Social Security (Employment Pathway Plan Requirements) (DEEWR) Determination 2009 (No. 1)
as amended
made under subsections 501A (4), 544B (1B) and 606 (1B) of the
Social Security Act 1991
This compilation was prepared on 10 August 2009 taking into account amendments up to Social Security (Employment Pathway Plan Requirements) (DEEWR) Amendment Determination 2009 (No. 1) (F2009L03067).
Prepared by the Department of Education, Employment and Workplace Relations.
Part 1 Preliminary
1 Name of determination
This determination is the Social Security (Employment Pathway Plan Requirements) (DEEWR) Determination 2009 (No. 1).
2 Commencement
This determination commences on 1 July 2009.
3 Revocation
The following instruments are revoked:
(a) the Social Security (Activity Agreement Requirements) (DEST) Determination 2006;
(b) the Social Security (Activity Agreement Requirements) (DEWR) Determination 2006.
4 Definitions
In this determination:
Act means the Social Security Act 1991.
employment pathway plan means a Parenting Payment Employment Pathway Plan, a Youth Allowance Employment Pathway Plan or a Newstart Employment Pathway Plan.
5 Kinds of requirements that employment pathway plans must not contain
(1) For subsections 501A (3), 544B (1A) and 606 (1A) 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 unlawful activity, including 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 (including psychological impairment or mental 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.
6 Kinds of requirements Youth Allowance Employment Pathway Plans must not contain
A Youth Allowance Employment Pathway Plan to which section 544DA of the Act applies must not contain a requirement to look for work.
Note to the Social Security (Employment Pathway Plan Requirements) (DEEWR) Determination 2009 (No. 1)
Note 1
The Social Security (Employment Pathway Plan Requirements) (DEEWR) Determination 2009 (No. 1) in force under subsections 501A (4), 544B (1B) and 606 (1B) of the Social Security Act 1991 as shown in this compilation is amended as indicated in the Tables below.
Table of Instruments
Title | FRLI registration number | Date of notification in Gazette or FRLI registration | Date of commencement | Application, saving or transitional provisions |
Social Security (Employment Pathway Plan Requirements) (DEEWR) Determination 2009 (No. 1) | F2009L01804 | 12 May 2009 | 1 July 2009 | |
Social Security (Employment Pathway Plan Requirements) (DEEWR) Amendment Determination 2009 (No. 1) | F2009L03067 | 6 August 2009 | 7 August 2009 | |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
S. 6 | ad. 2009 F2009L03067 |
Overview
The Social Security (Employment Pathway Plan Requirements) (DEEWR) Determination 2009 (No. 1) was enacted to address the need for clear guidelines regarding the types of requirements that Employment Pathway Plans must avoid. This legislative instrument, made under the authority of the Social Security Act 1991, aims to ensure that these plans do not impose unlawful or harmful activities on beneficiaries. The determination, which commenced on 1 July 2009, revokes previous determinations made by the Department of Education, Science and Training (DEST) and the Department of Employment and Workplace Relations (DEWR). The policy objective is to safeguard the wellbeing of individuals receiving social security benefits while promoting meaningful and lawful employment pathways. The determination outlines specific activities and requirements that Employment Pathway Plans must not include, such as those involving criminal activity, involuntary treatment, unlawful activities, or tasks that would exacerbate a beneficiary's health conditions.
Scope and Application
The Social Security (Employment Pathway Plan Requirements) (DEEWR) Determination 2009 (No. 1) applies to employment pathway plans, including Parenting Payment Employment Pathway Plans, Youth Allowance Employment Pathway Plans, and Newstart Employment Pathway Plans, under the Social Security Act 1991. This legislation specifies the types of requirements that these employment pathway plans must not include, such as those that mandate involvement in criminal activities, involuntary medical or psychiatric treatment, unlawful activities, or activities that would exacerbate an existing illness, disability, or injury. The determination is in force at the Commonwealth level, providing uniform standards across Australia. It supersedes previous determinations concerning activity agreements and was amended in 2009 to update and refine the requirements. Notably, Youth Allowance Employment Pathway Plans are additionally prohibited from including requirements to look for work. The scope and applicability of the determination can be further extended or modified through subordinate instruments, which may include additional regulations or amendments as necessary.
Key Provisions
The Social Security (Employment Pathway Plan Requirements) (DEEWR) Determination 2009 (No. 1) sets forth specific requirements and prohibitions for employment pathway plans under the Social Security Act 1991. These plans include Parenting Payment Employment Pathway Plans, Youth Allowance Employment Pathway Plans, and Newstart Employment Pathway Plans (sections 5 and 6). The determination outlines the kinds of requirements that these plans must not contain. For example, plans cannot require the recipient to engage in criminal activity, involuntary medical or psychiatric treatment, or activities outside Australia (section 5(1)(a)). Similarly, plans must not require recipients to undertake unlawful activities or those that would contravene discrimination or occupational health and safety laws (section 5(1)(b)). Additionally, for recipients with medical evidence of illness, disability, or injury, plans must not mandate activities that would aggravate their condition or where appropriate support is not available (section 5(1)(c)). Moreover, Youth Allowance Employment Pathway Plans must not include a requirement to look for work (section 6).
The determination imposes obligations on the entities responsible for creating and managing these employment pathway plans. Specifically, these plans must adhere to the outlined requirements and prohibitions, ensuring that they do not mandate activities that could be harmful, illegal, or inappropriate for the recipient's condition. The entities must also ensure that the plans comply with the stipulations regarding unlawful activities and activities outside Australia, as well as those related to involuntary treatment and work search requirements for Youth Allowance recipients.
Failure to comply with the requirements set forth in the determination can result in civil or criminal consequences. Although specific penalties are not detailed in the determination, breaches of the Social Security Act 1991 generally can lead to civil penalties, including fines. In more severe cases, criminal offences may apply, leading to potential imprisonment. The maximum penalties for breaches would be determined by the relevant sections of the Social Security Act 1991, but the determination ensures that non-compliance is taken seriously to protect the welfare and rights of recipients.