44Failure to negotiate a Case Management Activity Agreement

44 Failure to negotiate a Case Management Activity Agreement

When this section applies (1) This section applies if: (a) a person has been given notice under subsection 38(5) of a requirement to enter into a Case Management Activity Agreement; and (b) the Employment Secretary is satisfied that the person is unreasonably delaying entering into the agreement. Reasons for delay (2) The Employment Secretary may be so satisfied: (a) because of the person’s failure to: (i) attend the negotiation of the agreement; or (ii) respond to correspondence about the agreement; or (iii) agree to terms of the agreement proposed by the case manager; or (b) for any other reason. Notification (3) The Employment Secretary may give the person a written notice stating that the person is being taken to have failed to enter into the agreement. If such a notice is given, the person is taken to have failed to have entered into the agreement.

Note: Sections 28A and 29 of the Acts Interpretation Act 1901 (which deal with service of documents) apply to a notice given under this subsection.

Rules about notice (4) A notice under subsection (3) must: (a) set out the reasons for the decision to give the notice; and (b) include a statement describing the rights of the person to apply for a review of the decision.