Commonwealth Consolidated Acts

BUSINESS SERVICES WAGE ASSESSMENT TOOL PAYMENT SCHEME ACT 2015

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   3.      Simplified outline of this Act  
   3A.     Constitutional basis  
   3B.     Principles for nominees  
   4.      Definitions  

   PART 2--KEY--ELEMENTS OF BSWAT PAYMENT SCHEME

   5.      Simplified outline of this Part  
   6.      Eligibility  
   7.      Definition of intellectual impairment  
   8.      P ayment amount  
   8A.     Indexation  
   9.      Effect on representative proceedings  
   10.     Effect on certain claims  
   11.     Evidence of eligibility  

   PART 3--HOW--TO OBTAIN A PAYMENT UNDER THE BSWAT PAYMENT SCHEME

           Division 1--Simplified outline of this Part

   12.     Simplified outline of this Part  

           Division 2--Registration and application

   13.     Registration  
   14.     When a person cannot be included on the register  
   15.     Application  
   16.     When a person cannot make an application  

           Division 3--Determinations, offers and refusals

   17.     Determination of application  
   18.     Certain applications must not be determined  
   19.     Offer  
   20.     Refusal  
   21.     Certain circumstances in which offers and refusals cannot be given  
   22.     Extensions  

           Division 4--Internal review

   23.     Internal review at Secretary's initiative  
   24.     Internal review on application  
   25.     Withdrawal of application for internal review  

           Division 5--External review

   26.     Application for external review  
   27.     Appointing external reviewer  
   28.     External review  
   29.     Material that may be considered by external reviewer  
   30.     External reviewer may request Secretary to seek further information  
   31.     Withdrawal of application for external review  
   32.     Notice of decision on external review  

           Division 6--Determinations made on a review

   33.     Substituting determinations on a review  
   34.     Effect of review on previous offer or refusal  

           Division 7--Accepting an offer

   35.     Accepting an offer  
   36.     Legal advice certificate  
   37.     Financial counselling certificate  
   38.     Effective acceptance  
   39.     Notice to Federal Court  
   40.     Payment of amount  
   41.     Declining an offer  

   PART 4--NOMINEES

           Division 1--Introduction

   42.     Simplified outline of this Part  
   43.     Definition of participant  
   44.     Act that may be done  

           Division 2--Functions and responsibilities of nominee

   45.     Actions on behalf of participant  
   46.     Duties of nominee to participant  
   47.     Giving of notices to nominee  
   48.     Compliance by nominee  
   49.     Nominee to inform Secretary of matters affecting ability to act as nominee  

           Division 3--Appointment and cancellation or suspension of appointment

   50.     Appointment of nominee  
   51.     Provisions relating to appointments  
   52.     Circumstances in which the Secretary must cancel appointment of nominees  
   53.     General circumstances in which Secretary may cancel or suspend appointment of nominees  
   54.     Suspension etc. of appointment of nominees in cases of physical, mental or financial harm  
   55.     Other matters relating to cancellation or suspension of appointment  
   56.     Rules may prescribe requirements etc.  
   57.     Secretary ' s powers of revocation  

           Division 4--Review of certain decisions about nominees

   58.     R eview of certain decisions about nominees  
   59.     Application for review  
   60.     Withdrawal of application  
   61.     Review of decisions following application under section 59  
   62.     Notice and date of effect  

           Division 5--Other matters relating to nominees

   63.     Secretary ' s powers to give notices to participant  
   64.     Notification of nominee where notice is given to participant  
   65.     Protection of participant against liability for actions of nominee  
   66.     Protection of nominee against criminal liability  

   PART 5--ADMINISTRATION

           Division 1--Introduction

   67.     Simplified outline of this Part  

           Division 2--Informationgathering

   68.     Further information from applicant  
   69.     General power to obtain information  
   70.     Power to obtain information from a person who owes a debt to the Commonwealth  
   71.     Obtaining information about a person who owes a debt to the Commonwealth  
   72.     Written notice  
   73.     Offence  
   74.     Obligations not affected by State or Territory laws  

           Division 3--Privacy

   75.     Protection of information  
   76.     Offence--unauthorised access to protected information  
   77.     Offence--unauthorised use or disclosure of protected information  
   78.     Offence--soliciting disclosure of protected information  
   79.     Offence--offering to supply protected information  
   80.     Protection of certain documents etc. from production to court etc.  
   81.     Disclosure of information by Secretary  
   82.     R ules for exercise of Secretary's disclosure powers  
   83.     Part does not affect the operation of the Freedom of Information Act 1982  

           Division 4--Debt recovery

   84.     Debts due to the Commonwealth  
   85.     Joint and several liability for debts arising because of false and misleading statements  
   86.     Legal proceedings  
   87.     Arrangement for payment of debt  
   88.     Recovery of amounts from financial institutions  
   89.     Overseas application of debts  

           Division 5--Non-recovery of debts

   90.     Secretary may write off debt  
   91.     Power to waive Commonwealth's right to recover debt  
   92.     Waiver of debt arising from error  
   93.     Waiver of small debt  
   94.     Waiver in relation to settlements  
   95.     Waiver in special circumstances  

   PART 6--MISCELLANEOUS

   96.     Simplified outline of this Part  
   97.     Effect of person's death  
   98.     No admissions  
   98A.    Certain administrative matters  
   99.     Standing appropriation  
   100.    Delegation  
   101.    Approved forms  
   102.    Rules