Social Security (Employment Pathway Plan Requirements) (FaHCSIA) Determination 2009 (No. 1) (Cth)

Social Security (Employment Pathway Plan Requirements) (FaHCSIA) Determination 2009 (No. 1)

Social Security Act 1991

I, JEFF HARMER, Secretary of the Department of Families, Housing, Community Services and Indigenous Affairs, make this determination under subsection 731M(1B) of the Social Security Act 1991.

Dated                 26^th June   2009

J Harmer

Secretary of the Department of Families, Housing, Community Services and Indigenous Affairs

1              Name of determination

This Determination is the Social Security (Employment Pathway Plan Requirements) (FaHCSIA) Determination 2009 (No. 1).

2              Commencement

This Determination commences on 1 July 2009.

3              Revocation

The Social Security (Activity Agreement Requirements) (FaCSIA) Determination 2006 is revoked

4              Definitions

   In this determination:

Act means the Social Security Act 1991.

employment pathway plan means a Special Benefit Employment Pathway Plan.

5              Kinds of requirements that employment pathway plans must not contain

For subsection 731M(1B) of the Act, the following are the kinds of requirements that an employment pathway plan must not contain:

(a)    a requirement:

(i)    to seek to be involved in, to participate or otherwise to be involved in a criminal activity; or

(ii)    to undergo involuntary psychiatric or psychological treatment; or

(iii)    to undergo involuntary medical treatment; or

(iv)    for a person residing in Australia — to seek to be involved in, or to undertake, an activity outside Australia; or

(v)    to seek work as a sex worker or to participate, or otherwise be involved, in the sex or adult entertainment industry;

(b)    a requirement to undertake, or to seek to undertake, an activity that would contravene:

(i)    a law of the Commonwealth, a State or a Territory relating to discrimination against persons; or

(ii)    a law of the Commonwealth, a State or a Territory relating to occupational health and safety;

(c)    for a person who has an illness, disability or injury that has been established by medical evidence — a requirement to undertake, or to seek to undertake, an activity:

(i)    that medical evidence indicates would aggravate the illness, disability or injury; or

(ii)    in circumstances where the Secretary considers that appropriate support or facilities to manage or take account of the illness, disability or injury would not be available.