Rachel Siewert (WA, Australian Greens) Share this | Hansard source

Thank you, Chair. I move Greens amendment (13) on sheet 5655 revised 2:

(13)  Schedule 1, item 1, page 12 (after line 22), after section 42N, insert:

42NB Serious failure for unemployment resulting from a voluntary act or misconduct

        (1)    The Secretary may determine that a person commits a serious failure if:

             (a)    the person is unemployed as a result (whether direct or indirect) of a voluntary act of the person; or

             (b)    the person is unemployed as a result of the person’s misconduct as an employee.

Note:   A participation payment is not payable for 8 weeks for a serious failure (see section 42P).

Limitations on determination

        (2)    Despite subsection (1), the Secretary must not determine that a person commits a serious failure under that subsection if the person satisfies the Secretary that the person has a reasonable excuse for the failure.

Note:   The Secretary must take certain matters into account for the purposes of subsection (2) (see section 42U).

Note:   The Secretary may continue the participation payment pending the outcome of an application for review (see sections 131 and 145 of the Administration Act).

And we oppose schedule 1 in the following terms:

(20)  Schedule 1, item 1, page 14 (line 18) to page 15 (line 26), subdivision E to be opposed.

I touched on these issues previously. These amendments relate to the preclusion period for serious failure or unemployment resulting from a voluntary act or misconduct. We have some concerns, as I think I articulated in the second reading debate, about the preclusion period. These amendments deal with unemployment resulting from a voluntary act or misconduct, and the concern we have is that, again, the legislation does not adequately deal with the proposition that there may be a reason that the person has been made unemployed, whether it is directly or indirectly a result of a voluntary act. We believe that the particular circumstances need to be taken into account when applying the preclusion period, so these amendments provide for that.