39Terms of Case Management Activity Agreements

#### 39 Terms of Case Management Activity Agreements Terms (1) A Case Management Activity Agreement between a case manager and a person is to be directed to securing employment for the person. The agreement is to require the person to undertake one or more of the following activities approved by the Employment Secretary: (a) a job search; (b) a vocational training course; (c) training that would help in searching for work; (d) paid work experience; (e) measures designed to eliminate or reduce any disadvantage the person has in the labour market (other than measures compelling the person to work in return for payment of newstart allowance under the Social Security Act 1991 or in return for payment of youth training allowance under Part 8 of the Student and Youth Assistance Act 1973); (f) subject to section 40, development of self‑employment; (g) subject to section 41, development of, and/or participation in, group enterprises or co‑operative enterprises; (h) participation in a labour market program; (i) participation in a rehabilitation program (within the meaning of the Social Security Act 1991); (j) an activity proposed by the person (such as unpaid voluntary work proposed by the person). Job Compact (2) A Case Management Activity Agreement between a case manager and a person is taken to include a term to the effect that, at any time when the person is eligible for the Job Compact, the person is required to: (a) accept any offer of paid work, other than work that is unsuitable to be undertaken by the person; or (b) accept any offer of a placement under the New Work Opportunities Program administered by the Department; or (c) accept any offer of a placement under the New Enterprise Incentive Scheme administered by the Department; or (d) accept any offer of a placement under the Landcare and Environment Action Program administered by the Department; or (e) accept any offer of a placement under Jobskills (within the meaning of the Social Security Act 1991). > Note 1: Eligibility for the Job Compact is defined by subsections (10), (12) and (13). > Note 2: See section 42 on what paid work is unsuitable. Attendance at offices of the CES or the case manager etc. (3) A Case Management Activity Agreement between a case manager and a person may include terms requiring the person (on request or otherwise) to: (a) attend an office of the CES or of the case manager; or (b) contact the CES or the case manager; or (c) give information to the CES or to the case manager. Substantiation of compliance with agreement (4) A Case Management Activity Agreement between a case manager and a person must include terms requiring the person (on request or otherwise) to substantiate his or her compliance with the terms of the agreement. Approval of terms by Employment Secretary (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 Employment Secretary. Matters relevant to approval (6) In considering whether to approve the terms of an agreement between a case manager and a person, the Employment Secretary is to have regard to the person’s capacity to comply with the proposed agreement and the person’s needs. Matters relevant to capacity to comply with proposed agreement (7) In having regard to a person’s capacity to comply with an agreement and the person’s needs, the Employment Secretary is to take into account: (a) the person’s education, experience, skills, age and physical condition; and (b) the state of the labour market in the locality where the person resides; and (c) the training opportunities available to the person; and (d) any other matters that the Employment Secretary considers relevant in the circumstances. Delegation (8) The Employment Secretary may, by writing, delegate all or any of his or her powers under this section in relation to agreements with a particular case manager to: (a) if the case manager is an individual—the case manager; or (b) if the case manager is a body corporate—a director or employee of the case manager; or (c) if the case manager is a partnership—an individual who is a partner in, or an employee of, the case manager; or (d) in any other case—an officer or employee of the case manager. > Note: Section 34AA of the Acts Interpretation Act 1901 (which deals with delegations to people holding specified offices or positions) applies to delegations under this subsection. Delegated power to be treated as a function conferred on a case manager (9) A reference in this Act or any other law of the Commonwealth to a function conferred on a case manager under this Act includes a reference to a power delegated under subsection (8) in relation to the case manager. Becoming eligible for the Job Compact—long‑term recipient of newstart allowance or youth training allowance (10) For the purposes of this section, a person becomes eligible for the Job Compact at a particular time if: (a) at that time, the person is receiving a newstart allowance under the Social Security Act 1991 or a youth training allowance under Part 8 of the Student and Youth Assistance Act 1973; and (b) throughout the period of 18 months ending at that time, the person received an income support payment; and (c) throughout the period of 18 months ending at that time, the person was registered with the CES. > Note: Income support payment is defined by subsection (17). Gaps in receipt of income support payment (11) For the purposes of paragraph (10)(b), if: (a) a person is in receipt of an income support payment; and (b) in a case where the person has been in receipt of an income support payment for a period of less than 12 months—the person ceases for a period (the gap period) of not longer than 6 weeks to be in receipt of an income support payment; and (c) in a case where the person has been in receipt of an income support payment for a period of at least 12 months—the person ceases for a period (the gap period) of not longer than 13 weeks to be in receipt of an income support payment; and (d) at the end of the gap period, the person begins to receive an income support payment; the person is taken to have been in receipt of an income support payment throughout the gap period. > Note: Income support payment is defined by subsection (17). Becoming eligible for the Job Compact—Ministerial determination (12) For the purposes of this section, the Minister may make a written determination that a person included in a specified class of persons becomes eligible for the Job Compact at a specified time. A determination has effect accordingly. Ceasing to be eligible for the Job Compact (13) For the purposes of this section, if a person becomes eligible for the Job Compact, the person remains eligible for the Job Compact until a terminating event happens. > Note: Terminating event is defined by subsection (14). Determinations about terminating events and resetting CES registration to zero (14) The Minister may make a written determination: (a) that a specified event or circumstance is a terminating event for the purposes of subsection (13); or (b) that a specified event or circumstance resets a person’s CES registration to zero for the purposes of paragraph (10)(c). A determination has effect accordingly. When determination resets CES registration to zero (14A) A determination covered by paragraph (14)(b) resets a person’s CES registration to zero if, and only if, the determination provides that the person is taken, for the purposes of paragraph (10)(c): (a) to have ceased, at a specified time, to be registered with the CES; and (b) to have recommenced, 24 hours later, to be registered with the CES. Disallowable instrument (15) A determination under subsection (12) or (14) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Registration with the CES (16) For the purposes of this section, a person is registered with the CES if, and only if, the person is registered by the CES as being unemployed. Definition (17) In this section: > income support payment means: (a) newstart allowance under the Social Security Act 1991; or (b) youth training allowance under Part 8 of the Student and Youth Assistance Act 1973.