Social Security Legislation Amendment (Work for the Dole) Act 1997 (Cth)

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Social Security Legislation Amendment (Work for the Dole) Act 1997

No. 109, 1997

An Act to amend the law relating to social security, and for related purposes

Contents

Social Security Legislation Amendment (Work for the Dole) Act 1997

No. 109, 1997

An Act to amend the law relating to social security, and for related purposes

[Assented to 7 July 1997]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the Social Security Legislation Amendment (Work for the Dole) Act 1997.

2Commencement

This Act commences on the day on which it receives the Royal Assent.

3Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

4Object

The object of the Act is to reinforce the principle of mutual obligations applying to payments under the Social Security Act 1991 in respect of unemployment by recognising that it is fair and reasonable that persons in receipt of such payments participate in approved programs of work in return for such payments and to set out the means by which they may be enabled, or required, to undertake such work.

Schedule 1—Amendment of the Social Security Act 1991

1

Section 3 (index)

Insert the following entries in their appropriate alphabetical position, determined on a letter-by-letter basis:

approved program of work for unemployment payment

28

approved program of work supplement

644AAA

2

Subsection 23(1)

Insert:

approved program of work for unemployment payment means a program of work that is declared by the Employment Secretary, under section 28, to be an approved program of work for unemployment payment.

3

Subsection 23(1)

Insert:

approved program of work supplement means an amount payable under section 644AAA to a person receiving newstart allowance.

4

After section 27

Insert:

28Approved programs of work for unemployment payment

  1. (1)

    The Employment Secretary may declare, in writing, particular programs of work to be approved programs of work for unemployment payment.

  2. (2)

    The Employment Secretary must not declare a particular program of work to be an approved program of work for unemployment payment if persons participating in the program would be required to work:

    1. (a)

      if the persons are under 21—more than 24 hours in each fortnight of their respective participation in the program; and

    2. (b)

      if the persons are not under 21—more than 30 hours for each fortnight of their respective participation in the program.

  3. (3)

    For the purposes of subsection (2), each fortnight of participation in the program is a fortnight in respect of which the person receives a payment of newstart allowance.

5

Before subparagraph 601(2)(a)(ii)

Insert:

  1. (ia)

    should participate in an approved program of work for unemployment payment; or

6

Before subsection 601(3)

Insert:

  1. (2E)

    For the purposes of paragraph (2)(b), the Secretary must not notify a person that the person is required to participate in an approved program of work for unemployment payment if:

    1. (a)

      because of the application of Module G of Payment Rate Calculator B in section 1068, the person is receiving a newstart allowance at a rate that has been reduced; or

    2. (b)

      in the Secretary’s opinion:

      1. (i)

        it has been established that there is medical evidence that the person has an illness, disability or injury that would be aggravated by the conditions in which the work would be performed; or

      2. (ii)

        performing the work in the conditions in which the work would be performed would constitute a risk to health or safety or would contravene a law of the Commonwealth, a State or a Territory relating to occupational health and safety.

  2. (2F)

    If, after the Secretary has notified the person that the person is required to participate in an approved program of work for unemployment payment, the Secretary:

    1. (a)

      is satisfied that the person is a person to whom paragraph (2E)(a) applies; or

    2. (b)

      forms the opinion that subparagraph (2E)(b)(i) or (ii) applies in relation to the performance of that work by the person;

the Secretary may, by notice in writing given to the person, inform the person that the requirement to participate in the program is revoked and, upon his or her so doing, the requirement is taken to have been revoked with effect from the day of that notification.

7

At the end of section 601A

Add:

  1. (3)

    If a person who is subject to the activity test in respect of a period fails, without reasonable excuse:

    1. (a)

      to commence, or to complete, an approved program of work for unemployment payment that the person is required to undertake; or

    2. (b)

      to comply with the conditions of such a program;

the person is taken to fail to satisfy the activity test.

Note: For the consequences of failing the activity test see section 624.

8

Paragraph 606(1)(e)

Omit “, not being measures compelling the person to work in return for payment of newstart allowance”.

9

After paragraph 606(1)(eb)

Insert:

  1. (ec)

    an approved program of work for unemployment payment;

10

After Subdivision G of Division 1 of Part 2.12

Insert:

Subdivision GA—Participation in an approved program of work for unemployment payment

631ADefinitions

For the purposes of this Subdivision:

activity test penalty period, in relation to a person, means a period during which a newstart allowance that would otherwise be payable to the person is payable at a reduced rate, or is not payable, because of the operation of section 624, 625, 626, 628, 629, 630 or 630AA in relation to an act or omission of the person.

administrative penalty period, in relation to a person, means a period during which a newstart allowance that would otherwise be payable to the person is payable at a reduced rate because of the operation of section 630C or 631 in relation to an act or omission of the person.

penalty period means:

  1. (a)

    activity test penalty period; or

  2. (b)

    administrative penalty period.

631BPenalty periods cease to apply on start of participation in approved program of work for unemployment payment

  1. (1)

    In spite of any provisions in this Act, if:

    1. (a)

      a penalty period or a number of penalty periods apply to, or, but for this section, would apply to, a person; and

    2. (b)

      the person starts to participate in an approved program of work for unemployment payment;

the penalty period or periods cease to apply to the person on and after that commencement.

  1. (2)

    Subsection (1) has effect whether or not the person completes the participation in that program.

631CParticipation in an approved program of work for unemployment payment does not give rise to employment under certain industrial relations legislation

A person is not to be taken, by reason only of participation in an approved program of work for unemployment payment in accordance with a requirement of the Secretary under section 601 or with the terms of a Newstart Activity Agreement under section 606, to be:

  1. (a)

    an employee within the meaning of section 9 of the Occupational Health and Safety (Commonwealth Employees) Act 1991; or

  2. (b)

    an employee within the meaning of section 5 of the Safety, Rehabilitation and Compensation Act 1988; or

  3. (c)

    an employee for the purposes of the Superannuation Guarantee (Administration) Act 1992; or

  4. (d)

    an employee for the purposes of the Workplace Relations Act 1996.

11

After section 644

Insert:

644AAAApproved program of work supplement

If a person:

  1. (a)

    is receiving newstart allowance; and

  2. (b)

    is participating in an approved program of work for unemployment payment;

the rate of the person’s newstart allowance is increased by an amount of $20.00, to be known as the approved program of work supplement, for each fortnight during which the person participates in the program unless, during that fortnight, the person subsequently ceases to participate in the program in circumstances that constitute:

  1. (c)

    a failure of the activity test to which the person is subject; or

  2. (d)

    a failure to comply with the terms of a Newstart Activity Agreement to which the person is subject.

12

After subparagraph 1223(7)(b)(iii)

Insert:

  1. or (iv)

    if the person was receiving newstart allowance—the rate of the person’s newstart allowance was increased by an approved program of work supplement when that rate should not have been so increased;

13

Paragraph 1223(7)(e)

Repeal the paragraph, substitute:

  1. (e)

    the amount of newstart training supplement;

  2. (f)

    the amount of approved program of work supplement.

14

Subsection 1223(7) (note)

Repeal the note, substitute:

Note: For job search training supplement see section 560, for newstart training supplement see section 644 and for approved program of work supplement see section 644AAA.

15

After paragraph 1239(2)(b)

Insert:

  1. (ba)

    under section 28 (approval of programs of work for unemployment payment); or

16

After subparagraph 1240(2)(b)(ii)

Insert:

  1. (iia)

    under section 28 (approval of programs of work for unemployment payment); or

17

Paragraph 1250(1)(ca)

After “labour market program”, insert “, program of work for unemployment payment”.

18

At the end of section 1299

Add:

  1. (6)

    The Employment Secretary may, by signed instrument, delegate the power of the Employment Secretary under section 28 to approve a program of work for unemployment payment:

    1. (a)

      to officers of the Employment Department or of the Department of Social Security; or

    2. (b)

      to employees of the Commonwealth Services Delivery Agency.

Schedule 2—Amendment of the Data‑matching Program (Assistance and Tax) Act 1990

  1. 1

    Subsection 3(1) (after subparagraph (c)(xvii) of the definition of personal assistance)

    Insert:

    1. (xviiaa)

      approved program of work supplement;

(34/97)

[Minister’s second reading speech made in—

House of Representatives on 19 March 1997

Senate on 27 May 1997]

I HEREBY CERTIFY that the above is a fair print of the Social Security Legislation Amendment (Work for the Dole) Bill 1997 which originated in the House of Representatives and has been finally passed by the Senate and the House of Representatives.

Clerk of the House of Representatives

IN THE NAME OF HER MAJESTY, I assent to this Act.

Governor-General

1997

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