42EConnection failures

42E  Connection failures

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

 (a) the person commits any of the failures mentioned in subsection (2); and

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

Note: A reconnection requirement may be imposed for a connection failure (see section 42G).

 (2) For the purposes of subsection (1), the failures are the following:

 (a) the person fails to comply with a requirement that was notified to the person under subsection 63(2) or (4);

 (b) the person fails to comply with a requirement, under section 40A, to enter into an employment pathway plan;

 (c) the person fails to attend an appointment that the person is required to attend by an employment pathway plan that is in force in relation to the person;

 (d) the person is issued with a notice under subsection 42F(1) and fails to comply with it within the period specified in the notice;

 (e) the person fails to comply with subsection 42F(2);

 (f) the person fails to comply with a requirement included in an employment pathway plan that is in force in relation to the person to undertake a certain number of job searches per fortnight;

 (g) the person fails to comply with a requirement included in an employment pathway plan that is in force in relation to the person:

 (i) to keep a record of the person’s job searches in a document referred to in the plan as a job seeker diary; and

 (ii) to return the job seeker diary to the Department at the end of the period specified in the plan.

 (3) The Secretary may determine that a person commits 2 or more connection failures on a day.

Limitations on determining connection failures

 (4) Despite subsection (1), the Secretary must not determine that a person commits a connection failure if:

 (b) both of the following apply:

 (i) the person’s failure is a failure to comply with a requirement under section 40A to enter into an employment pathway plan;

 (ii) a youth allowance is not payable to the person for the instalment period in which the person commits the failure because of section 547AA of the 1991 Act; or

 (c) both of the following apply:

 (i) the person’s failure is a failure to comply with a requirement under section 40A to enter into an employment pathway plan;

 (ii) a jobseeker payment is not payable to the person for the instalment period in which the person commits the failure because of section 615 of the 1991 Act; or