The employment pathway plan matters in relation to a person are the following:
(a) the person’s education, experience, skills and age;
(b) the impact of any disability, illness, mental condition or physical condition of the person on the person’s ability to work, to look for work or to participate in training activities;
(c) the state of the labour market and the transport or other options available to the person in accessing that market;
(d) the participation opportunities available to the person;
(e) the family and caring responsibilities of the person;
(f) the length of travel time required to comply with requirements in an employment pathway plan;
(g) the financial costs (such as travel costs) of complying with requirements in an employment pathway plan, and the person’s capacity to pay for such costs.
40G Employment pathway plans—examples of requirements
Seeking, accepting and undertaking paid work
(1) An employment pathway plan under this Subdivision in relation to a person may contain requirements relating to one or more of the following:
(a) the person actively seeking paid work in Australia;
(b) the person accepting, and being willing to accept, offers of paid work in Australia;
(c) the person undertaking, and being willing to undertake, paid work in Australia;
except particular paid work that is unsuitable to be done by the person.
Note: See Division 2B for the circumstances in which paid work is unsuitable to be done by a person.
Undertaking of other activities
(2) An employment pathway plan under this Subdivision in relation to a person may contain requirements relating to one or more of the following:
(a) the person undertaking training or study;
(b) the person undertaking voluntary work;
(c) the person participating in an approved program of work for income support payment (subject to section 40J) or in an employment program;
(d) the person attending an interview with a person engaged by an organisation that performs services for the Commonwealth;
(e) the person completing, updating or improving the person’s résumé.
Reporting on compliance
(3) An employment pathway plan under this Subdivision in relation to a person may contain requirements relating to the person’s reporting of compliance with the plan.
Parenting payment—health and education
(4) In relation to parenting payment and a person to whom paragraph 500(1)(ca) of the 1991 Act applies, an employment pathway plan under this Subdivision may contain requirements relating to one or more of the following:
(a) the person’s education;
(b) the health of a PP child of the person;
(c) the education of a PP child of the person.
No limit on requirements in plans
(5) Subsections (1) to (4) do not limit the requirements that an employment pathway plan may contain.
Note: See Subdivision B for limitations on the kind of requirements that can be contained in employment pathway plans.
Subdivision B—What employment pathway plans must not contain
40H Employment pathway plans not to contain requirements about undertaking unsuitable paid work
An employment pathway plan under Subdivision A in relation to a person must not contain a requirement relating to one or more of the following:
(a) the person seeking paid work in Australia;
(b) the person accepting offers of paid work in Australia;
(c) the person undertaking paid work in Australia;
that is particular paid work that is unsuitable to be done by the person.
Note: See Division 2B for the circumstances in which paid work is unsuitable to be done by a person.
40J Employment pathway plans not to contain requirements to participate in an approved program of work
Parenting payment
(1) An employment pathway plan under Subdivision A, that is in force in relation to a person who is receiving parenting payment, must not require the person to participate in an approved program of work for income support payment if:
(a) either:
(i) if the person’s rate of parenting payment is worked out under the Pension PP (Single) Rate Calculator in section 1068A of the 1991 Act—because of the application of Module E of that rate calculator, the person is receiving parenting payment at a rate that has been reduced; or
(ii) if the person’s rate of parenting payment is worked out under the Benefit PP (Partnered) Rate Calculator in section 1068B of the 1991 Act—because of the application of Module D of that rate calculator, the person is receiving parenting payment at a rate that has been reduced; or
(b) the person is at least 50 years of age and is not a person to whom subsection 28(4) of the 1991 Act applies.
Youth allowance
(2) An employment pathway plan under Subdivision A, that is in force in relation to a person who is receiving a youth allowance, must not require the person to participate in an approved program of work for income support payment if:
(a) the person is under 18 years of age; or
(b) the person is undertaking full‑time study (see section 541B of the 1991 Act); or
(c) because of the application of one or more Modules of the Youth Allowance Rate Calculator in section 1067G of the 1991 Act, the person is receiving the youth allowance at a rate that has been reduced; or
(d) the program of work requires the person to move from a home in one place to a home in another place.
Jobseeker payment
(3) An employment pathway plan under Subdivision A, that is in force in relation to a person who is receiving a jobseeker payment, must not require the person to participate in an approved program of work for income support payment if:
(a) because of the application of Module G of Benefit Rate Calculator B in section 1068 of the 1991 Act, the person is receiving the jobseeker payment at a rate that has been reduced; or
(b) the person is at least 50 years of age and is not a person to whom subsection 28(4) of the 1991 Act applies.
Special benefit
(4) An employment pathway plan under Subdivision A, that is in force in relation to a person who is receiving a special benefit, must not require the person to participate in an approved program of work for income support payment if:
(a) the person is under 18 years of age; or
(b) the person or the person’s partner has income; or
(c) the person is at least 50 years of age and is not a person to whom subsection 28(4) of the 1991 Act applies.
40K Employment pathway plans not to contain certain other requirements
(1) An employment pathway plan under Subdivision A must not contain a requirement of a kind that the Employment Secretary determines under subsection (2).
(2) The Employment Secretary must, by legislative instrument, determine the kinds of requirements that employment pathway plans must not contain.
Subdivision C—Exemptions from employment pathway plan requirements
40L Circumstances making it unreasonable etc. to comply with requirements
(1) A person is not required to satisfy the employment pathway plan requirements if a determination under this section is in effect in relation to the person.
Circumstances beyond a person’s control
(2) The Employment Secretary may make a determination under this section in relation to the person if:
(a) the Employment Secretary is satisfied that circumstances exist that are beyond the person’s control; and
(b) the Employment Secretary is satisfied that in those circumstances it would be unreasonable to expect the person to comply with the employment pathway plan requirements.
Note: See also section 40U (general rules about determinations under this Subdivision).
Other circumstances
(3) The Employment Secretary may make a determination under this section in relation to the person if the Employment Secretary is satisfied in all the circumstances that the person should not be required to satisfy the employment pathway plan requirements.
Note: See also section 40U (general rules about determinations under this Subdivision).
Exception—misuse of alcohol or another drug
(4) Subsection (2) or (3) does not apply to circumstances wholly or predominantly attributable to the person’s misuse of alcohol or another drug, unless the person is a declared program participant.
Examples of relevant circumstances
(5) The Employment Secretary may make a determination under subsection (2) or (3) in relation to a person in circumstances that relate to, but are not limited to, the following:
(a) the person having a temporary incapacity resulting in the person being unable to undertake work for at least 8 hours per week, where the person has given the Employment Secretary a certificate of a medical practitioner, in the form (if any) approved by the Employment Secretary, that supports the incapacity being caused by a medical condition arising from sickness or an accident;
(b) the person experiencing a marriage or relationship breakdown;
(c) the death of an immediate family member of the person;
(d) the person having suffered a significant personal crisis;
(e) the person having been affected by an emergency, disaster or public health crisis.
Revocation of determination
(6) The Employment Secretary may revoke a determination under this section in relation to a person if the Employment Secretary is satisfied in all the circumstances that it is no longer appropriate for the determination to remain in effect.
Later exemptions do not limit this section
(7) Sections 40M to 40T do not limit this section.
40M Death of person’s partner
Claimants
(1) A person is not required to satisfy the employment pathway plan requirements in respect of a period (the applicable period) if:
(a) the person makes a claim for a jobseeker payment, parenting payment, a youth allowance or a special benefit; and
(b) the person makes the claim after the death of the person’s partner; and
(c) if the person was not pregnant when the person’s partner died—the person makes the claim in the period of 14 weeks starting on the day of the death of the partner; and
(d) if the person was pregnant when the person’s partner died—the person makes the claim:
(i) in the period of 14 weeks starting on the day of the death of the partner; or
(ii) in the period starting on the day of the death of the partner and ending when the child is born or the person otherwise stops being pregnant;
whichever ends later.
The applicable period is the period applicable under paragraph (c) or (d).
Recipients
(2) A person is not required to satisfy the employment pathway plan requirements in respect of a period (the applicable period) if:
(a) the person is receiving a jobseeker payment, parenting payment, a youth allowance or a special benefit; and
(b) while the person is receiving the payment, allowance or benefit the person’s partner dies; and
(c) if the person was not pregnant when the person’s partner died—the person notifies the Employment Secretary of the person’s partner’s death in the period of 14 weeks starting on the day of the death of the partner; and
(d) if the person was pregnant when the person’s partner died—the person notifies the Employment Secretary of the person’s partner’s death:
(i) in the period of 14 weeks starting on the day of the death of the partner; or
(ii) in the period starting on the day of the death of the partner and ending when the child is born or the person otherwise stops being pregnant;
whichever ends later; and
(e) the person is receiving the payment, allowance or benefit on the day of the notification.
The applicable period is the period applicable under paragraph (c) or (d).
40N Domestic violence
(1) A person is not required to satisfy the employment pathway plan requirements if a determination under this section is in effect in relation to the person.
(2) The Employment Secretary must make a determination under this section in relation to the person if the Employment Secretary is satisfied that the person was subjected to domestic violence in the last 26 weeks.
Note: See also section 40U (general rules about determinations under this Subdivision).
(3) The Employment Secretary may revoke a determination under this section in relation to a person if the Employment Secretary is satisfied in all the circumstances that it is no longer appropriate for the determination to remain in effect.
40P Caring responsibilities
(1) A person is not required to satisfy the employment pathway plan requirements if a determination under this section is in effect in relation to the person.
Mandatory determination
(2) The Employment Secretary must make a determination under this section in relation to the person if the Employment Secretary is satisfied that:
(a) the person is the principal carer of one or more children and that one or more of the following apply:
(i) the person is a registered and active foster carer;
(ii) the person is a home educator of one or more of those children;
(iii) the person is a distance educator of one or more of those children;
(iv) under a family law order that the person is complying with, a child, of whom the person is a relative (other than a parent), is to live with the person; or
(b) the following apply:
(i) the person is the principal carer of a child;
(ii) the person is the principal carer of one or more other children or the main supporter of one or more secondary pupil children or both;
(iii) there are 4 or more of the children of whom the person is the principal carer or main supporter; or
(c) the following apply:
(i) the person is not the principal carer of one or more children;
(ii) the person is a registered and active foster carer;
(iii) the person is providing foster care to a child temporarily in an emergency or to give respite to another person from caring for the child; or
(d) the following apply:
(i) the person is the main supporter of one or more secondary pupil children;
(ii) the person is a home educator or distance educator of one or more of those children; or
(e) the following apply:
(i) the person is the principal carer of one or more children;
(ii) the person is a relative (other than a parent) of a child (the kin child);
(iii) there is a document that provides for the kin child to live with the person for the care and wellbeing of the kin child and that is prepared or accepted by an authority of a State or Territory that has responsibility for the wellbeing of children;
(iv) the person is acting in accordance with the document.
Note 1: For principal carer see subsections 5(15) to (24) of the 1991 Act.
Note 2: For registered and active foster carer see section 5B of the 1991 Act.
Note 3: For home educator see section 5C of the 1991 Act.
Note 4: For distance educator see section 5D of the 1991 Act.
Note 5: For family law order see subsection 23(1) of the 1991 Act.
Note 6: For relative (other than a parent) see section 5E of the 1991 Act.
Note 7: For main supporter see section 5G of the 1991 Act.
Note 8: For secondary pupil child see section 5F of the 1991 Act.
Note 9: See also section 40U (general rules about determinations under this Subdivision).
Discretionary determination
(3) The Employment Secretary may make a determination under this section in relation to the person if the Employment Secretary is satisfied that the person is the principal carer of one or more children:
(a) who suffer from a physical, intellectual or psychiatric disability or illness; and
(b) whose care needs are such that the person should, for the period specified in the determination, not be required to satisfy the employment pathway plan requirements.
Note 1: For principal carer see subsections 5(15) to (24) of the 1991 Act.
Note 2: See also section 40U (general rules about determinations under this Subdivision).
Revocation
(4) The Employment Secretary may revoke a determination under this section in relation to a person if the Employment Secretary is satisfied in all the circumstances that it is no longer appropriate for the determination to remain in effect.
40Q Pre‑natal and post‑natal relief
(1) A pregnant woman is not required to satisfy the employment pathway plan requirements for the period that starts 6 weeks before the woman’s expected date of confinement and ends on the day on which the woman gives birth to the child (whether or not the child is born alive).
(2) If a woman gives birth to a child (whether or not the child is born alive), the woman is not required to satisfy the employment pathway plan requirements for the period that starts on the day on which she gives birth to the child and ends 6 weeks after that day.
40R Persons engaged in work
Persons 55 and over
(1) A person who has reached 55 years of age is not required to satisfy the employment pathway plan requirements in respect of a period of 2 weeks if:
(a) unless paragraph (b) applies—the person:
(i) is engaged in approved unpaid voluntary work for an approved organisation for at least 30 hours in that 2‑week period; or
(ii) is engaged, for at least 30 hours in that 2‑week period, in a combination of approved unpaid voluntary work for an approved organisation and of paid work that the Secretary regards as suitable; or
(iii) is engaged for at least 30 hours in that 2‑week period in paid work that the Secretary regards as suitable; or
(b) if the person is under 60 years of age and that 2‑week period begins before the end of 12 months starting on the day the person starts to receive jobseeker payment or special benefit—the person:
(i) is engaged, for at least 30 hours in that 2‑week period, in work consisting of a combination of approved unpaid voluntary work for an approved organisation and of at least 15 hours of paid work that the Secretary regards as suitable; or
(ii) is engaged for at least 30 hours in that 2‑week period in paid work that the Secretary regards as suitable.
(2) For the purposes of this section:
(a) approved unpaid voluntary work is work, either full‑time or otherwise, that has been approved by the Employment Secretary for the purposes of this section; and