Commonwealth Consolidated Acts Commonwealth Consolidated Acts1 Paragraph 500(1)(a)
Omit "to 500H", substitute "and 500F to 500H".
2 Paragraph 500(1)(c)
Repeal the paragraph, substitute:
(c) in a case where the person is not a member of a couple and does not have at least one PP child who has not turned 6--the person meets any participation requirements that apply to the person under section 500A; and
3 Subsection 500(4)
Repeal the subsection.
4 After section 500
Insert:
500A Participation requirements
The participation requirements are as follows:
(a) the person must enter into a Parenting Payment Activity Agreement when the person is required by the Secretary under section 501 to do so;
(b) while the agreement is in force the person must comply with its terms;
(c) at any time while the agreement is in force the person must be prepared to enter into another such agreement, instead of the existing agreement, if required to do so by the Secretary under section 501;
(d) the person must comply with any requirements that the Secretary notifies to the person under subsection 502(1).
5 Sections 500D to 500H
Repeal the sections, substitute:
(1) A child is a PP child of a person if:
(a) the child is a child of the person; and
(b) the person is a member of a couple; and
(c) the child has not turned 6; and
(d) the person is the principal carer of the child.
(2) A child is a PP child of a person if:
(a) the child is a child of the person; and
(b) the person is not a member of a couple; and
(c) the child has not turned 8; and
(d) the person is the principal carer of the child.
(3) A child is a PP child of a person if:
(a) the child is a child of the person; and
(b) the child has not turned 16; and
(c) the person is the principal carer of the child; and
(d) the person is covered by the parenting payment transitional arrangement in relation to that child or any other child (see section 500F); and
(e) since 1 July 2006, there has not been any continuous period of more than 12 weeks during which the person has not at any time been covered by the parenting payment transitional arrangement in relation to that child or any other child (see section 500F).
Note: For principal carer see subsections 5(15) to (24).
500E Prospective determinations for some recipients
(1) A person is qualified for parenting payment for a period determined by the Secretary if:
(a) the person is receiving parenting payment; and
(b) the Secretary considers at the start of the period that:
(i) the person may reasonably be expected to satisfy the qualification requirements for parenting payment (see sections 500 to 500C) during the period; and
(ii) it is reasonable to expect that parenting payment will be payable to the person for the period; and
(iii) the person will comply with the Act during the period; and
(c) except where the person is a CDEP Scheme participant in respect of the period, the person is not indebted at the start of the period to the Commonwealth under or as a result of this Act; and
(d) the Secretary is satisfied that the person should be qualified under this section for a parenting payment for the period.
(2) The Minister:
(a) must determine, by legislative instrument, guidelines for making decisions under paragraph ( 1)(b); and
(b) may revoke or vary the determination.
If the Minister revokes a determination, the Minister must determine, by legislative instrument, guidelines that take effect immediately after the revocation.
6 After Subdivision A of Division 1 of Part 2.10 of Chapter 2
Insert:
Subdivision AA -- Parenting payment transitional arrangement
500F When a person is covered by the parenting payment transitional arrangement
Person is not a member of a couple
(1) Subject to subsection ( 3), a person is covered by the parenting payment transitional arrangement in relation to a child if:
(a) immediately before 1 July 2006, the person was not a member of a couple; and
(b) immediately before 1 July 2006, that child (or any other child) was a PP child of the person in respect of whom:
(i) a determination under section 37 of the Administration Act was in force granting a claim for a parenting payment to the person; or
(ii) a determination under section 80, 81 or 82 of the Administration Act was in force suspending payment of a parenting payment to the person; and
Note: Section 500G expands the scope of subparagraph ( i). Subsection 500G(4) deals with the effect of backdated start dates on that subparagraph.
(c) the person is not a member of a couple; and
(d) in a case where the child has not turned 8--the person is qualified for parenting payment in relation to the child; and
(e) in a case where the child has turned 8--the person would be qualified for parenting payment in relation to the child if the child had not turned 8; and
(f) the person meets any participation requirements that apply to the person under section 500A.
Person is a member of a couple
(2) Subject to subsection ( 3), a person is covered by the parenting payment transitional arrangement in relation to a child if:
(a) immediately before 1 July 2006, the person was a member of a couple; and
(b) immediately before 1 July 2006, that child (or any other child) was a PP child of the person in respect of whom:
(i) a determination under section 37 of the Administration Act was in force granting a claim for a parenting payment to the person; or
(ii) a determination under section 80, 81 or 82 of the Administration Act was in force suspending payment of a parenting payment to the person; and
Note: Section 500G expands the scope of subparagraph ( i). Subsection 500G(4) deals with the effect of backdated start dates on that subparagraph.
(c) the person is a member of a couple; and
(d) in a case where the child has not turned 6--the person is qualified for parenting payment in relation to the child; and
(e) in a case where the child has turned 6--the person would be qualified for parenting payment in relation to the child if the child had not turned 6; and
(f) the person meets any participation requirements that apply to the person under section 500A.
Parenting payment transitional arrangement taken never to have covered person
(3) If:
(a) but for this subsection, a person would be covered by the parenting payment transitional arrangement in relation to a child; and
(b) the Secretary determines that the person's parenting payment is to be cancelled with effect from a day before 1 July 2006;
the person is taken never to have been covered by that arrangement.
Circumstances in which participation requirements need not be met
(4) Paragraph ( 1)(f) or (2)(f) (as the case requires) does not apply to the person:
(a) before 1 July 2007; or
(b) while the person has a PP child who has not turned 7.
Note: For PP child see section 500D.
500G When determinations are taken to be in force
Expanded scope of subparagraphs 500F(1)(b)(i) and (2)(b)(i)
(1) A reference in subparagraph 500F(1)(b)(i) or (2)(b)(i) to a determination under section 37 of the Administration Act that is in force granting a claim for a parenting payment to a person includes a reference to a determination that:
(a) would have been made granting a claim for that payment to the person; and
(b) would have been in force;
but for one or more of the circumstances specified in an instrument made under subsection ( 2).
(2) The Secretary may specify, by legislative instrument, circumstances to which subsection ( 1) applies. The Secretary may specify different circumstances in relation to each of the subparagraphs referred to in subsection ( 1).
(3) A reference in subparagraph 500F(1)(b)(i) or (2)(b)(i) to a determination under section 37 of the Administration Act that is in force granting a claim for a parenting payment to a person includes a reference to a determination that would have been in force, but for the operation of subsection 500(4) as in force immediately before 1 July 2006.
Backdated start date
(4) If:
(a) a determination is made on or after 1 July 2006 under section 37 of the Administration Act granting a claim for a parenting payment to a person; and
(b) the person's start date in relation to the payment is before 1 July 2006; and
(c) the Secretary has not determined that the parenting payment is to be cancelled with effect from a day before 1 July 2006;
the determination is taken, for the purposes of subparagraph 500F(1)(b)(i) or (2)(b)(i), to have been in force immediately before 1 July 2006.
500H The effect of cancellation
(1) A reference in paragraph 500F(1)(d) or (e) or (2)(d) or (e) to a person being qualified for parenting payment does not include a reference to a person if:
(a) the person's parenting payment has been cancelled; and
(b) no determination is in force granting another claim for parenting payment to the person.
(2) A reference in subsection ( 1) to the cancellation of a person's parenting payment does not include a reference to a cancellation of that payment because of one or more of the circumstances specified in an instrument made under subsection ( 3).
(3) The Secretary may, by legislative instrument, specify circumstances to which subsection ( 1) applies. The Secretary may specify different circumstances in relation to one or more of the paragraphs referred to in subsection ( 1).
(4) For the purposes of paragraph ( 1)(b), a determination granting another claim for parenting payment to a person is taken to be in force from the person's start date in relation to that parenting payment.
7 Division 2 of Part 2.10 of Chapter 2
Repeal the Division, substitute:
Division 2 -- Parenting Payment Activity Agreements
501 Parenting Payment Activity Agreements
(1) The Secretary may require a person who is subject to participation requirements to enter into a Parenting Payment Activity Agreement under this section.
Note: For when a person is subject to participation requirements see subsection 23(1).
(2) The Secretary may require a person who is a party to a Parenting Payment Activity Agreement under this section that is in force to enter into another such agreement instead of the existing one.
(3) Subject to subsection ( 4), subsections ( 1 ) and (2) do not apply to a person at any time during which the person is covered by a participation exemption under Division 3A.
(4) If a person is covered by a participation exemption under Division 3A only because of the application of section 502H, subsections ( 1) and (2) apply to the person only if subsection 502J(1) applies to the person.
(5) The Secretary is to give a person who is required to enter into a Parenting Payment Activity Agreement notice of:
(a) the requirement; and
(b) the places and times at which the agreement is to be negotiated.
(6) A Parenting Payment Activity Agreement is a written agreement in a form approved by the Secretary. The agreement is between the person and the Secretary.
501A Parenting Payment Activity Agreement--terms
(1) Subject to subsections ( 2) and (3) and sections 501B to 501E, a Parenting Payment Activity Agreement with a person is to require the person to undertake one or more activities that the Secretary regards as suitable for the person.
(2) If a Parenting Payment Activity Agreement requires a person, during a period, to engage for at least 30 hours per fortnight in paid work that the Secretary regards as suitable, the agreement must not require the person to undertake any other activities.
(3) An agreement must not contain a requirement of a kind that the Secretary determines under subsection ( 4).
(4) The Secretary m ust determine, by legislative instrument, kinds of requirements that agreements must not contain.
(4A) To avoid doubt, a determination under subsection (4) does not limit the Secretary's discretion to exclude other kinds of requirements from a particular agreement under subsection (1).
(5) The terms of an agreement, which include the specification of the activities that the person is to be required to undertake, are to be approved by the Secretary.
(6) In considering whether to approve the terms of an agreement with a person, the Secretary is to have regard to the person's capacity to comply with the proposed agreement and the person's needs.
(7) In having regard to a person's capacity to comply with an agreement, the Secretary is to take into account, but is not limited to, the following matters:
(a) the person's education, experience, skills and age;
(b) the impact of any disability, illness, mental condition or physical condition of the person on the person's ability to work, to look for work or to participate in training activities;
(c) the state of the local labour market and the transport options available to the person in accessing that market;
(d) the participation opportunities available to the person;
(e) the family and caring responsibilities of the person;
(f) the length of travel time required for compliance with the agreement;
(g) the financial costs of compliance with the agreement, such as travel costs, and the capacity to pay for such compliance;
(h) any other matters that the Secretary or the person considers relevant in the circumstances.
(8) An agreement with a person:
(a) may be varied (in negotiation with the person) or suspended; and
(b) if another Parenting Payment Activity Agreement is made with the person, may be cancelled; and
(c) may be reviewed from time to time at the request of either party to the agreement; and
(d) may be cancelled by the Secretary after a review under paragraph ( c).
(9) A recipient of parenting payment who is a party to an agreement is to notify the Secretary of any circumstances preventing or affecting the recipient's compliance with the agreement.
(1) A Parenting Payment Activity Agreement that requires a person to undertake, as an activity, looking for part - time paid work that the Secretary regards as suitable must require the person to undertake looking for such part - time paid work of at least the appropriate number of hours per week.
(2) The appropriate number of hours per week is:
(a) 15; or
(b) such other number as the Secretary determines to be appropriate having regard to the person's circumstances.
501C Parenting Payment Activity Agreements--people with partial capacity to work
(1) A Parenting Payment Activity Agreement that:
(a) is between the Secretary and a person who has a partial capacity to work; and
(b) requires the person to undertake, as an activity, looking for part - time paid work that the Secretary regards as suitable;
must require the person to undertake looking for such part - time paid work of at least the appropriate number of hours per week.
Note: For partial capacity to work see section 16B.
(2) The appropriate number of hours per week is:
(a) 15; or
(b) such other number as the Secretary determines to be appropriate having regard to the person's circumstances.
(1) A Parenting Payment Activity Agreement between the Secretary and a person must not require the person to participate in an approved program of work for income support payment if:
(a) either:
(i) if the person's rate of parenting payment is worked out under the Pension PP (Single) Rate Calculator in section 1068A--because of the application of Module E of that rate calculator, the person is receiving a parenting payment at a rate that has been reduced; or
(ii) if the person's rate of parenting payment is worked out under the Benefit PP (Partnered) Rate Calculator in section 1068B--because of the application of Module D of that rate calculator, the person is receiving a parenting payment at a rate that has been reduced; or
(b) in the Secretary's opinion:
(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
(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; or
(c) the person is at least 50 years of age and is not a person to whom subsection 28(4) applies.
(2) The Secretary may, by notice given to a person whom a Parenting Payment Activity Agreement requires to participate in an approved program of work for income support payment, revoke the requirement to participate in the program if the Secretary:
(a) is satisfied that:
(i) if the person's rate of parenting payment is worked out under the Pension PP (Single) Rate Calculator in section 1068A--because of the application of Module E of that rate calculator, the person is receiving a parenting payment at a rate that has been reduced; or
(ii) if the person's rate of parenting payment is worked out under the Benefit PP (Partnered) Rate Calculator in section 1068B--because of the application of Module D of that rate calculator, the person is receiving a parenting payment at a rate that has been reduced; or
(b) forms the opinion that:
(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
(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; or
(c) is satisfied that the person is at least 50 years of age and is not a person to whom subsection 28(4) applies.
(3) Upon the Secretary so notifying the person, the requirement is taken to have been revoked with effect from the day specified in the notice.
(4) A person is not to be taken, merely by participating in an approved program of work for income support payment in accordance with the terms of a Parenting Payment Activity Agreement under this section, to be:
(a) an employee within the meaning of section 9 of the Occupational Health and Safety (Commonwealth Employment) Act 1991 ; or
(b) an employee within the meaning of section 5 of the Safety, Rehabilitation and Compensation Act 1988 ; or
(c) an employee for the purposes of the Superannuation Guarantee (Administration) Act 1992 ; or
(d) an employee for the purposes of the Workplace Relations Act 1996 .
A Parenting Payment Activity Agreement between the Secretary and a person is taken to be suspended during any period during which the person is covered by a participation exemption under Division 3A because of section 502C or 502D.
Division 3 -- Additional participation requirements
502 Secretary may impose additional participation requirements
(1) Subject to sections 502A and 502B, if the Secretary is of the opinion that, throughout a period, a person who:
(a) is subject to participation requirements; and
(b) is not covered by a participation exemption under Division 3A;
should undertake particular paid work, other than paid work that is unsuitable to be done by the person, the Secretary may notify the person that the person is required to act in accordance with the opinion.
Note 1: For when a person is subject to participation requirements see subsection 23(1).
Note 2: See subsection ( 4) on what paid work is unsuitable.
(2) To avoid doubt, the work that the person is required to undertake under subsection ( 1) may involve a number of hours per week that differs from the number of hours of work per week that the person is required to seek to comply with a Parenting Payment Activity Agreement between the Secretary and the person.
(3) The person can be taken not to have complied with requirements notified to the person under subsection ( 1) whether or not the person has complied with requirements to enter into a Parenting Payment Activity Agreement and comply with its terms.
(4) Subject to subsections ( 7) and (8), for the purposes of this section, particular paid work is unsuitable for a person if and only if, in the Secretary's opinion:
(a) the person lacks the particular skills, experience or qualifications that are needed to perform the work and no training will be provided by the employer; or
(b) 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
(c) the person does not have access to appropriate care and supervision, for the one or more children for whom the person is the principal carer, at the times when the person would be required to undertake the work; or
Note: For principal carer see subsections 5(15) to (24).
(d) performing the work in the conditions in which the work would be performed would constitute a risk to health or safety and would contravene a law of the Commonwealth, a State or a Territory relating to occupational health and safety; or
(e) the work would be covered by the Australian Fair Pay and Conditions Standard, but the terms and conditions for the work would be less generous than the minimum terms and conditions for the work under the Australian Fair Pay and Conditions Standard; or
(f) the work would not be covered by the Australian Fair Pay and Conditions Standard, but, if it were so covered, the terms and conditions for the work would be less generous than the minimum terms and conditions for the work under the Australian Fair Pay and Conditions Standard; or
(g) commuting between the person's home and the place of work would be unreasonably difficult; or
(h) the work would require enlistment in the Defence Force or the Reserves; or
(i) the work requires the person to move from a home in one place to a home in another place; or
(j) for any other reason, the work is unsuitable for the person.
(4A) The Secretary must, by legislative instrument, determine matters that the Secretary must take into account in deciding whether, for the purposes of paragraph (4)(j), particular paid work is unsuitable for a person.
(4B) To avoid doubt, a determination under subsection (4A) does not limit the matters that the Secretary may take into account in deciding whether, for the purposes of paragraph (4)(j), particular paid work is unsuitable for a person.
(5) A person has, for the purposes of paragraph ( 4)(c), access to appropriate care and supervision for a child at a particular time if, at that time:
(a) the child could be provided with care by an approved child care service (within the meaning of the Family Assistance Administration Act), and provision of that care would, in the Secretary's opinion, be appropriate in the circumstances; or
(b) the child c ould be provided with other care that the person considers to be suitable; or
(c) the child could be attending school, and attendance at that school would, in the Secretary's opinion, be appropriate in the circumstances.
(6) For the purposes of paragraph ( 4)(c), a time when the person would be required to undertake the work includes reasonable amounts of time that would be needed for the person to travel from the person's home to the place of work and from the place of work to the person's home.
(7) If:
(a) a person seeks work in an area (the new area ) that is outside the area (the old area ) in which the person's home is situated; and
(b) the person is offered permanent work (whether or not work of the kind sought) in the new area;
the work offered is not unsuitable for the person because of paragraph ( 4)(g) or (i) unless:
(c) the person is under the age of 18; or
(d) the person or the person's partner is pregnant; or
(e) the person or the person's partner has a severe medical condition and the condition makes it unreasonable for the person to accept the offer; or
(f) the acceptance of the offer would jeopardise the current employment, or the employment prospects, of the person's partner; or
(g) the person or the person's partner has a child under the age of 16 years who is living with them or is living somewhere else in the old area; or
(h) the person or the person's partner has significant caring responsibilities in the old area; or
(i) the educational, cultural or religious background of the person makes it unreasonable for the person to accept the offer; or
(j) it is more appropriate for the person to participate in education or training than to accept the offer; or
(k) the person would suffer severe financial hardship if the person were to accept the offer.
(8) Without affecting what would otherwise constitute a person seeking work outside the area in which the person's home is situated, if a person, when seeking employment through an employment service provider, represents to the provider that the person is willing to undertake work outside the area in which the person's home is situated, the person is taken for the purposes of subsection ( 7) to seek work outside the area at the time when the representation is made.
(9) A reference in subsection ( 4) to remuneration for work is a reference to any income derived from the work that is income from personal exertion.
Note: For income from personal exertion see subsection 8(1).
502A People 55 and over who are engaged in work
(1) Subject to subsection ( 2), the Secretary must not notify under subsection 502(1) a person in respect of a period (the relevant period ) if the person has reached 55 years and:
(a) is engaged in approved unpaid voluntary work for an approved organisation for at least 30 hours in the period; or
(b) is engaged, for at least 30 hours in the period in a combination of:
(i) approved unpaid voluntary work for an approved organisation; and
(ii) suitable paid work for another person; or
(c) is engaged for at least 30 hours in the period in paid work that the Secretary regards as suitable.
(2) This section does not apply to a person in respect of a day in a relevant period if, in respect of the person, having regard to the opportunities, or possible opportunities, for employment that become available to the person on or before the day, the Secretary considers that this section is not to apply to the person in respect of that day.
(3) For the purposes of this section:
(a) approved voluntary unpaid work is work that has been approved by the Secretary for the purposes of this section; and
(b) an approved organisation is an organisation that has been approved by the Secretary for the purposes of this section.
502B Persons engaged in suitable paid work for at least 30 hours per fortnight
The Secretary must not notify under subsection 502(1) a person who is engaged for at least 30 hours per fortnight in paid work that the Secretary regards as suitable.
Division 3A -- Participation exemptions
(1) A person is covered by a participation exemption under this Division in respect of a period that the Secretary determines under this section in relation to the person.
(2) The Secretary may make a determination under this section in relation to the person if the Secretary is satisfied that:
(a) the person:
(i) has ceased to be a member of a couple in the period of 26 weeks before the determination; and
(ii) was subjected to domestic violence in that period of 26 weeks (whether or not the domestic violence was connected with ceasing to be a member of that or any other couple); and
(iii) has not again become a member of a couple; or
(b) there are special circumstances relating to the person's family that make it appropriate to make the determination.
(2A) The Secretary must, by legislative instrument, specify matters that the Secretary must take into account in deciding whether there are special circumstances relating to a person's family that make it appropriate to make a determination under this section.
(2B) To avoid doubt, an instrument made under subsection (2A) does not limit the matters that the Secretary may take into account in making a determination under subsection (2).
(3) The period that the Secretary determines under this section must be the lesser of:
(a) the period that the Secretary considers to be appropriate; or
(b) 16 weeks.
(4) Any such period may be followed by one or more other periods (not exceeding 16 weeks) determined under this section in relation to the person.
(5) The period that the Secretary determines under this section must, despite subsection ( 3), be 16 weeks if the determination:
(a) is made on grounds referred to in paragraph ( 2)(a) (or on grounds that include those grounds); and
(b) is the first determination made on those grounds (or on grounds that include those grounds) in connection with the particular cessation referred to in subparagraph ( 2)(a)(i).
(6) The Secretary may revoke a determination under this section in relation to a person if the Secretary is satisfied that the grounds on which the determination was made no longer exist.
(7) Subsection ( 6) does not affect any operation that subsection 33(3) of the Acts Interpretation Act 1901 has in relation to a determination under this section.
502D People with disabled children and other circumstances
(1) A person is covered by a participation exemption under this Division in respect of a period that the Secretary determines under this section in relation to the person.
(2) The Secretary may make a determination under this section in relation to the person if the Secretary is satisfied that the person is the principal carer of one or more children:
(a) who suffer from a physical, intellectual or psychiatric disability or illness; and
(b) whose care needs are such that the person should, for the period specified in the determination, not be required to meet participation requirements.
Note: For principal carer see subsections 5(15) to (24).
(3) The Secretary must make a determination under this section in relation to the person if the Secretary is satisfied that the person is the principal carer of one or more children, and that:
(a) the person is a registered and active foster carer; or
(b) the person is a home educator of that child, or one or more of those children; or
(c) the person is a distance educator of that child, or one or more of those children.
Note 1: For principal carer see subsections 5(15) to (24).
Note 2: For registered and active foster carer see section 5B.
Note 3: For home educator see section 5C.
Note 4: For distance educator see section 5D.
(3A) The Secretary must make a determination under this section in relation to the person if the Secretary is satisfied that the person is the principal carer of 4 or more children.
Note: For principal carer see subsections 5(15) to (24).
(4) The Secretary may make a determination under this section in relation to the person if the Secretary is satisfied that:
(a) the person is a person included in a class of persons specified under subsection ( 5); and
(b) the person's circumstances are such that the person should not be required to meet any of the participation requirements.
(5) The Secretary may, by legislative instrument, specify classes of persons in respect of whom determinations under this section may be made.
(6) The period that the Secretary determines under this section must be the lesser of:
(a) the period that the Secretary considers to be appropriate; or
(b) 12 months.
(7) Any such period may be followed by one or more other periods (not exceeding 12 months) determined under this section in relation to the person.
(8) The Secretary may revoke a determination under this section in relation to a person if the Secretary is satisfied that the grounds on which the determination was made no longer exist.
(9) Subsection ( 8) does not affect any operation that subsection 33(3) of the Acts Interpretation Act 1901 has in relation to a determination under this section.
A person is covered by a participation exemption under this Division in respect of a period when the person is attending a training camp as a member of:
(a) the Naval Reserve; or
(b) the Army Reserve; or
(c) the Air Force Reserve.
(1) A person is covered by a participation exemption under this Division in respect of a period if:
(a) the Secretary is satisfied that special circumstances, beyond the person's control, exist; and
(b) the Secretary is satisfied that in those circumstances it would be unreasonable to expect the person to meet participation requirements for that period.
(2) The period referred to in subsection ( 1) is not to exceed 13 weeks.
(3) If:
(a) the Secretary makes a number of determinations under any one or more of the following provisions:
(i) subsection 525AA(3) of this Act as previously in force;
(ii) subsection 542H(1) of this Act;
(iii) subsection 603A(1) of this Act;
(iv) subsection 731E(1) of this Act;
(v) subsection ( 1) of this section; and
(b) the periods to which the determinations relate form a continuous period;
the continuous period is not to exceed 13 weeks, unless the Secretary determines otherwise, having regard to the continued existence, or likely continued existence, of the special circumstances on which the last preceding determination was based.
502G Pre - natal and post - natal relief
(1) A pregnant woman is covered by a participation exemption under this Division for the period that starts 6 weeks before the woman's expected date of confinement and ends on the day on which the woman gives birth to the child (whether or not the child is born alive).
(2) If a woman gives birth to a child (whether or not the child is born alive), the woman is covered by a participation exemption under this Division for the period that starts on the day on which she gives birth to the child and ends 6 weeks after that day.
(1) Subject to sections 502J and 502K, a person is covered by a participation exemption under this Division in respect of a period if:
(a) throughout the period the person is incapacitated for work because of sickness or an accident; and
(b) the incapacity is caused wholly, or virtually wholly, by a medical condition arising from the sickness or accident; and
(c) the incapacity is, or is likely to be, of a temporary nature; and
(d) the person has, whether before or after the commencement of this section, given the Secretary a certificate of a medical practitioner, in a form approved by the Secretary, stating:
(i) the medical practitioner's diagnosis; and
(ii) the medical practitioner's prognosis; and
(iii) that the person is incapacitated for work; and
(iv) the period for which the person is incapacitated for work; and
(e) the Secretary is satisfied that the incapacity has not been brought about with a view to obtaining an exemption from meeting the participation requirements.
(2) In this section:
"work" , in relation to a person, means work (whether full - time, part - time, permanent or casual) that:
(a) is of a kind that the person could, in the Secretary's opinion, be reasonably expected to do; and
(b) is for at least 8 hours per week on wages that are at or above the relevant minimum wage.
(1) Section 502H ceases to apply to a person if the Secretary is satisfied that, although the person meets the requirements of that section, the person should undertake one or more activities that the Secretary regards as suitable for the person.
(2) The cessation occurs:
(a) if the person has failed to comply with a requirement to enter into a Parenting Payment Activity Agreement--when the person so failed; or
(b) in any other case--when the person has entered into such an agreement.
(3) This section does not prevent section 502H ceasing to apply to a person under section 502K.
502K Time limit for temporary incapacity exemption--end of person's maximum exemption period
(1) Section 502H ceases to apply to a person if the person's maximum exemption period ends.
(2) Subject to this section, a person's maximum exemption period is:
(a) if the person has, whether before or after the commencement of this section, given the Secretary a medical certificate for the purpose of enabling the Secretary to decide whether section 502H applies to the person--the lesser of the following periods:
(i) the period stated in the certificate as the period for which the person would be incapacitated for work;
(ii) the period of 13 weeks that started or starts on the first day of the period so stated in the certificate; or
(b) otherwise--the period of 4 weeks that started or starts on the day determined by the Secretary to have been the day on which the person's incapacity for work began.
(3) If:
(a) section 502H applies to a person; and
(b) the person has, whether before or after the commencement of this section, given the Secretary a certificate of a medical practitioner that states the matters listed in paragraph 502H(1)(d) and is in accordance with the form approved under that paragraph; and
(c) the Secretary is satisfied that the person's incapacity for work will continue after the end of the person's maximum exemption period;
the Secretary may extend the person's maximum exemption period by a period that is not more than the lesser of the following periods:
(d) a period equal to the period stated in the certificate as the period for which the person would be incapacitated for work;
(e) 13 weeks.
(4) If:
(a) section 502H applied to a person; and
(b) within 14 days after the end of the person's maximum exemption period the person gives the Secretary a certificate of a medical practitioner that states the matters listed in paragraph 502H(1)(d) and is in accordance with a form approved under that paragraph; and
(c) the Secretary is satisfied that the person's incapacity for work has continued after the end of the person's maximum exemption period and that the incapacity will continue;
the Secretary may extend the maximum exemption period by a period that is not more than the lesser of the following periods:
(d) a period equal to the period stated in the certificate as the period for which the person would be incapacitated for work;
(e) 13 weeks.
(5) If:
(a) section 502H applies to a person; and
(b) the person gives the Secretary written evidence (other than a certificate referred to in paragraph ( 3)(b)) that the person's incapacity for work will continue after the end of the person's maximum exemption period; and
(c) the Secretary is satisfied that:
(i) the person's circumstances make it unreasonable to expect the person to obtain a certificate referred to in paragraph ( 3)(b) before the end of the maximum exemption period; and
(ii) the person's incapacity for work will continue after the end of the person's maximum exemption period;
the Secretary may extend the person's maximum exemption period by not more than 4 weeks.
(6) If:
(a) section 502H applied to a person; and
(b) within 14 days after the end of the person's maximum exemption period the person gives the Secretary written evidence (other than a certificate referred to in paragraph ( 4)(b)) that the person's incapacity for work will continue after the end of the person's maximum exemption period; and
(c) the Secretary is satisfied that:
(i) the person's circumstances make it unreasonable to expect the person to obtain a certificate referred to in paragraph ( 4)(b); and
(ii) the person's incapacity for work has continued after the end of the person's maximum exemption period and that the incapacity will continue;
the Secretary may extend the maximum exemption period by a period of not more than 4 weeks from the end of the previous maximum exemption period.
(7) If:
(a) section 502H applies to a person; and
(b) the person has, whether before or after the commencement of this section, given the Secretary a certificate referred to in paragraph ( 3)(b) before the end of the person's maximum exemption period; and
(c) before the end of the person's maximum exemption period, the Secretary does not satisfy himself or herself that the person's incapacity for work will continue after the end of that period; and
(d) the sole or dominant cause of the Secretary failing so to satisfy himself or herself is an act or omission of an officer of the Department;
the Secretary may extend the person's maximum exemption period by not more than 4 weeks.
(8) This section does not prevent section 502H ceasing to apply to a person under section 502J.
8 After section 500I
Insert:
500J Situations where payment not payable for failure to comply with certain requirements
Parenting payment is not payable to a person if the person refuses or fails, without reasonable excuse, to comply with a requirement made of the person under section 67, 68 or 192 of the Administration Act.
9 Subdivision C of Division 1 of Part 2.10 of Chapter 2
Repeal the Subdivision, substitute:
500ZA Parenting payment participation failures
(1) A person commits a parenting payment participation failure if the person is subject to participation requirements and the person:
(a) fails to comply with a requirement:
(i) that was notified to the person under subsection 63(2) or 64(2) of the Administration Act; and
(ii) that was reasonable; and
(iii) the notification of which included a statement to the effect that a failure to comply with the requirement could constitute a parenting payment participation failure; or
(b) fails to comply with a requirement to enter into a Parenting Payment Activity Agreement; or
(c) fails to comply with a term of a Parenting Payment Activity Agreement between the Secretary and the person; or
(d) fails to comply with a requirement that the Secretary notifies to the person under subsection 502(1); or
(e) fails to attend a job interview; or
(f) fails:
(i) to commence, complete or participate in an approved program of work for income support payment that the person is required to undertake; or
(ii) to comply with the conditions of such a program; or
(g) fails to continue his or her involvement in a labour market program because he or she:
(i) voluntarily ceases to take part in the program; or
(ii) is dismissed from the program for misconduct; or
(h) fails to comply with a requirement to undertake another activity referred to in paragraph 500ZB(1)(b).
Note: For when a person is subject to participation requirements see subsection 23(1).
(2) Despite subsection ( 1), a failure of a kind referred to in that subsection is not a parenting payment participation failure if the person satisfies the Secretary that the person had a reasonable excuse for the failure.
(2A) The Secretary must, by legislative instrument, determine matters that the Secretary must take into account in deciding whether, for the purposes of subsection (2), a person had a reasonable excuse for committing a parenting payment participation failure.
(2B) To avoid doubt, a determination under subsection (2A) does not limit the matters that the Secretary may take into account in deciding whether, for the purposes of subsection (2), a person had a reasonable excuse for committing the parenting payment participation failure referred to in subsection (1).
(3) Despite subsection ( 1), if a failure of a kind referred to in that subsection occurs in an instalment period of the person in which the person has already committed a parenting payment participation failure, the failure is not a parenting payment participation failure if:
(a) the instalment period is the person's first instalment period for parenting payment; or
(b) the instalment period is not the person's first instalment period for parenting payment, and:
(i) the person did not commit a parenting payment participation failure in the immediately preceding instalment period of the person; or
(ii) in respect of each parenting payment participation failure that the person committed in the immediately preceding instalment period of the person, the person acted in accordance with a requirement of the Secretary that was notified in respect of that failure.
(4) Subsection ( 1) does not apply to a failure if the person is a new apprentice.
Note: For new apprentice see subsection 23(1).
(5) Paragraph ( 1)(f) does not apply to a failure if:
(a) the person is under 60; and
(b) a determination under paragraph 28(4)(b) is in force in relation to the person.
500ZB Payment not payable because of parenting payment participation failure
(1) A parenting payment is not payable to a person, for the period starting in accordance with section 500ZC and ending in accordance with section 500ZD, if:
(a) the person commits a parenting payment participation failure; and
(b) the Secretary requires the person:
(i) to comply with the requirement, or undertake the activity, to which the parenting payment participation failure relates; or
(ii) to comply with a particular requirement, or undertake a particular activity, in place of the requirement or activity to which the failure relates;
during the participation failure instalment period for the failure, or at a particular time during that period; and
(c) the person fails to comply with the requirement.
(2) This section does not apply in relation to the failure if:
(a) the Secretary is satisfied that the person had a reasonable excuse for the failure referred to paragraph ( 1)(c); or
(b) the Secretary is for any other reason satisfied that subsection ( 1) should not apply to the failure.
(2A) The Secretary must, by legislative instrument, determine matters that the Secretary must take into account in deciding whether, for the purposes of paragraph (2)(a), a person had a reasonable excuse for a failure of a kind referred to in paragraph (1)(c).
(2B) To avoid doubt, a determination under subsection (2A) does not limit the matters that the Secretary may take into account in deciding whether, for the purposes of paragraph (2)(a), a person had a reasonable excuse for the failure referred to in paragraph (1)(c).
(3) The participation failure instalment period for the parenting payment participation failure is the next instalment period of the person to start after the day on which the Secretary first became aware that the person committed the failure.
(4) This section does not apply to a parenting payment participation failure if section 500ZE applies to the failure.
500ZC When the period of non - payment starts
The period for which parenting payment is not payable to the person because of section 500ZB is taken to have started at the start of the participation failure instalment period for the parenting payment participation failure.
500ZD When the period of non - payment ends
The period for which parenting payment is not payable to the person because of section 500ZB ends when:
(a) in accordance with a requirement of the Secretary that the person comply with the requirement, or undertake the activity, to which the parenting payment participation failure related, the person has complied with the requirement or undertaken the activity; or
(b) in accordance with a requirement of the Secretary that the person undertake another activity in place of the requirement or activity to which the parenting payment participation failure related, the person has undertaken the other activity; or
(c) in accordance with a requirement of the Secretary that the person comply with another requirement in place of the requirement or activity to which the parenting payment participation failure related, the person has complied with the other requirement.
Subdivision CA -- Situations where payment not payable because of repeated or more serious failure
500ZE Payment not payable because of repeated or more serious failure
(1) A parenting payment is not payable to a person, for the period of 8 weeks starting in accordance with section 500ZF, if the person:
(a) commits a parenting payment participation failure (the repeated failure ), having committed parenting payment participation failures (the earlier failures ) on 2 or more other occasions during the period of 12 months preceding that failure; or
(b) is unemployed due, either directly or indirectly, to a voluntary act of the person; or
(c) is unemployed due to the person's misconduct as a worker; or
(d) has refused or failed, without reasonable excuse, to accept a suitable offer of employment; or
(e) fails:
(i) to commence, complete or participate in an approved program of work for income support payment that the person is required to undertake; or
(ii) to comply with the conditions of such a program.
(1A) The Secretary must, by legislative instrument, determine matters that the Secretary must take into account in deciding whether, for the purposes of paragraph (1)(d), a person had a reasonable excuse for refusing or failing to accept a suitable offer of employment.
(1B) To avoid doubt, a determination under subsection (1A) does not limit the matters that the Secretary may take into account in deciding whether, for the purposes of paragraph (1)(d), a person had a reasonable excuse for refusing or failing to accept a suitable offer of employment referred to in that paragraph.
(2) For the purposes of paragraph ( 1)(a), disregard any earlier failure that is a failure to which subsection 500ZB(1) does not apply because of subsection 500ZB(2).
(3) Subsection ( 1) does not apply in relation to the repeated failure if the Secretary is for any other reason satisfied that subsection ( 1) should not apply to the failure.
(4) Paragraph ( 1)(b) does not apply if the Secretary is satisfied that the person's voluntary act was reasonable.
(5) Paragraph ( 1)(e) applies only if:
(a) the person is under 60; and
(b) a determination under paragraph 28(4)(b) is in force in relation to the person.
500ZF When the period of non - payment starts
(1) The period for which parenting payment is not payable to the person because of paragraph 500ZE(1)(a) is taken to start, or to have started:
(a) if the repeated failure occurs during a participation failure instalment period for an earlier failure--at the start of the participation failure instalment period for the earlier failure; or
(b) otherwise--at the start of the next instalment period of the person to start after the day on which the Secretary first became aware that the person committed the failure.
Note: For participation failure instalment period see subsection 500ZB(3).
(2) The period for which parenting payment is not payable to the person because of section 500ZE (other than because of paragraph 500ZE(1)(a)) starts on the day the Secretary determines that section 500ZE applies to the person.
(3) However, if:
(a) section 500ZE would not apply to the person but for the application of paragraph 500ZE(1)(b) or (c), or both; and
(b) at the time of the voluntary act or misconduct in question, the person was not receiving parenting payment;
the period for which parenting payment is not payable to the person starts at the time the person became unemployed as a result of the voluntary act or misconduct.
10 Termination of participation agreement breach non - payment periods
To avoid doubt, any participation agreement breach non - payment period that, immediately before the commencement of this item, is in force comes to an end on that commencement.
11 Subdivision B of Division 4 of Part 2.10 of Chapter 2
Repeal the Subdivision.
12 Termination of participation agreement breach rate reduction periods
To avoid doubt, any participation agreement breach rate reduction period that, immediately before the commencement of this item, is in force comes to an end on that commencement.
Part 3 -- Seasonal work preclusion period
13 Paragraph 500Z(1)(a)
Omit "who is a member of a couple".
14 Application provision
The amendment made by this Part applies in relation to claims for parenting payment made on or after 20 September 2006.