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Act No. 150 of 2012 as amended, taking into account amendments up to Veterans' Affairs Legislation Amendment (Budget Measures) Act 2017
An Act to establish the Social and Community Services Pay Equity Special Account, and for related purposes
Administered by: Social Services
Registered 20 Jul 2017
Start Date 01 Jul 2017
To be ceased 30 Jun 2021
Ceased by Self Ceasing

Social and Community Services Pay Equity Special Account Act 2012

No. 150, 2012

Compilation No. 4

Compilation date:                              1 July 2017

Includes amendments up to:            Act No. 59, 2017

Registered:                                         20 July 2017

 

About this compilation

This compilation

This is a compilation of the Social and Community Services Pay Equity Special Account Act 2012 that shows the text of the law as amended and in force on 1 July 2017 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

Part 1—Preliminary                                                                                                             1

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Simplified outline................................................................................ 1

4............ Definitions.......................................................................................... 2

Part 2—Social and Community Services Pay Equity Special Account 4

5............ Social and Community Services Pay Equity Special Account............. 4

6............ Credits to the Account......................................................................... 4

7............ Purposes of the Account..................................................................... 5

8............ COAG Reform Fund.......................................................................... 6

Part 3—Other matters                                                                                                         8

9............ Disallowance of instruments............................................................... 8

10.......... Sunset provision................................................................................. 8

Schedule 1—Programs                                                                                             9

Part 1—Programs in Schedule 1AA to the Financial Framework (Supplementary Powers) Regulations 1997                                                                                                 9

Part 2—Other programs                                                                                                  10

Schedule 2—Programs                                                                                           11

Part 1—Programs in Schedule 1AA to the Financial Framework (Supplementary Powers) Regulations 1997                                                                                               11

Part 2—Other programs                                                                                                  12

Schedule 3—Grants of financial assistance                                      13

Part 1—Agreements                                                                                                           13

Part 2—Payments                                                                                                                14

Endnotes                                                                                                                                    15

Endnote 1—About the endnotes                                                                            15

Endnote 2—Abbreviation key                                                                                17

Endnote 3—Legislation history                                                                             18

Endnote 4—Amendment history                                                                           20


An Act to establish the Social and Community Services Pay Equity Special Account, and for related purposes

Part 1Preliminary

  

1  Short title

                   This Act may be cited as the Social and Community Services Pay Equity Special Account Act 2012.

2  Commencement

                   This Act commences on the day this Act receives the Royal Assent.

3  Simplified outline

                   The following is a simplified outline of this Act:

•      This Act establishes the Social and Community Services Pay Equity Special Account.

•      Section 6 provides for annual credits of money to the Account for the 2012‑13 financial year through to the 2020‑21 financial year.

•      Section 7 provides that a purpose of the Account is to assist certain employers in the Social, Community and Disability Services Industry to meet the costs of payments required to be made as a result of certain pay equity orders. That section sets out the other purpose of the Account.

•      Section 8 provides that amounts may be debited from the Account and credited to the COAG Reform Fund for the purpose of making grants to the States or Territories in relation to the same kind of assistance.

•      This Act ceases to have effect on 30 June 2021.

4  Definitions

             (1)  In this Act:

Account means the Social and Community Services Pay Equity Special Account established by section 5.

COAG Reform Fund means the COAG Reform Fund established by section 5 of the COAG Reform Fund Act 2008.

pay equity order means:

                     (a)  the Social, Community and Disability Services Industry Equal Remuneration Order; or

                     (b)  a transitional pay equity order (Queensland); or

                     (c)  a State pay equity order (Western Australia).

Social, Community and Disability Services Industry Equal Remuneration Order means the order:

                     (a)  made by Fair Work Australia under section 302 of the Fair Work Act 2009 on 22 June 2012; and

                     (b)  titled “Social, Community and Disability Services Industry Equal Remuneration Order 2012”.

State pay equity order (Western Australia) means:

                     (a)  the order made by the Western Australian Industrial Relations Commission on 29 August 2013 (2013 WAIRC 00776) varying the Social and Community Services (Western Australia) Interim Award 2011; or

                     (b)  the order made by the Western Australian Industrial Relations Commission on 29 August 2013 (2013 WAIRC 00775) varying the Crisis Assistance, Supported Housing Industry – Western Australian Interim Award 2011.

transitional pay equity order (Queensland) means:

                     (a)  the order that, under subitem 43(1) of Schedule 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, is taken to have been made by Fair Work Australia under item 43 of that Schedule on 27 March 2011; or

                     (b)  the order that, under subitem 30A(1) of Schedule 3A to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, is taken to have been made by Fair Work Australia under item 30A of that Schedule on 1 January 2010.

             (2)  For the purposes of this Act, the order referred to in paragraph (b) of the definition of transitional pay equity order (Queensland) in subsection (1) covers, or applies to, an employer only if the Division 2B State award referred to in paragraph 30A(2)(a) of Schedule 3A to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 was derived from the Queensland Community Services and Crisis Assistance Award—State 2008.

Part 2Social and Community Services Pay Equity Special Account

  

5  Social and Community Services Pay Equity Special Account

             (1)  The Social and Community Services Pay Equity Special Account is established by this section.

             (2)  The Account is a special account for the purposes of the Public Governance, Performance and Accountability Act 2013.

6  Credits to the Account

                   On the day mentioned in column 1 of an item in the following table, there is to be credited to the Account the amount mentioned in column 2 of that item:

 

Credits to the Account

Item

Column 1
Day

Column 2
Amount to be credited

1

The day this section commences

$69.4 million

2

1 July 2013

$145.2 million

3

1 July 2014

$198.5 million

3A

The day Schedule 10 to the Social Services and Other Legislation Amendment (2014 Budget Measures No. 6) Act 2014 commences

$5.9 million

4

1 July 2015

$261.6 million

5

1 July 2016

$319.9 million

6

1 July 2017

$381.8 million

7

1 July 2018

$447.2 million

8

1 July 2019

$509.9 million

9

1 July 2020

$576.5 million

7  Purposes of the Account

             (1)  This section sets out the 2 purposes of the Account.

Note:          See section 80 of the Public Governance, Performance and Accountability Act 2013 (which deals with special accounts).

             (2)  A purpose of the Account is to assist employers:

                     (a)  who are covered by a pay equity order or to whom a pay equity order applies; and

                     (b)  who are receiving funding, directly or indirectly, from the Commonwealth for the purposes of a program specified in an item in Part 1 or 2 of Schedule 1 (including that Schedule as modified by an instrument under subsection (4));

to meet the costs of payments required to be made by the employers as a result of the order.

             (3)  If:

                     (a)  employers are receiving, from the Commonwealth, fees for services; and

                     (b)  the services are provided for the purposes of a program specified in an item in Part 1 or 2 of Schedule 2 (including that Schedule as modified by an instrument under subsection (4));

then a purpose of the Account is to pay some or all of any increase in those fees paid to those employers, to the extent that the increase relates to one or more pay equity orders.

Instrument modifying Schedule 1 or 2

             (4)  The Minister may, by written instrument, modify Schedule 1 or 2 in one or more of the following ways:

                     (a)  adding an item that specifies a program;

                     (b)  omitting an item that specifies a program;

                     (c)  omitting and substituting an item that specifies a program;

                     (d)  varying an item that specifies a program.

             (5)  An instrument made under subsection (4) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.

Note:          See section 9 for disallowance of an instrument made under subsection (4).

8  COAG Reform Fund

             (1)  The Minister may, by writing, direct that a specified amount is to be:

                     (a)  debited from the Account; and

                     (b)  credited to the COAG Reform Fund;

on a specified day.

             (2)  The direction must be expressed to be given in order to enable the specified amount to be debited from the COAG Reform Fund for the purpose of making a specified grant of financial assistance to a State or Territory.

             (3)  A grant specified under subsection (2) must be a grant of financial assistance in relation to assisting employers:

                     (a)  who are covered by a pay equity order or to whom a pay equity order applies; and

                     (b)  who are receiving funding from a State or Territory because of another grant of financial assistance:

                              (i)  that is to the State or Territory and that is made under an agreement specified in an item in Part 1 of Schedule 3 (including that Schedule as modified by an instrument under subsection (7)); or

                             (ii)  that is to the State or Territory under Part 3 of the Federal Financial Relations Act 2009 and that is a payment specified in an item in Part 2 of Schedule 3 (including that Schedule as modified by an instrument under subsection (7));

to meet the costs of payments required to be made by the employers as a result of the order.

             (4)  Two or more directions under subsection (1) may be set out in the same document.

Debit from the COAG Reform Fund

             (5)  The Treasurer must ensure that, as soon as practicable after an amount is credited to the COAG Reform Fund under subsection (1), in relation to making a grant of financial assistance specified under subsection (2) to a State or Territory, the COAG Reform Fund is debited for the purposes of making that grant.

Direction is not a legislative instrument

             (6)  A direction under subsection (1) is not a legislative instrument.

Instrument modifying Schedule 3

             (7)  The Minister may, by written instrument, modify Schedule 3 in one or more of the following ways:

                     (a)  adding an item that specifies an agreement or payment;

                     (b)  omitting an item that specifies an agreement or payment;

                     (c)  omitting and substituting an item that specifies an agreement or payment;

                     (d)  varying an item that specifies an agreement or payment.

             (8)  An instrument made under subsection (7) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.

Note:          See section 9 for disallowance of an instrument made under subsection (7).

Part 3Other matters

  

9  Disallowance of instruments

Scope

             (1)  This section applies to an instrument under subsection 7(4) or 8(7).

Disallowance

             (2)  Either House of Parliament may, following a motion on notice, pass a resolution disallowing the instrument. To be effective, the resolution must be passed within 5 sitting days of the House after the copy of the instrument was tabled in the House under section 38 of the Legislation Act 2003.

             (3)  If neither House passes such a resolution, the instrument takes effect on the day immediately after the last day on which such a resolution could have been passed.

             (4)  If a House of Parliament passes a resolution under subsection (2) disallowing an instrument made under subsection 7(4) or 8(7), this Act does not prevent the Minister from making another instrument under subsection 7(4) or 8(7).

10  Sunset provision

                   This Act ceases to have effect on 30 June 2021.


Schedule 1Programs

Note:       See subsection 7(2).

Part 1Programs in Schedule 1AA to the Financial Framework (Supplementary Powers) Regulations 1997

Note:       The item numbers in this Part correspond to the item numbers in Schedule 1AA to those regulations.

 

402.001

Justice Services

402.005

Payments for the provision of community legal services

402.008

Family Relationships Services Program

402.009

Payments under the Indigenous Justice Program

402.010

Payments for the provision of Family Violence Prevention Legal Services for Indigenous Australia

407.034

Youth Attainment and Transitions National Partnership

410.001

Family Support

410.002

Housing Assistance and Homelessness Prevention

410.004

Financial Management

410.005

Community Investment

410.009

Targeted Community Care

410.011

Services and Support for People with Disability

410.012

Support for Carers

410.015

Gender Equality for Women

415.003

Drug strategy

415.017

Home support

415.034

Mental health

417.002

Grants for community settlement services

420.001

Domestic Policy

Part 2Other programs

 

1

Programs referred to in paragraph 142A(1)(b) of the Aboriginal and Torres Strait Islander Act 2005

Schedule 2Programs

Note:       See subsection 7(3).

Part 1Programs in Schedule 1AA to the Financial Framework (Supplementary Powers) Regulations 1997

Note:       The item numbers in this Part correspond to the item numbers in Schedule 1AA to those regulations.

 

417.003

Humanitarian settlement services

417.005

Supervision and welfare for unaccompanied humanitarian minors

417.012

Payments to the Australian Red Cross Society for the Asylum Seeker Assistance Scheme

417.016

Compliance Resolution, Community Care and Assistance

417.017

Onshore Detention Network—Community and Detention Services

430.007

Joint Venture Day Clubs

Part 2Other programs

 

1

Medical and Other Treatment Services provided under Part V of the Veterans’ Entitlements Act 1986

2

Treatment and Other Services provided under Chapter 6 of the Military Rehabilitation and Compensation Act 2004

3

Treatment and Other Services provided under Part 2 of the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006

Schedule 3Grants of financial assistance

Note:       See subsection 8(3).

Part 1Agreements

 

1

National Partnership Agreement Supporting National Mental Health Reform

2

National Partnership Agreement on Transitioning Responsibilities for Aged Care and Disability Services

3

National Partnership Agreement on Homelessness

4

National Partnership Agreement on Health Services, Implementation Plan for the National Perinatal Depression Initiative

5

Review Agreement in relation to the provision of financial assistance by the Commonwealth of Australia to Victoria for The Home and Community Care Program

6

Review Agreement in relation to the provision of financial assistance by the Commonwealth of Australia to Western Australia for The Home and Community Care Program

Part 2Payments

 

1

National Affordable Housing Specific Purpose Payment

2

National Disability Specific Purpose Payment


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Social and Community Services Pay Equity Special Account Act 2012

150, 2012

8 Nov 2012

8 Nov 2012 (s 2)

 

Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014

62, 2014

30 June 2014

Sch 12 (items 133–136) and Sch 14: 1 July 2014 (s 2(1) items 6, 14)

Sch 14

as amended by

 

 

 

 

Public Governance and Resources Legislation Amendment Act (No. 1) 2015

36, 2015

13 Apr 2015

Sch 2 (items 79) and Sch 7: 14 Apr 2015 (s 2)

Sch 7

as amended by

 

 

 

 

Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015

126, 2015

10 Sept 2015

Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2)

Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015

126, 2015

10 Sept 2015

Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2)

Social Services and Other Legislation Amendment (2014 Budget Measures No. 6) Act 2014

122, 2014

26 Nov 2014

Sch 10: 26 Nov 2014 (s 2(1) item 9)

Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015

126, 2015

10 Sept 2015

Sch 1 (item 522): 5 Mar 2016 (s 2(1) item 2)

Veterans’ Affairs Legislation Amendment (Budget Measures) Act 2017

59, 2017

22 June 2017

Sch 1 (item 40): 1 July 2017 (s 2(1) item 4)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

s 4........................................

am No 122, 2014

Part 2

 

s 5........................................

am No 62, 2014

s 6........................................

am No 122, 2014

s 7........................................

am No 62, 2014; No 126, 2015

s 8........................................

am No 126, 2015

Part 3

 

s 9........................................

am No 126, 2015

Schedule 1

 

Part 1

 

Part 1 heading......................

am No 62 and 122, 2014

Part 1...................................

am No 122, 2014

Part 2

 

Part 2...................................

am No 122, 2014

Schedule 2

 

Part 1 heading......................

am No 62 and 122, 2014

Part 1...................................

am No 122, 2014

Part 2

 

Part 2...................................

am No 122, 2014; No 59, 2017