(b) an approved organisation is an organisation that has been approved by the Employment Secretary for the purposes of this section.
Principal carers and people with partial capacity to work
(3) A person is not required to satisfy the employment pathway plan requirements in respect of a period of 2 weeks if the person:
(a) is the principal carer of at least one child or has a partial capacity to work; and
(b) is engaged for at least 30 hours in that 2‑week period in paid work that the Secretary regards as suitable.
Note 1: For principal carer see subsections 5(15) to (24) of the 1991 Act.
Note 2: For partial capacity to work see section 16B of the 1991 Act.
40S Jobseeker payment rules only
Rehabilitation program
(1) A person is not required to satisfy the employment pathway plan requirements in respect of a period (the applicable period) if:
(a) subparagraph 593(1)(a)(ii) of the 1991 Act applies in relation to the person; and
(b) the person is undertaking a rehabilitation program; and
(c) the program is intended to enhance the person’s ability to work; and
(d) the length of the person’s participation in the program is, or is likely to be, at least 6 weeks; and
(e) the person’s participation in the program will, or is likely to, end within the period of 208 weeks after the jobseeker payment commenced to be payable to the person.
The applicable period is the period the person is undertaking the rehabilitation program or such shorter or longer period determined by the Employment Secretary.
Interaction with the ABSTUDY Scheme
(2) A person is not required to satisfy the employment pathway plan requirements in respect of a period (the applicable period) if:
(a) jobseeker payment is payable to the person because of subsection 614(6) of the 1991 Act; and
(b) the person has commenced the full‑time course of education referred to in paragraph 614(6)(a) of the 1991 Act.
The applicable period is the period during which the payment is payable to the person because of that subsection.
40T Exceptional circumstances
(1) A person is not required to satisfy the employment pathway plan requirements if the person is included in a class of persons specified in a determination under this section that is in effect.
(2) The Employment Secretary may make a determination under this section specifying a class of persons for the purposes of subsection (1).
Note: See also section 40U (general rules about determinations under this Subdivision).
(3) The Employment Secretary may make the determination only if the Employment Secretary is satisfied that exceptional circumstances exist to justify making the determination.
(4) Without limiting subsection (3), the exceptional circumstances may be that there is an emergency, disaster or public health crisis affecting Australia or one or more parts of Australia.
Publication
(5) The Employment Secretary must cause details of the class of persons and of the exceptional circumstances to be published on the Employment Department’s website.
Revocation of determination
(6) The Employment Secretary may revoke a determination under this section if the Employment Secretary is satisfied in all the circumstances that it is no longer appropriate for the determination to remain in effect.
(7) The Employment Secretary must cause details of the revocation to be published on the Employment Department’s website.
40U General rules
(1) A determination under this Subdivision may specify the period during which the determination has effect.
(2) A determination under this Subdivision may be expressed to take effect on a day that is earlier than the day on which the determination is made.
(3) A revocation of a determination under this Subdivision takes effect on the day specified in the revocation, which must not be earlier than the day the revocation is made.
(4) A determination under this Subdivision, or a revocation of such a determination, is not a legislative instrument.
Subdivision D—Variation, cancellation and review of employment pathway plans
40V Variation, cancellation and review of employment pathway plans
Variation
(1) The Employment Secretary may vary an employment pathway plan that is in force under Subdivision A in relation to a person after discussion with the person and after taking into account the matters mentioned in paragraphs 40D(5)(a), (b), (c) and (d).
(2) The Employment Secretary may vary the plan on the Employment Secretary’s own initiative or on request of the person.
(3) If the person requests a variation of the plan, the Employment Secretary must:
(a) make a decision under subsection (1) to vary the plan; or
(b) make a decision to refuse to vary the plan.
(4) The Employment Secretary must notify the person of the variation or of the decision to refuse to vary the plan.
(5) If an employment pathway plan is in force under Subdivision A in relation to a person, the person may vary the plan in accordance with the processes referred to in subsection 40B(1).
Cancellation
(6) The Employment Secretary must cancel an employment pathway plan that is in force under Subdivision A in relation to a person if the person enters into another employment pathway plan.
Review
(7) The Employment Secretary may review an employment pathway plan that is in force under Subdivision A in relation to a person.
(8) The Employment Secretary may review the plan on the Employment Secretary’s own initiative or on request of the person.
Subdivision E—Notification of circumstances preventing or affecting compliance with employment pathway plans
40W Notification of circumstances preventing or affecting compliance with employment pathway plans
If an employment pathway plan is in force under Subdivision A in relation to a person, the person must notify the Employment Secretary of any circumstances preventing the person from complying, or reducing the person’s capacity to comply, with the requirements in the plan.
Division 2B—Circumstances in which paid work is unsuitable
40X Circumstances in which paid work is unsuitable
(1) For the purposes of the social security law, particular paid work is unsuitable to be done by a person if and only if:
(a) the person lacks the particular skills, experience or qualifications that are needed to perform the work and no relevant training will be provided to the person; or
(b) it has been established that there is medical evidence that the person has an illness, disability or injury that would be aggravated by the conditions in which the work would be performed; or
(c) the person is the principal carer of one or more children, and does not have access to appropriate care and supervision for the children during:
(i) the times when the person would be required to undertake the work; or
(ii) reasonable amounts of time that would be needed for the person to travel from the person’s home to the place of work and from the place of work to the person’s home; or
(d) performing the work in the conditions in which the work would be performed would constitute a risk to health or safety and would contravene a law of the Commonwealth, a State or a Territory relating to occupational health and safety; or
(e) the terms and conditions for the work would be less generous than the applicable statutory conditions; or
(f) commuting between the person’s home and the place of work would be unreasonably difficult; or
(g) the work would require enlistment in the Defence Force or the Reserves; or
(h) the work requires the person to move from a home in a place to a home in another place; or
(i) for any other reason, the work is unsuitable to be done by the person.
Note: For the purposes of paragraph (i), see also subsections (4) and (5).
Work outside the area in which the person’s home is situated
(2) If:
(a) a person seeks work in an area (the new area) that is outside the area (the old area) in which the person’s home is situated; and
(b) the person is offered permanent full‑time work (whether or not work of the kind sought) in the new area;
the work offered is not unsuitable for the person because of paragraph (1)(f) or (h) unless:
(c) the person is under the age of 18; or
(d) the person or the person’s partner is pregnant; or
(e) the person or the person’s partner has a severe medical condition and the condition makes it unreasonable for the person to accept the offer; or
(f) the acceptance of the offer would jeopardise the current paid work, or the paid work prospects, of the person’s partner; or
(g) the person or the person’s partner has a child under the age of 16 who is living with them or is living somewhere else in the old area; or
(h) the person or the person’s partner has significant caring responsibilities in the old area; or
(i) the educational, cultural or religious background of the person makes it unreasonable for the person to accept the offer; or
(j) it is more appropriate for the person to participate in education or training than to accept the offer; or
(k) the person would suffer severe financial hardship if the person were to accept the offer.
(3) Without limiting subsection (2), if a person, when seeking paid work through an employment service provider, represents to the provider that the person is willing to undertake work outside the area in which the person’s home is situated, the person is taken to have sought work outside that area.
Legislative instrument
(4) The Employment Secretary must, by legislative instrument, determine matters to be taken into account in working out whether particular paid work is unsuitable to be done by a person for the purposes of paragraph (1)(i).
(5) Subsection (4) does not limit the matters that may be taken into account in working out whether particular paid work is unsuitable to be done by a person for the purposes of paragraph (1)(i).
Interpretation
(6) To avoid doubt, for the purposes of this section, paid work is not unsuitable to be done by a person merely because:
(a) the work is not the person’s preferred type of work; or
(b) the work is not commensurate with the person’s highest level of educational attainment or qualification; or
(c) the level of remuneration for the work is not the person’s preferred level of remuneration.
Division 2C—Guidelines
40Y Guidelines
The Employment Secretary must, by legislative instrument, determine guidelines about:
(a) how a person satisfies the Employment Secretary that the person is willing to actively seek and to accept and undertake paid work in Australia, except particular paid work that is unsuitable to be done by the person; and
(b) the following:
(i) the kind of information to be provided by the Employment Secretary to a person who has made a claim for a participation payment about the person entering into an employment pathway plan under section 40D or 40E;
(ii) the processes (including any technological requirements) for entering into such a plan;
(iii) the processes for reporting compliance with the requirements in such a plan; and
(c) the circumstances in which performing paid work in Australia may constitute a risk to health or safety and how a person satisfies the Employment Secretary that particular paid work constitutes such a risk.
Division 3—Commencement of social security payment
41 Commencement
(1) Unless another provision of the social security law provides otherwise, a social security payment becomes payable to a person on the person’s start day in relation to the social security payment.
(2) Unless another provision of the social security law provides otherwise, a concession card takes effect on the person’s start day in relation to the card.
42 Start day
For the purposes of the social security law, a person’s start day in relation to a social security payment or a concession card is the day worked out in accordance with Schedule 2.
Division 3AA—Compliance with participation payment obligations: persons other than declared program participants
Subdivision A—Introduction
42AA Simplified outline of this Division
This Division is about the Secretary taking action to ensure that people (other than declared program participants) meet their obligations in relation to participation payments. The participation payments are jobseeker payment and, for some people, youth allowance, parenting payment and special benefit.
A person commits a mutual obligation failure for failing to comply with obligations relating to participation payments, such as attending appointments, undertaking activities, or taking action to gain paid work. A person commits a work refusal failure for failing to accept an offer of paid work (except paid work that is unsuitable to be done by the person). A person commits an unemployment failure for becoming unemployed because of a voluntary act (except a reasonable act) or misconduct.
For a mutual obligation failure or a work refusal failure, the participation payment may not be payable until the person complies with a reconnection requirement. The person may then receive back pay. The participation payment must be cancelled if the person fails to comply with the reconnection requirement within 4 weeks.
If a person who commits a mutual obligation failure has persistently committed mutual obligation failures and does not have a reasonable excuse then, depending on the circumstances, the person’s participation payment may be reduced by either 50% or 100% for a period (in addition to not being payable) or be cancelled. In addition, a participation payment may be cancelled if a person does not have a reasonable excuse for a work refusal failure. No participation payments are payable to a person for 4 weeks if a participation payment is cancelled for a mutual obligation failure or a work refusal failure.
If a person commits an unemployment failure, participation payments may not be payable to the person for either 4 or 6 weeks, depending on whether relocation assistance had been paid to help the person take up the employment concerned. Also, the person’s participation payment may be cancelled if he or she was receiving a participation payment when the unemployment failure was committed.
42AB Division not to apply to declared program participants
This Division applies in relation to a person if the person is not a declared program participant.
Subdivision B—Failures for which compliance action must be taken
42AC Mutual obligation failures
(1) A person commits a mutual obligation failure if the person is receiving a participation payment and any of the following applies:
(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, or to be punctual for, an appointment that the person is required to attend by:
(i) a notice under subsection 63(2); or
(ii) an employment pathway plan that is in force in relation to the person;
(d) the person fails to attend, to be punctual for, or to participate in, an activity that the person is required to undertake by an employment pathway plan that is in force in relation to the person;
(e) an employment pathway plan is in force in relation to the person and the person fails to satisfy the Secretary that the person has undertaken adequate job search efforts in relation to a period worked out in accordance with the plan (see subsection (2));
(f) an employment pathway plan is in force in relation to the person and the person fails to comply with any other requirement of the plan that applies to the person;
(g) the Secretary is satisfied that the person acted in an inappropriate manner:
(i) during an appointment to which paragraph (c) applies that the person attended; or
(ii) while participating in an activity referred to in paragraph (d);
(h) the person intentionally acts in a manner 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;
(i) the person fails to:
(i) attend a job interview; or
(ii) act on a job opportunity when requested to do so by an employment services provider.
Note: In certain circumstances a person is taken to be receiving a participation payment even if it is not payable to the person: see section 42AQ.
(1A) However, a person does not commit a mutual obligation failure in relation to the person’s failure to:
(a) accept an offer of paid work in Australia of more than 15 hours per week; or
(b) undertake paid work in Australia of more than 15 hours per week;
if the person is the principal carer of at least one child or has a partial capacity to work.
Note 1: For principal carer see subsections 5(15) to (24) of the 1991 Act.
Note 2: For partial capacity to work see section 16B of the 1991 Act.
(2) For the purposes of paragraph (1)(e), the question whether a person has undertaken adequate job search efforts in relation to a particular period is to be worked out in accordance with a determination in force under subsection (3).
(3) The Secretary must, by legislative instrument, make a determination for the purposes of subsection (2).
(4) Paragraph (1)(c) does not limit paragraph (1)(a), and paragraph (1)(i) does not limit paragraph (1)(h).
42AD Work refusal failures
(1) A person commits a work refusal failure if:
(a) the person is receiving a participation payment; and
(aa) in the case where the participation payment is parenting payment—the person is not someone to whom paragraph 500(1)(ca) of the 1991 Act applies; and
(b) the person refuses or fails to accept an offer of paid work in Australia, except particular paid work that is unsuitable to be done by the person.