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

I move Greens amendment (21) on sheet 5655 revised 2:

(21)  Schedule 1, item 1, page 14 (line 31 to 33), omit subsection 42S(2), substitute:

        (2)    Despite subsection (1), the Secretary must not make a determination under that subsection if the Secretary is satisfied that the voluntary act or misconduct was reasonable.

This amendment relates to a reasonable test for misconduct. I think I have previously articulated our concerns about what can reasonably be considered to be misconduct. This provision goes back to the issue about extending the ‘reasonable excuse’ to a person becoming unemployed through misconduct. For fairness and consistency we do not believe that there is justification for a reasonable excuse not to apply to misconduct. Through this amendment, we will have an alternative to that which is provided for in the legislation.