42BApplication of this Division only to declared program participants

42B  Application of this Division only to declared program participants

  This Division applies in relation to a person if the person is a declared program participant.

Subdivision B—No show no pay failures

42C  No show no pay failures

 (1) The Secretary may determine that a person commits a no show no pay failure on a day if:

 (a) the person commits any of the following failures:

 (i) the person fails to participate, on the day, in an activity that the person is required to undertake by an employment pathway plan that is in force in relation to the person;

 (ii) the person fails to comply, on the day, with a serious failure requirement imposed on the person;

 (iii) the person commits misconduct, on the day, while participating in an activity referred to in subparagraph (i) or while purporting to comply with a serious failure requirement imposed on the person;

 (iv) the person intentionally acts in a manner on the day (including by failing to attend a job interview), and it is reasonably foreseeable that acting in that manner could result in an offer of paid work in Australia (except particular paid work that is unsuitable to be done by the person) not being made to the person; and

 (b) the person receives an instalment of a participation payment for the instalment period in which the day occurs.

Note: A penalty amount is deducted from the person’s participation payment for a no show no pay failure (see section 42D).

 (2) Without limiting subparagraph (1)(a)(i), a person fails to participate in an activity if:

 (a) the person fails to attend the activity at all; or

 (b) the person is not punctual in attending the activity.

Limitations on determining no show no pay failures

 (a) more than one subparagraph of paragraph (1)(a) applies to a person on a day; or

 (b) a subparagraph of paragraph (1)(a) applies more than once to a person on a day;

then the Secretary may only determine that the person commits one no show no pay failure on the day.

Note: However, the Secretary may determine that a person commits no show no pay failures on 2 or more days.

 (4) Despite subsection (1), the Secretary must not determine that a person commits a no show no pay failure on a day if:

 (a) both of the following apply:

 (i) subparagraph (1)(a)(i), (ii) or (iv) applies;

 (ii) the person satisfies the Secretary that the person has a reasonable excuse for the failure; or

 (b) the person is a new apprentice; or

 (ba) the person is someone to whom section 42SB applies; or