(7) The person is entitled to a payment, or payments, of arrears arising from the operation of this section at the time, or times, provided by the determination under subsection (2).
Non‑application of general provisions for date of effect
(8) Division 9 of Part 3 (date of effect of determinations) does not apply in relation to a determination under subsection (2).
Division 3—School attendance notices
124K School attendance—attendance notices
Scope
(1) This section applies if:
(a) a schooling requirement person’s child is enrolled at a school in a State or Territory; and
(b) a person responsible for the operation of the school gives the Secretary written notice that:
(i) the child is failing to attend school, as required by the law of that State or Territory, to the satisfaction of the person responsible; and
(ii) the schooling requirement person is failing to take reasonable steps to ensure that the child attends school, as required by the law of that State or Territory, to the satisfaction of the person responsible.
Attendance notice
(2) The Secretary may give a notice (an attendance notice) to the schooling requirement person, requiring the person to take reasonable steps, as determined in accordance with the schooling requirement determination (if any), to ensure that the child attends school as required by the law of that State or Territory.
(3) The attendance notice must give details of:
(a) how to comply with the notice; and
(b) the initial period for compliance with the notice, and the Secretary’s power to extend that period (under subsections (4) and (5)); and
(c) the consequences under this Division of not complying with the notice.
Initial period for compliance
(4) The attendance notice must state an initial period for compliance with the notice of at least 28 days after the notice is given.
(5) The Secretary may extend the initial period for compliance stated in the attendance notice before or after the end of the stated period.
124L School attendance—condition of schooling requirement payments
(1) A schooling requirement payment is not payable to a schooling requirement person if the person fails to comply with an attendance notice given to the person under section 124K.
(2) Subsection (1) does not apply to the schooling requirement person in relation to an attendance notice, as at a particular day, if:
(a) the initial compliance period stated in the notice (as extended, if at all, under subsection 124K(5)) has not ended at that day; or
(b) the Secretary is satisfied that:
(i) as at that day, the person has a reasonable excuse, as determined in accordance with the schooling requirement determination (if any), for failing to comply with the attendance notice; or
(ii) in the special circumstances of the case applying as at that day, as determined in accordance with the schooling requirement determination (if any), it is appropriate that the subsection should not apply as at that day.
(3) A schooling requirement payment cannot be suspended, or cancelled, because of the application of subsection (1) except as provided by section 124M.
(4) For a schooling requirement payment under the Veterans’ Entitlements Act:
(a) this section does not apply in relation to the grant of the payment; but
(b) this section otherwise applies in relation to the payment.
124M School attendance—suspension or cancellation for non‑compliance with attendance notice
Scope
(1) This section applies if, as at a particular day:
(a) a schooling requirement person has been given an attendance notice; and
(b) a schooling requirement payment is not payable to the person because subsection 124L(1) applies to the person as at that day.
Note: Section 124L provides that a schooling requirement payment is not payable to a person if he or she fails to comply with an attendance notice after the end of the initial compliance period (unless he or she has a reasonable excuse or special circumstances apply).
Suspension or cancellation of payment
(2) The Secretary must:
(a) if the payment has been suspended under this section for a total period of 13 weeks or more (which need not be a continuous period) in relation to compliance with the attendance notice—determine that the payment is to be suspended or cancelled; or
(b) in any other case—determine that the payment is to be suspended.
Payment may be suspended more than once
(3) The Secretary may make more than one determination under subsection (2) in relation to compliance with a particular attendance notice.
Note: Following suspension of a schooling requirement payment, the payment may become payable again under section 124N. Subsection 124M(3) allows for a further suspension of the payment even after the payment has become payable again.
Payment may be suspended even if not yet received
(4) The Secretary may suspend a schooling requirement person’s schooling requirement payment under this section even if the person has not started to receive the payment.
Note: An attendance notice may be given to a claimant for a schooling requirement payment (see section 124 (Scope)). The claim may be granted even if subsection 124L(1) applies to the person. However, in that event, the Secretary must suspend the payment under this section (before it has started).
124N School attendance—when payments become payable after suspension
Scope
(1) This section applies if, on a particular day (the reconsideration day):
(a) a person’s schooling requirement payment has been, and remains, suspended under section 124M; and
(b) a person responsible for the operation of a school in a State or Territory at which the person’s child is enrolled gives the Secretary written notice that the child is attending school, as required by the law of that State or Territory, to the satisfaction of the person responsible.
(2) This section also applies if, on a particular day (the reconsideration day):
(a) a person’s schooling requirement payment has been, and remains, suspended under section 124M; and
(b) the Secretary has reconsidered the decision to suspend the payment (whether on an application under section 129 or on his or her own initiative); and
(c) as a result of the reconsideration, the Secretary is satisfied that, as at the reconsideration day, subsection 124L(1) no longer applies to the person.
Note 1: The cancellation of a schooling requirement payment may be reconsidered under section 85.
Note 2: Section 124L provides that a schooling requirement payment is not payable to a person if he or she fails to comply with an attendance notice after the end of an initial compliance period (unless he or she has a reasonable excuse or special circumstances apply).
Determination that payment is payable
(3) The Secretary must determine:
(a) that the schooling requirement payment is payable to the schooling requirement person (subject to any other provision of the social security law or the Veterans’ Entitlements Act, as the case requires); and
(b) that any arrears resulting from the operation of this section are to be paid at a time, or times, stated in the determination under this subsection (or worked out in accordance with that determination).
Entitlement to arrears—suspension for total period of up to 13 weeks
(4) If the payment has been suspended under section 124M for a total period of less than 13 weeks (which need not be a continuous period) in relation to compliance with a particular attendance notice, the date of effect of the determination under subsection (3) is the day on which the latest suspension determination was made under section 124M in relation to such compliance.
Note: A schooling requirement payment may be suspended more than once under section 124M (see subsection 124M(3)).
Entitlement to arrears—suspension for total period of 13 weeks or more
(5) If subsection (4) does not apply, the date of effect of the determination under subsection (3) is:
(a) the reconsideration day; or
(b) an earlier day stated by the Secretary in that determination to be appropriate, in the special circumstances of the case applying as at the reconsideration day, as determined in accordance with the schooling requirement determination (if any).
(6) For the purposes of subsection (5), the Secretary may vary a determination under subsection (3) to state an earlier date of effect, if the determination:
(a) does not include such a statement; or
(b) includes such a statement in relation to a later day.
How arrears are paid
(7) Arrears resulting from the operation of this section may be paid to the person as a lump sum payment, a series of regular payments, or otherwise, in accordance with the determination under subsection (3).
(8) The person is entitled to a payment, or payments, of arrears arising from the operation of this section at the time, or times, provided by the determination under subsection (3).
Non‑application of general provisions for date of effect
(9) Division 9 of Part 3 (date of effect of determinations) does not apply in relation to a determination under subsection (3).
Division 3A—School attendance plans
124NA When this Division applies
This Division applies if:
(a) a schooling requirement person’s child is enrolled at a school in a State or Territory; and
(b) a person responsible for the operation of the school gives the Secretary written notice that the child is failing to attend school, as required by the law of that State or Territory, to the satisfaction of the person responsible.
124NB Conference notices
The Secretary (the notifier), or a person responsible for the operation of the school (the notifier), may give a notice to the schooling requirement person specifying the following:
(a) the person is required to attend a conference with a specified person at a specified place and time;
(b) the purpose of the conference is to discuss the child’s school attendance;
(c) the person is required, at the conference, to enter into a school attendance plan that is in accordance with section 124NC;
(d) the consequences under this Division of not complying with the notice.
124NC School attendance plans
(1) If a school attendance plan is not in force in relation to the schooling requirement person, the Secretary (the notifier), or a person responsible for the operation of the school (the notifier), may require the person to enter into such a plan.
(2) If a school attendance plan is in force in relation to the schooling requirement person, the Secretary (the notifier), or a person responsible for the operation of the school (the notifier), may require the person to enter into another plan instead of the existing one.
Notice of requirement
(3) The notifier is to give the schooling requirement person notice of:
(a) the requirement; and
(b) the place and time at which the plan is to be entered into; and
(c) the consequences under this Division of not complying with the requirement.
(4) Without limiting subsection (3), the notice may be included in a notice under section 124NB or 124ND.
Form of plan
(5) A school attendance plan must be in a form approved by the notifier.
Children covered by the plan
(6) A school attendance plan must cover one or more children of the schooling requirement person.
Purpose of plan
(7) A school attendance plan must contain requirements, that the schooling requirement person is required to comply with, that the notifier considers appropriate for the purpose of ensuring improved school attendance of the one or more children covered by the plan.
124ND Compliance notices
(1) The Secretary (the notifier), or a person responsible for the operation of the school (the notifier), may give a notice (a compliance notice) to the schooling requirement person requiring the person to comply with one or more requirements specified in the notice if the person commits any of the following failures:
(a) if a notice is given to the person under section 124NB—the person fails to attend the conference at the place and time specified under paragraph 124NB(a);
(b) the person fails to enter into a school attendance plan in accordance with section 124NC;
(c) the person fails to comply with a school attendance plan in force in relation to the person.
(2) The compliance notice must give details of:
(a) how to comply with the notice; and
(b) the consequences under this Division of not complying with the notice.
Purpose of notice
(3) A requirement specified in the compliance notice must be one that the notifier considers appropriate for the purpose of ensuring improved school attendance of the schooling requirement person’s child.
124NE School attendance—condition of schooling requirement payments
(1) A schooling requirement payment is not payable to a schooling requirement person if the person fails to comply with a compliance notice given to the person under section 124ND.
(2) Subsection (1) does not apply to the person in relation to a compliance notice, as at a particular day, if the Secretary is satisfied that there are special circumstances applying as at that day, as determined in accordance with the schooling requirement determination (if any), that justify the failure to comply with the compliance notice.
(3) Subsection (1) does not apply to the person in relation to a compliance notice, as at a particular day, if:
(a) before that day, the person has been fined under a law of a State or Territory in relation to the failure of the person’s child or children to attend school in that State or Territory; and
(b) having regard to all the circumstances, the Secretary determines that subsection (1) should not apply to the person as at that day.
(4) A schooling requirement payment cannot be suspended, or cancelled, because of the application of subsection (1) except as provided by section 124NF.
(5) For a schooling requirement payment under the Veterans’ Entitlements Act:
(a) this section does not apply in relation to the grant of the payment; but
(b) this section otherwise applies in relation to the payment.
(6) A determination under paragraph (3)(b) is not a legislative instrument.
124NF School attendance—suspension or cancellation for non‑compliance with compliance notice
Scope
(1) This section applies if, as at a particular day:
(a) a schooling requirement person has been given a compliance notice; and
(b) a schooling requirement payment is not payable to the person because subsection 124NE(1) applies to the person as at that day.
Note: Section 124NE provides that a schooling requirement payment is not payable to a person if he or she fails to comply with a compliance notice.
Suspension or cancellation of payment
(2) The Secretary must:
(a) if the payment has been suspended under this section for a total period of 13 weeks or more (which need not be a continuous period) in relation to compliance with the compliance notice—determine that the payment is to be suspended or cancelled; or
(b) in any other case—determine that the payment is to be suspended.
Payment may be suspended more than once
(3) The Secretary may make more than one determination under subsection (2) in relation to compliance with a particular compliance notice.
Note: Following suspension of a schooling requirement payment, the payment may become payable again under section 124NG. Subsection (3) of this section allows for a further suspension of the payment even after the payment has become payable again.
Payment may be suspended even if not yet received
(4) The Secretary may suspend a schooling requirement person’s schooling requirement payment under this section even if the person has not started to receive the payment.
Note: A compliance notice may be given to a claimant for a schooling requirement payment (see section 124 (Scope)). The claim may be granted even if subsection 124NE(1) applies to the person. However, in that event, the Secretary must suspend the payment under this section (before it has started).
124NG School attendance—when payments become payable after suspension
Scope
(1) This section applies if, on a particular day (the reconsideration day):
(a) a person’s schooling requirement payment has been, and remains, suspended under section 124NF, where the compliance notice concerned required the person to enter into a school attendance plan; and
(b) the Secretary has reconsidered the decision to suspend the payment (whether on an application under section 129 or on his or her own initiative); and
(c) as a result of the reconsideration, the Secretary is satisfied that, as at the reconsideration day:
(i) the person has entered into such a plan containing requirements that the Secretary considers appropriate for the purpose of ensuring improved school attendance of the one or more children covered by the plan; or
(ii) there are special circumstances applying, as determined in accordance with the schooling requirement determination (if any), that justify the person being unable to enter into such a plan.
(2) This section also applies if, on a particular day (the reconsideration day):
(a) a person’s schooling requirement payment has been, and remains, suspended under section 124NF, where the compliance notice concerned required the person to comply with a school attendance plan in force in relation to the person; and
(b) the Secretary has reconsidered the decision to suspend the payment (whether on an application under section 129 or on his or her own initiative); and
(c) as a result of the reconsideration, the Secretary is satisfied that, as at the reconsideration day:
(i) the person is complying with the plan; or
(ii) there are special circumstances applying, as determined in accordance with the schooling requirement determination (if any), that justify the person being unable to comply with the plan.