Part 1
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Commonwealth legislation
This instrument declares two approved work programs and prohibits specified requirements in employment pathway plans (for example, criminal activity, involuntary medical or psychiatric treatment, work outside Australia for residents, sex work, or requirements that breach discrimination or OHS laws). It also sets three tests for when particular paid work is unsuitable for people with partial capacity or principal carers: travel time, travel costs, and childcare costs. It affects income‑support recipients and the administering agency by limiting required activities and creating assessment rules that shift compliance and decision burden to officials.
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Direct links to the current provisions in Social Security (Streamlined Participation Requirements) Instrument 2022.
This instrument is the Social Security (Streamlined Participation Requirements) Instrument 2022.
This instrument is made under the following: (a) subsection 28(1) of the Social Security Act 1991; (b) subsections 40K(2), 40X(4) and 42AC(3) of the Social Security (Administration) Act 1999.
For the purposes of subsection 28(1) of the Social Security Act 1991, the following programs are declared to be approved programs of work for income support payment: (a) Work for the Dole; (b) Work Skills and Projects.
For the purposes of subsection 40K(2) of the Social Security (Administration) Act 1999, the following kinds of requirements are declared: (a) a requirement that a person: (i) seek to be involved in, or be involved in, a criminal activity; or (ii) undergo involuntary medical treatment; or (iii) undergo involuntary psychiatric or psychological treatment; or (iv) in relation to a person who resides in Australia—seek to be involved in, or undertake, an activity outside Australia; or (v) seek work as a sex worker, or be involved in, the sex or adult entertainment industry; (b) a requirement that a person seek to undertake, or undertake, an activity that would contravene: (i) a law of the Commonwealth, a State or a Territory relating to discrimination against persons; or (ii) a law of the Commonwealth, a State or a Territory relating to occupational health and safety; (c) in relation to a person who has an illness, disability or injury that has been established by medical evidence—a requirement that the person seek to undertake, or undertake, an activity: (i) that medical evidence indicates would aggravate the illness, disability or injury; or (ii) in circumstances where appropriate support or facilities to manage or take account of the illness, disability or injury would not be available.
(1) This section applies in relation to working out whether particular paid work is unsuitable to be done by a person who: (a) has a partial capacity to work; or (b) is the principal carer of one or more children (the person’s children).
Note: For the meaning of partial capacity to work, see section 16B of the Social Security Act 1991 and for the meaning of principal carer, see subsections 5(15) to (24) of that Act.
(2) For the purposes of subsection 40X(4) of the Social Security (Administration) Act 1999, the following matters are to be taken into account in working out whether particular paid work is unsuitable to be done by the person: (a) whether the amount of time that would be needed for the person to travel from the person’s home to the place of work, or vice versa, would normally exceed 60 minutes; (b) whether the person would be financially worse off as a result of undertaking the work, by comparison with not undertaking the work, because of the financial cost of travel that would be incurred by the person in undertaking the work; (c) if paragraph (1)(b) applies—whether the person would be financially worse off, or only marginally better off, as a result of undertaking the work, by comparison with not undertaking the work, because of the financial cost to the person in providing appropriate care and supervision for the person’s children at the times when the person would be required to undertake the work. (3) For the purposes of paragraph (2)(a), regard must be had to all forms of transport (whether public or private) that are available to, and accessible by, the person.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This instrument is the Social Security (Streamlined Participation Requirements) Instrument 2022.
This instrument is made under the following: (a) subsection 28(1) of the Social Security Act 1991; (b) subsections 40K(2), 40X(4) and 42AC(3) of the Social Security (Administration) Act 1999.
For the purposes of subsection 28(1) of the Social Security Act 1991, the following programs are declared to be approved programs of work for income support payment: (a) Work for the Dole; (b) Work Skills and Projects.
For the purposes of subsection 40K(2) of the Social Security (Administration) Act 1999, the following kinds of requirements are declared: (a) a requirement that a person: (i) seek to be involved in, or be involved in, a criminal activity; or (ii) undergo involuntary medical treatment; or (iii) undergo involuntary psychiatric or psychological treatment; or (iv) in relation to a person who resides in Australia—seek to be involved in, or undertake, an activity outside Australia; or (v) seek work as a sex worker, or be involved in, the sex or adult entertainment industry; (b) a requirement that a person seek to undertake, or undertake, an activity that would contravene: (i) a law of the Commonwealth, a State or a Territory relating to discrimination against persons; or (ii) a law of the Commonwealth, a State or a Territory relating to occupational health and safety; (c) in relation to a person who has an illness, disability or injury that has been established by medical evidence—a requirement that the person seek to undertake, or undertake, an activity: (i) that medical evidence indicates would aggravate the illness, disability or injury; or (ii) in circumstances where appropriate support or facilities to manage or take account of the illness, disability or injury would not be available.
(1) This section applies in relation to working out whether particular paid work is unsuitable to be done by a person who: (a) has a partial capacity to work; or (b) is the principal carer of one or more children (the person’s children).
Note: For the meaning of partial capacity to work, see section 16B of the Social Security Act 1991 and for the meaning of principal carer, see subsections 5(15) to (24) of that Act.
(2) For the purposes of subsection 40X(4) of the Social Security (Administration) Act 1999, the following matters are to be taken into account in working out whether particular paid work is unsuitable to be done by the person: (a) whether the amount of time that would be needed for the person to travel from the person’s home to the place of work, or vice versa, would normally exceed 60 minutes; (b) whether the person would be financially worse off as a result of undertaking the work, by comparison with not undertaking the work, because of the financial cost of travel that would be incurred by the person in undertaking the work; (c) if paragraph (1)(b) applies—whether the person would be financially worse off, or only marginally better off, as a result of undertaking the work, by comparison with not undertaking the work, because of the financial cost to the person in providing appropriate care and supervision for the person’s children at the times when the person would be required to undertake the work. (3) For the purposes of paragraph (2)(a), regard must be had to all forms of transport (whether public or private) that are available to, and accessible by, the person.