Social Security Legislation Amendment (Connecting People with Jobs) Act 2010
No. 130, 2010
An Act to amend the Social Security (Administration) Act 1999, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendments
Social Security (Administration) Act 1999
Social Security Legislation Amendment (Connecting People with Jobs) Act 2010
No. 130, 2010
An Act to amend the Social Security (Administration) Act 1999, and for related purposes
[Assented to 24 November 2010]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Social Security Legislation Amendment (Connecting People with Jobs) Act 2010.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 24 November 2010 |
2. Schedule 1 | The later of: (a) the day after this Act receives the Royal Assent; and (b) 1 January 2011. | 1 January 2011 (paragraph (b) applies) |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in Column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedule(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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Social Security (Administration) Act 1999
1 Section 42A
Omit:
• The Secretary may also determine that a person is unemployed as a result of a voluntary act or misconduct. If the Secretary does so, a participation payment is not payable to the person for 8 weeks.
substitute:
• The Secretary may also determine that a person is unemployed as a result of a voluntary act or misconduct. If the Secretary does so, a participation payment is not payable to the person for either 8 or 12 weeks, depending on the circumstances.
2 Subsection 42S(3)
Repeal the subsection, substitute:
Period of non‑payment
(3) The participation payment is not payable to the person for the period (the unemployment non‑payment period) of:
(a) 8 weeks beginning on the initial day; or
(b) 12 weeks beginning on the initial day if, during the 6 months ending on the day immediately before the person becomes unemployed, the person has been paid relocation assistance in relation to the employment to which the voluntary act or misconduct related.
Note: The Secretary may end an unemployment non‑payment period under subsection (4).
(3A) For the purposes of subsection (3), the initial day is:
(a) the day that the person becomes unemployed as a result of the person’s voluntary act or misconduct; or
(b) the first day of the first instalment period that begins after the day the Secretary makes the determination if:
(i) the Secretary considers that first day is more appropriate than the day mentioned in paragraph (a); and
(ii) the person is receiving a participation payment at the time of the voluntary act or misconduct.
Note: For the day the Secretary makes the determination, see section 42Y.
(3B) For the purposes of subsection (3), relocation assistance, in relation to employment, means a payment:
(a) that is made by the Commonwealth to a person for the purpose of assisting the person to take up the employment; and
(b) that is specified in a legislative instrument made by the Secretary for the purposes of this paragraph.
3 Section 42Y
Omit “42S(3)(b)”, substitute “42S(3A)(b)”.
4 Section 110A
Omit “42S(3)”, substitute “42S(3) or (4)”.
5 Application
The amendments made by items 2 and 3 apply in relation to persons who become unemployed on or after the day on which the first instrument made for the purposes of paragraph 42S(3B)(b) of the Social Security (Administration) Act 1999 takes effect.
Note: Section 12 of the Legislative Instruments Act 2003 deals with when a legislative instrument takes effect.
[Minister’s second reading speech made in—
House of Representatives on 21 October 2010
Senate on 15 November 2010]
Overview
The Social Security Legislation Amendment (Connecting People with Jobs) Act 2010 was enacted by the Parliament of Australia to amend the Social Security (Administration) Act 1999, addressing gaps in the existing social security framework by introducing measures to better connect people with job opportunities. The primary policy objective of this Act is to reform the unemployment non-payment period, which determines the duration for which a person is ineligible for participation payments if their unemployment results from a voluntary act or misconduct. This reform aims to provide more flexibility and fairness in the social security system, by allowing the Secretary to determine non-payment periods of either 8 or 12 weeks, depending on the individual circumstances of the person involved.
The Act introduces these amendments to enhance the effectiveness of the social security system in encouraging job seekers to actively engage in employment opportunities. By allowing for a longer non-payment period in certain cases, the legislation seeks to better align the social security provisions with the broader employment landscape, thereby supporting the overall goal of reducing unemployment and improving job connectivity for individuals reliant on social security payments.
Scope and Application
The Social Security Legislation Amendment (Connecting People with Jobs) Act 2010 amends the Social Security (Administration) Act 1999, which governs the administration of social security benefits in Australia. The Act applies to individuals who are unemployed due to voluntary acts or misconduct, altering the non-payment period of participation payments from a fixed 8 weeks to either 8 or 12 weeks, depending on specific circumstances. This change specifically applies to those who become unemployed on or after the effective date of the first legislative instrument made under section 42S(3B)(b) of the Social Security (Administration) Act 1999. The legislation has a national reach as it is a Commonwealth Act and applies across Australia. There are no stated exclusions or exemptions within the provided text, although the application of the amended provisions is contingent on the creation and effect of subordinate legislative instruments.
Key Provisions
The Social Security Legislation Amendment (Connecting People with Jobs) Act 2010 amends the Social Security (Administration) Act 1999 by altering the circumstances under which a person can be deemed unemployed as a result of a voluntary act or misconduct (section 42A). It modifies the duration of the non-payment period for participation payments, allowing it to be either 8 or 12 weeks depending on specific circumstances (section 42S). The Act also repeals and replaces subsection 42S(3) to clarify the conditions under which the non-payment period applies (Schedule 1, item 2). The amendments further adjust the references in sections 42Y and 110A to align with these changes (Schedule 1, items 3 and 4). These changes apply to individuals who become unemployed on or after the commencement of the legislative instrument specified in section 42S(3B)(b) (Schedule 1, item 5).
Under the amended Social Security (Administration) Act 1999, the Secretary can now determine that an individual is unemployed due to a voluntary act or misconduct. The Act imposes specific obligations on the Secretary to determine the duration of the non-payment period for participation payments. The Secretary must assess whether the individual has received relocation assistance within the six months preceding their unemployment to decide if the non-payment period should be 8 or 12 weeks. The Secretary also has the authority to end the unemployment non-payment period under subsection 42S(4). Additionally, the Secretary must specify the criteria for relocation assistance in a legislative instrument, as mandated by section 42S(3B)(b).
Breaches of the provisions in the Social Security Legislation Amendment (Connecting People with Jobs) Act 2010 and the amended Social Security (Administration) Act 1999 may result in civil and criminal penalties. The exact nature of these penalties is not specified in the Act, but generally, violations of social security laws can lead to fines or imprisonment. The specific penalties for non-compliance would be detailed in the relevant sections of the Social Security (Administration) Act 1999 and other applicable laws. Individuals found to be in breach of these provisions could face significant legal consequences, including financial penalties and potential criminal charges.