Stuart Robert (Fadden, Liberal Party, Minister for Employment, Workforce, Skills, Small and Family Business) Share this | Link to this | Hansard source

I present a supplementary explanatory memorandum to the bill, and I seek leave to move government amendments (1) to (23), as circulated, together.

Leave granted.

I move:

(1) Clause 2, page 2 (table items 8 and 10), omit the table items.

(2) Schedule 1, item 3, page 4 (lines 18 and 19), omit the item, substitute:

3 Subsection 93(1) (table items 18, 19 and 20)

Repeal the items.

(3) Schedule 1, item 61, page 14 (lines 7 and 8), omit the item, substitute:

61 Subparagraph 547AA(1)(b)(ii)

Omit "a Youth Allowance Employment Pathway Plan", substitute "an employment pathway plan".

(4) Schedule 1, item 66, page 14 (lines 27 and 28), omit the item.

(5) Schedule 1, item 80, page 17 (lines 13 and 14), omit the item, substitute:

80 Subparagraph 615(1)(b)(ii)

Omit "a Jobseeker Employment Pathway Plan", substitute "an employment pathway plan".

(6) Schedule 1, items 119 to 122, page 24 (lines 20 to 27), omit the items.

(7) Schedule 1, item 123, page 46 (after line 16), after Division 2B of Part 3, insert:

Division 2C — Guidelines

40Y Guidelines

The Employment Secretary must, by legislative instrument, determine guidelines about:

(a) how a person satisfies the Employment Secretary that the person is willing to actively seek and to accept and undertake paid work in Australia, except particular paid work that is unsuitable to be done by the person; and

(b) the following:

(i) the kind of information to be provided by the Employment Secretary to a person who has made a claim for a participation payment about the person entering into an employment pathway plan under section 40D or 40E;

(ii) the processes (including any technological requirements) for entering into such a plan;

(iii) the processes for reporting compliance with the requirements in such a plan; and

(c) the circumstances in which performing paid work in Australia may constitute a risk to health or safety and how a person satisfies the Employment Secretary that particular paid work constitutes such a risk.

(8) Schedule 1, page 46 (after line 28), after item 127, insert:

127A After subsection 42AC(1)

Insert:

(1A) However, a person does not commit a mutual obligation failure in relation to the person's failure to:

(a) accept an offer of paid work in Australia of more than 15 hours per week; or

(b) undertake paid work in Australia of more than 15 hours per week;

if the person is the principal carer of at least one child or has a partial capacity to work.

Note 1: For principal carer see subsections 5(15) to (24) of the 1991 Act.

Note 2: For partial capacity to work see section 16B of the 1991 Act.

(9) Schedule 1, page 46 (before line 29), before item 128, insert:

127B Section 42AD

Before "A", insert "(1)".

(10) Schedule 1, page 47 (after line 6), after item 130, insert:

130A At the end of section 42AD

Add:

(2) However, a person does not commit a work refusal failure if:

(a) the person is the principal carer of at least one child or has a partial capacity to work; and

(b) the person refuses or fails to accept an offer of paid work in Australia that is more than 15 hours per week.

Note 1: For principal carer see subsections 5(15) to (24) of the 1991 Act.

Note 2: For partial capacity to work see section 16B of the 1991 Act.

(11) Schedule 1, page 47 (before line 7), before item 131, insert:

130B At the end of section 42AE

Add:

(4) A person also does not commit an unemployment failure if:

(a) the person is the principal carer of at least one child or has a partial capacity to work; and

(b) the work in relation to which the person became unemployed was work of more than 15 hours per week.

Note 1: For principal carer see subsections 5(15) to (24) of the 1991 Act.

Note 2: For partial capacity to work see section 16B of the 1991 Act.

(12) Schedule 1, item 133, page 47 (lines 14 and 15), omit the item, substitute:

133 Subparagraph 42E(4)(b)(i)

Omit "section 544A of the 1991 Act", substitute "section 40A".

133A Subparagraph 42E(4)(b)(ii)

Omit "of that Act", substitute "of the 1991 Act".

133B Subparagraph 42E(4)(c)(i)

Omit "section 605 of the 1991 Act", substitute "section 40A".

133C Subparagraph 42E(4)(c)(ii)

Omit "of that Act", substitute "of the 1991 Act".

(13) Schedule 1, page 48 (after line 11), after item 140, insert:

140A At the end of section 42N

Add:

(3) Despite subsection (1), the Secretary must not determine that a person commits a serious failure under that subsection if:

(a) the person is the principal carer of at least one child or has a partial capacity to work; and

(b) the person refuses or fails to accept an offer of paid work in Australia that is more than 15 hours per week.

Note 1: For principal carer see subsections 5(15) to (24) of the 1991 Act.

Note 2: For partial capacity to work see section 16B of the 1991 Act.

(14) Schedule 1, page 48 (before line 12), before item 141, insert:

140B After subsection 42S(2)

Insert:

(2A) Despite subsection (1), the Secretary must not make a determination under that subsection in relation to a person if:

(a) the person is the principal carer of at least one child or has a partial capacity to work; and

(b) the work in relation to which the person became unemployed was work of more than 15 hours per week.

Note 1: For principal carer see subsections 5(15) to (24) of the 1991 Act.

Note 2: For partial capacity to work see section 16B of the 1991 Act.

(15) Schedule 1, item 142, page 48 (lines 14 and 15), omit the item.

(16) Schedule 1, items 150 and 151, page 49 (line 27) to page 50 (line 8), omit the items.

(17) Schedule 1, item 153, page 52 (lines 19 to 32), omit the item.

(18) Schedule 1, item 158, page 58 (after line 20), after subitem (2), insert:

(2A) Subsection 42AC(1A) of the Social Security (Administration) Act 1999, as inserted by this Schedule, applies in relation to a failure covered by paragraph 42AC(1A)(a) or (b) of that Act that occurs on or after the commencement of this item.

(19) Schedule 1, item 158, page 58 (after line 33), after subitem (5), insert:

Unemployment failures

(5A) The amendment of section 42AE of the Social Security (Administration) Act 1999 made by this Schedule applies in relation to a voluntary act, or misconduct, that occurs on or after the commencement of this item.

(20) Schedule 1, item 158, page 60 (after line 4), after subitem (13), insert:

Unemployment re sulting from a voluntary act or misconduct

(13A) The amendment of section 42S of the Social Security (Administration) Act 1999 made by this Schedule applies in relation to a voluntary act, or misconduct, that occurs on or after the commencement of this item.

(21) Schedule 1, page 60 (after line 28), after item 159, insert:

159A Review of Workforce Australia, digital protections framework for employment services programs and safeguards for transition to Workforce Australia

Review of Workforce Australia

(1) The Employment Secretary must cause a comprehensive review to be conducted of the effectiveness of the program established by the Commonwealth and known as Workforce Australia in achieving its objectives. In particular, the review must cover the following:

(a) the effects of activity requirements, compliance and penalties on recipients of participation payments and on employment outcomes;

(b) the effects of digital services and enhanced services on recipients of participation payments, employers and employment outcomes.

(2) The Employment Secretary must cause the review to be completed before the second anniversary of the establishment of that program.

(3) The persons who conduct the review must give jobseekers, employers, employment services providers and relevant experts the opportunity to provide input in relation to the review.

(4) The persons who conduct the review must give the Employment Secretary and the Employment Minister a written report of the review.

(5) The Employment Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Employment Minister.

(6) The persons who conduct the review must publish the report on the internet as soon as practicable after that tabling.

Digital protections framework for employment services programs

(7) The Employment Secretary must, by legislative instrument, determine a digital protections framework for employment services programs established by the Commonwealth.

(8) Without limiting subitem (7), the framework must deal with the following:

(a) natural justice;

(b) human rights protections;

(c) transparency and freedom from bias;

(d) privacy;

(e) accessibility of technological processes.

(9) The Employment Secretary's use of technological processes in relation to the following must comply with the framework:

(a) persons entering into employment pathway plans under Division 2A of Part 3 of the Social Security (Administration) Act 1999;

(b) the variation of those employment pathway plans;

(c) the cancellation of those employment pathway plans;

(d) the monitoring and reporting of compliance with those employment pathway plans;

(e) the consequences that arise as a result of non-compliance with those employment pathway plans.

Safeguards transition to Workforce Australia

(10) The Employment Secretary must make arrangements to ensure that a person is not subject to financial penalties or otherwise disadvantaged because of mutual obligation failures covered by paragraph 42AC(1)(e) or (f) of the Social Security (Administration) Act 1999 that are committed in the period of 1 month beginning on the day the person transitions to the program established by the Commonwealth and known as Workforce Australia, where the transition occurs before the end of 30 September 2022 under arrangements made by the Employment Secretary.

Definitions

(11) In this item:

Employment Minister means the Minister who administers Division 3AA of Part 3 of the Social Security (Administration) Act 1999.

Employment Secretary means the Secretary of the Department administered by the Employment Minister.

(22) Schedule 8, page 75 (line 1) to page 78 (line 14), omit the Schedule.

(23) Schedule 10, page 82 (lines 1 to 7), omit the Schedule.

Question agreed to.

Bill, as amended, agreed to.