) “or a Repatriation nursing home patient” after “a qualified nursing home patient”;
(b) by omitting from sub-paragraph (6) (c) (i) “Permanent Head in relation to the nursing home” and substituting “Secretary in relation to the nursing home, and in the computation of the fees charged in respect of that care of the patient the day of admission of the patient to the nursing home and the day of discharge of the patient from the nursing home or, if the patient dies without having been discharged from the nursing home, the day on which the patient dies, shall be counted together as one day”;
(c) by omitting from sub-paragraph (6) (c) (ii) “a qualified nursing patient or a short-term respite care patient in the nursing-home” and substituting “a qualified nursing home patient, a short-term respite care patient or a Repatriation nursing home patient in the nursing home”;
(d) by omitting from paragraph (6) (ca) “nursing-home” (wherever occurring) and substituting “nursing home”; and
(e) by omitting from paragraph (6) (ca) “or a short-term respite care patient” and substituting “, a short-term respite care patient or a Repatriation nursing home patient”.
(a) by omitting from paragraph (1) (a) “or” (last occurring);
(b) by inserting after paragraph (1) (a) the following paragraph:
“(aa) for the purposes of sub-section 29 (1); or”;
(c) by omitting from paragraph (2) (a) “or” (last occurring);
(d) by inserting after paragraph (2) (a) the following paragraph:
“(aa) in the case of a decision for the purposes of sub-section 29 (1)—on the person affected by the decision; or”; and
(e) by adding at the end the following sub-section:
“(4) In this section, ‘decision’ includes a determination and an assessment.”.
(a) by inserting after paragraph (3) (e) the following paragraph:
“(ea) the reference in sub-section 6ab(4) of that Act to the first pension pay day after the request is lodged shall be read as a reference to the day on which the request is lodged;”; and
(b) by inserting after paragraph (3) (f) the following paragraph:
“(fa) the reference in paragraph 6ac (13) (c) to the pay day on which the pension, benefit or allowance first became payable shall be read as a reference to the day as from which the service pension became payable;”.
(a) by omitting from paragraph (3) (ea) “pension pay day” and substituting “pension pay-day”;
(b) by omitting from paragraph (3) (fa) “pay day” and substituting “pension pay-day”; and
(c) by adding at the end the following sub-sections:
“(6) Notwithstanding any other provision of this Act, a child shall not be treated, for the purposes of this Division, as a child in relation to a person who is claiming or receiving a service pension, unless—
(a) the child is living in Australia, whether or not the child is temporarily absent from Australia;
(b) the child is living outside Australia, the person is living in Australia, the day that is the relevant day in relation to the person in respect of the child has not occurred and the Commission is satisfied that it is likely that the person will bring the child to live in Australia on or before that day; or
(c) where the person is receiving a service pension—the child is living with the person outside Australia.
“(7) Subject to sub-section (8), the relevant day, for the purposes of sub-section (6), in relation to a person in respect of a child, is the day that falls on the fourth anniversary of the earliest day that was a day on which—
(a) the person was living in Australia;
(b) the child was living outside Australia; and
(c) the child was a child of the person.
“(8) Where, for any special reason in any particular case, the Commission is of the opinion that, for the purposes of sub-section (6), the relevant day in relation to a person in respect of a child should be a later day than the day that would, but for this sub-section, be that relevant day, the Commission may determine that, for the purposes of
that sub-section, that later day is the relevant day in relation to that person in respect of that child.”.
“(3b) For the purposes of this Division (other than sub-sections 87 (1b) and (1c)), where a child is dependent on a member of the Forces, the income of the member shall be reduced by—
(a) if the member is an unmarried person or a married person whose spouse is not in receipt of a service pension under this Act, a pension, benefit or allowance under Part III, IVaaa or VIIa of the
Social Security Act 1947 ,or a rehabilitation allowance under Part VIII of that Act—$312 per annum less the annual amount of any payment (not being a payment under this Act, under theSocial Security Act 1947 or under theTuberculosis Act 1948 )received by the member or the spouse of the member for or in respect of the child; or(b) if the member is a married person whose spouse is in receipt of a pension, benefit or allowance referred to in paragraph (a)—$156 per annum less one-half of the annual amount of any payment (not being a payment under this Act, under the
Social Security Act 1947 or under theTuberculosis Act 1948 )received by the member or the spouse of the member for or in respect of the child.”.
“97. (1) This section applies to a person in respect of a period that is a pension period in relation to the person if—
(a) the person is entitled to receive, during that pension period—
(i) a payment of a service pension; and
(ii) a payment under the scheme known as the New Enterprise Incentive Scheme; and
(b) in a case where the person is a married person, the spouse of the person is not entitled to receive, during that pension period—
11. No. 6, 1920, as amended. For previous amendments, see No. 34, 1921; No. 23, 1922; No. 14, 1929; No. 74, 1930; Nos. 10 and 47, 1931; No. 32, 1934; No. 58, 1935; Nos. 29 and 67, 1936; Nos. 12, 24 and 42, 1937; No. 55, 1938; Nos. 37 and 96, 1940; No. 49, 1941; No. 22, 1943; No. 11, 1945; No. 49, 1946; Nos. 1, 29 and 74, 1947; No. 39, 1948; No. 38, 1949; Nos. 34 and 80, 1950; No. 31, 1951; No. 58, 1952; No. 69, 1953; No. 31,
1954; No. 39, 1955; Nos. 68 and 97, 1956; No. 44, 1957; No. 47, 1958; No. 58, 1959; No. 44, 1960; No. 46, 1961; Nos. 75 and 91, 1962; No. 47, 1963; Nos. 62 and 105, 1964; No. 64, 1965; No. 42, 1966; No. 64, 1967; Nos. 66 and 120, 1968; No. 95, 1969; Nos. 4 and 60, 1970; Nos. 17 and 68, 1971; Nos. 15, 82 and 139, 1972; Nos. 2, 27 and 104, 1973; No. 216, 1973 (as amended by No. 20, 1974); Nos. 3, 24 and 90, 1974; Nos. 35, 56 and 111, 1975; Nos. 27, 91 and 112, 1976; No. 56, 1977; Nos. 129 and 170, 1978; Nos. 18 and 124, 1979; No. 129, 1980; Nos. 41, 61 and 160, 1981; Nos. 20 and 80, 1982; No. 100, 1982 (as amended by No. 39, 1983); Nos. 36 and 70, 1983; and Nos. 78, 97 and 134, 1984.
12. No. 2, 1973.
13. No. 91, 1956, as amended. For previous amendments, see No. 90, 1962; No. 107, 1964; No. 93, 1966; No. 81, 1972; No. 4, 1973; No. 216, 1973 (as amended by No. 20, 1974); No. 90, 1974; No. 129, 1978; No. 18, 1979; No. 160, 1981; No. 100, 1983; and No. 97, 1984.
14. No. 97, 1984.
15. No. 89, 1962, as amended. For previous amendments, see No. 108, 1964; No. 110, 1965; No. 93, 1966; No. 78, 1968; No. 80, 1972; No. 3, 1973; No. 216, 1973 (as amended by No. 20, 1974); No. 90, 1974; No. 129, 1978; No. 18, 1979; No. 160, 1981; No. 100, 1982; No. 70, 1983; and No. 97, 1984.
16. No. 60, 1940, as amended. For previous amendments, see No. 77, 1946; No. 80, 1950; Nos. 17 and 75, 1952; No. 70, 1953; No. 32, 1954; No. 40, 1955; No. 45, 1957; No. 48, 1958; No. 59, 1959; No. 46, 1960; No. 47, 1961; Nos. 64 and 113, 1964; No. 65, 1965; No. 43, 1966; No. 102, 1967; No. 67, 1968; No. 96, 1969; No. 61, 1970; Nos. 18 and 69, 1971; Nos. 16 and 83, 1972; Nos. 6 and 106, 1973; Nos. 4, 25 and 90, 1974; Nos. 35 and 111, 1975; Nos. 27, 91 and 112, 1976; No. 56, 1977; No. 129, 1978; Nos. 18 and 124, 1979; No. 129, 1980; No. 160, 1981; Nos. 80 and 100, 1982; No. 70, 1983; and No. 97, 1984.
17. No. 26, 1947, as amended. For previous amendments, see Nos. 38 and 69, 1948; No. 16, 1949; Nos. 6 and 26, 1950; No. 22, 1951; Nos. 41 and 107, 1952; No. 51, 1953; No. 30, 1954; Nos. 15 and 38, 1955; Nos. 67 and 98, 1956; No. 46, 1957; No. 44, 1958; No. 57, 1959; No. 45, 1960; No. 45, 1961; Nos. 1 and 95, 1962; No. 46, 1963; Nos. 3 and 63, 1964; Nos. 57 and 152, 1965; No. 41, 1966; Nos. 10 and 61, 1967; No. 65, 1968; No. 94, 1969; Nos. 2 and 59, 1970; Nos. 16 and 67, 1971; Nos. 1, 14, 53 and 79, 1972; Nos. 1, 26, 48, 103 and 216, 1973; Nos. 2, 23 and 91, 1974; Nos. 34, 56, 101 and 110, 1975; Nos. 26, 62 and 111, 1976; No. 159, 1977; No. 128, 1978; No. 121, 1979 (as amended by Nos. 37 and 98, 1982); No. 130, 1980; Nos. 61 and 170, 1981; No. 159, 1981 (as amended by No. 98, 1982); Nos. 37, 98 and 148, 1982; Nos. 4 and 36, 1983; No. 69, 1983 (as amended by No. 78, 1984); and Nos. 46, 78, 93, 120, 134 and 165, 1984.
18. No. 93, 1984.
19. No. 69, 1983, as amended. For previous amendments, see No. 78, 1984.
20. On the day on which the
Social Security and Repatriation Legislation Amendment Act 1985 receives the Royal Assent, the heading to section 83e of theSocial Security Act 1947 is altered to “Claim for benefit”.
[
House of Representatives on 15 May 1985
Senate on 27 May 1985
0
0
0