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Business Services Wage Assessment Tool Payment Scheme Act 2015
In force
Administered by
Department of Social Services
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C2020C00377 C03
27 November 2020
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Table of contents
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Part 1—Preliminary
1 Short title
2 Commencement
3 Simplified outline of this Act
3A Constitutional basis
3B Principles for nominees
4 Definitions
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Part 2—Key elements of BSWAT payment scheme
5 Simplified outline of this Part
6 Eligibility
7 Definition of intellectual impairment
8 Payment amount
8A Indexation
9 Effect on representative proceedings
10 Effect on certain claims
11 Evidence of eligibility
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Part 3—How to obtain a payment under the BSWAT payment scheme
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Division 1—Simplified outline of this Part
12 Simplified outline of this Part
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Division 2—Registration and application
13 Registration
14 When a person cannot be included on the register
15 Application
16 When a person cannot make an application
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Division 3—Determinations, offers and refusals
17 Determination of application
18 Certain applications must not be determined
19 Offer
20 Refusal
21 Certain circumstances in which offers and refusals cannot be given
22 Extensions
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Division 4—Internal review
23 Internal review at Secretary’s initiative
24 Internal review on application
25 Withdrawal of application for internal review
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Division 5—External review
26 Application for external review
27 Appointing external reviewer
28 External review
29 Material that may be considered by external reviewer
30 External reviewer may request Secretary to seek further information
31 Withdrawal of application for external review
32 Notice of decision on external review
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Division 6—Determinations made on a review
33 Substituting determinations on a review
34 Effect of review on previous offer or refusal
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Division 7—Accepting an offer
35 Accepting an offer
36 Legal advice certificate
37 Financial counselling certificate
38 Effective acceptance
39 Notice to Federal Court
40 Payment of amount
41 Declining an offer
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Part 4—Nominees
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Division 1—Introduction
42 Simplified outline of this Part
43 Definition of participant
44 Act that may be done
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Division 2—Functions and responsibilities of nominee
45 Actions on behalf of participant
46 Duties of nominee to participant
47 Giving of notices to nominee
48 Compliance by nominee
49 Nominee to inform Secretary of matters affecting ability to act as nominee
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Division 3—Appointment and cancellation or suspension of appointment
50 Appointment of nominee
51 Provisions relating to appointments
52 Circumstances in which the Secretary must cancel appointment of nominees
53 General circumstances in which Secretary may cancel or suspend appointment of nominees
54 Suspension etc. of appointment of nominees in cases of physical, mental or financial harm
55 Other matters relating to cancellation or suspension of appointment
56 Rules may prescribe requirements etc.
57 Secretary’s powers of revocation
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Division 4—Review of certain decisions about nominees
58 Review of certain decisions about nominees
59 Application for review
60 Withdrawal of application
61 Review of decisions following application under section 59
62 Notice and date of effect
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Division 5—Other matters relating to nominees
63 Secretary’s powers to give notices to participant
64 Notification of nominee where notice is given to participant
65 Protection of participant against liability for actions of nominee
66 Protection of nominee against criminal liability
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Part 5—Administration
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Division 1—Introduction
67 Simplified outline of this Part
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Division 2—Information gathering
68 Further information from applicant
69 General power to obtain information
70 Power to obtain information from a person who owes a debt to the Commonwealth
71 Obtaining information about a person who owes a debt to the Commonwealth
72 Written notice
73 Offence
74 Obligations not affected by State or Territory laws
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Division 3—Privacy
75 Protection of information
76 Offence—unauthorised access to protected information
77 Offence—unauthorised use or disclosure of protected information
78 Offence—soliciting disclosure of protected information
79 Offence—offering to supply protected information
80 Protection of certain documents etc. from production to court etc.
81 Disclosure of information by Secretary
82 Rules for exercise of Secretary’s disclosure powers
83 Part does not affect the operation of the Freedom of Information Act 1982
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Division 4—Debt recovery
84 Debts due to the Commonwealth
85 Joint and several liability for debts arising because of false and misleading statements
86 Legal proceedings
87 Arrangement for payment of debt
88 Recovery of amounts from financial institutions
89 Overseas application of debts
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Division 5—Non-recovery of debts
90 Secretary may write off debt
91 Power to waive Commonwealth’s right to recover debt
92 Waiver of debt arising from error
93 Waiver of small debt
94 Waiver in relation to settlements
95 Waiver in special circumstances
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Part 6—Miscellaneous
96 Simplified outline of this Part
97 Effect of person’s death
98 No admissions
98A Certain administrative matters
99 Standing appropriation
100 Delegation
101 Approved forms
102 Rules
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history