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Act No. 123 of 2021 as amended
An Act to amend the law relating to social security, and for related purposes
Administered by: Prime Minister and Cabinet; Prime Minister and Cabinet
General Comments: This compilation only includes an editorial change.

This compilation was replaced on 9 June 2022 to update commencement details.
Registered 25 May 2022
Start Date 25 May 2022
Table of contents.

Commonwealth Coat of Arms of Australia

Social Security Legislation Amendment (Remote Engagement Program) Act 2021

No. 123, 2021

Compilation No. 1

Compilation date:                              25 May 2022

Registered:                                         25 May 2022

This compilation only includes an editorial change

About this compilation

This compilation

This is a compilation of the Social Security Legislation Amendment (Remote Engagement Program) Act 2021 that shows the text of the law as amended and in force on 25 May 2022 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

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

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

3............ Schedules............................................................................................ 2

Schedule 1—Amendments                                                                                                3

Part 1—Main amendments relating to remote engagement program payment     3

Social Security Act 1991                                                                                            3

Social Security (Administration) Act 1999                                                             8

Part 2—Contingent amendments relating to remote engagement program payment        10

Social Security Act 1991                                                                                          10

Part 3—Main amendments relating to the end of the CDEP Scheme 12

Age Discrimination Act 2004                                                                                  12

Social Security Act 1991                                                                                          12

Social Security (Administration) Act 1999                                                           16

Part 4—Contingent amendments relating to the end of the CDEP Scheme         18

Social Security Act 1991                                                                                          18

Endnotes                                                                                                                                    19

Endnote 1—About the endnotes                                                                            19

Endnote 2—Abbreviation key                                                                                21

Endnote 3—Legislation history                                                                             22

Endnote 4—Amendment history                                                                           23

Endnote 5—Editorial changes                                                                               24


An Act to amend the law relating to social security, and for related purposes

1  Short title

                   This Act is the Social Security Legislation Amendment (Remote Engagement Program) Act 2021.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day after this Act receives the Royal Assent.

3 December 2021

2.  Schedule 1, Part 1

A single day to be fixed by Proclamation.

However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

2 June 2022

3.  Schedule 1, Part 2

The later of:

(a) immediately after the commencement of the provisions covered by table item 2; and

(b) immediately after the commencement of Schedule 1 to the Social Security Legislation Amendment (Streamlined Participation Requirements and Other Measures) Act 2022.

However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur.

2 June 2022

(paragraph (a) applies)

4.  Schedule 1, Part 3

The day after this Act receives the Royal Assent.

3 December 2021

5.  Schedule 1, Part 4

At the same time as the provisions covered by table item 4.

However, the provisions do not commence at all if Schedule 1 to the Social Security Legislation Amendment (Streamlined Participation Requirements and Other Measures) Act 2022 commences at or before that time.

3 December 2021

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

                   Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Amendments

Part 1Main amendments relating to remote engagement program payment

Social Security Act 1991

1  Subsection 23(1)

Insert:

qualifying remote income support payment: see section 661B.

remote engagement placement, under the remote engagement program, means a part of the program (if any) determined by the Minister under paragraph 661A(2)(b).

remote engagement program means the arrangement (if any) determined by the Minister under paragraph 661A(2)(a).

remote engagement program provider means a person or organisation that is a party to an agreement with the Commonwealth under which the person or organisation receives Commonwealth funding to deliver the remote engagement program.

2  After paragraph 23(4AA)(ad)

Insert:

                    (ae)  Part 2.13 (remote engagement program payment);

3  At the end of subsection 94(1)

Add:

Note 3:       A person receiving disability support pension, and who receives employment services from a remote engagement program provider, may also qualify for a remote engagement program payment: see Part 2.13.

4  At the end of subsection 500(1)

Add:

Note 4:       A person receiving parenting payment, and who receives employment services from a remote engagement program provider, may also qualify for a remote engagement program payment: see Part 2.13.

5  At the end of section 540

Add:

Note 3:       A person receiving youth allowance, and who receives employment services from a remote engagement program provider, may also qualify for a remote engagement program payment: see Part 2.13.

6  At the end of subsection 593(1)

Add:

Note 14:     A person receiving a jobseeker payment, and who receives employment services from a remote engagement program provider, may also qualify for a remote engagement program payment: see Part 2.13.

7  After Part 2.12

Insert:

Part 2.13Remote engagement program payment

Division 1Qualification for and payability of remote engagement program payment

Subdivision AQualification

661A  Qualification for remote engagement program payment

             (1)  A person qualifies for a remote engagement program payment for a period if, throughout the period:

                     (a)  the person is receiving a qualifying remote income support payment; and

                     (b)  the person is receiving employment services from a remote engagement program provider; and

                     (c)  the Secretary is satisfied that the person has agreed to participate, and is participating, in a remote engagement placement for at least 15 hours per week under the remote engagement program; and

                     (d)  the person satisfies the qualification requirements (if any) determined by the Minister under paragraph (2)(c).

Note:          For qualifying remote income support payment see section 661B.

             (2)  The Minister may, by legislative instrument, determine one or more of the following:

                     (a)  an arrangement to be the remote engagement program;

                     (b)  a part of the remote engagement program to be a remote engagement placement under the program;

                     (c)  a qualification requirement for the purposes of paragraph (1)(d).

661B  Definition of qualifying remote income support payment

             (1)  A qualifying remote income support payment is an income support payment:

                     (a)  of a kind set out in column 2 of an item in the following table; and

                     (b)  for which a person qualifies in the circumstances set out in column 3 of the item.

 

Remote engagement program payment—qualifying remote income support payments

Column 1
Item

Column 2
Kind of payment

Column 3
Circumstances

1

Disability support pension

The person qualifies under subsection 94(1) and either:

(a) is required, under paragraph 94(1)(da), to meet participation requirements under section 94A; or

(b) is covered by a participation exemption under section 94C, 94D, 94E or 94F

2

Parenting payment

The person qualifies under subsection 500(1) and either:

(a) is required, under paragraph 500(1)(c) or (ca), to meet participation requirements under section 500A; or

(b) is covered by a participation exemption under Division 3A of Part 2.10

3

Youth allowance

The person qualifies under section 540 and either:

(a) is required, under subparagraph 540(a)(i), to satisfy the activity test under Subdivision B of Division 1 of Part 2.11; or

(b) is covered by an exemption from the activity test under Subdivision C of that Division

However, a person who satisfies the activity test under paragraph 541(1)(a) (those undertaking full‑time study) is not covered

4

Jobseeker payment

The person qualifies under subsection 593(1) or (4) and either:

(a) is required, under subparagraph 593(1)(b)(i), to satisfy the activity test in Subdivision B of Division 1 of Part 2.12; or

(b) is not required to satisfy the activity test under that Subdivision because the person is covered by another provision in that Subdivision or by Subdivision BA of that Division

5

Any other income support payment

The person is in a class of persons determined by the Minister under subsection (2)

 

             (2)  The Minister may, by legislative instrument, determine a class of persons for the purposes of column 3 of item 5 of the table in subsection (1).

Subdivision BPayability

661C  Remote engagement program payment not payable in specified circumstances

             (1)  A remote engagement program payment is not payable to a person in the circumstances (if any) specified by a legislative instrument made under subsection (2).

             (2)  The Minister may, by legislative instrument, specify circumstances in which a remote engagement program payment is not payable to a person.

661D  Time limits on payability of remote engagement program payment

             (1)  A remote engagement program payment is not payable to a person who has received a remote engagement program payment for a continuous period of 104 weeks starting at the start time.

             (2)  A remote engagement program payment is not payable to a person in respect of any period starting on or after 1 July 2024.

Division 2Rate of remote engagement program payment

661E  Remote engagement program payment—determination of rate

             (1)  Subject to subsection (3), the rate of a person’s remote engagement program payment is the rate determined in accordance with a legislative instrument (if any) made under subsection (2).

             (2)  The Minister may, by legislative instrument, determine the rate of payment of a remote engagement program payment.

             (3)  The rate per fortnight of a remote engagement program payment must be:

                     (a)  not less than $100; and

                     (b)  not more than $190.

Division 3Miscellaneous matters

661F  Effect of undertaking activities under the remote engagement program

                   A person is not taken to be any of the following merely because the person undertakes an activity in accordance with a remote engagement placement under the remote engagement program:

                     (a)  a worker carrying out work in any capacity for the Commonwealth, or an employee of the Commonwealth, for the purposes of the Work Health and Safety Act 2011;

                     (b)  an employee within the meaning of section 5 of the Safety, Rehabilitation and Compensation Act 1988;

                     (c)  an employee for the purposes of the Superannuation Guarantee (Administration) Act 1992;

                     (d)  an employee for the purposes of the Fair Work Act 2009.

Social Security (Administration) Act 1999

8  After section 12AF

Insert:

12AG  Remote engagement program payment

                   A claim is not required for a remote engagement program payment.

Part 2Contingent amendments relating to remote engagement program payment

Social Security Act 1991

9  Subsection 661B(1) (table)

Repeal the table, substitute:

 

Remote engagement program payment—qualifying remote income support payments

Column 1

Item

Column 2

Kind of payment

Column 3

Circumstances

1

Disability support pension

The person qualifies under subsection 94(1) and either:

(a) is required, under paragraph 94(1)(da), to meet participation requirements under section 94A; or

(b) is covered by a participation exemption under section 94C, 94D, 94E or 94F

2

Parenting payment

The person qualifies under subsection 500(1) and either:

(a) is covered by paragraph 500(1)(c) and satisfies subsection 500(2A); or

(b) is covered by paragraph 500(1)(ca) and satisfies subsection 500(2B)

3

Youth allowance

The person qualifies under subsection 540(1) and either:

(a) is exempt, under subparagraph 540(1)(a)(ia), from undertaking full‑time study but satisfies the Secretary that the person would otherwise be undertaking full‑time study; or

(b) is covered by subparagraph 540(1)(a)(ib) and satisfies subsection 540(2)

4

Jobseeker payment

The person qualifies under subsection 593(1) or (4)

5

Any other income support payment

The person is in a class of persons determined by the Minister under subsection (2)

 

Part 3Main amendments relating to the end of the CDEP Scheme

Age Discrimination Act 2004

10  Subsection 41(3)

Repeal the subsection.

Social Security Act 1991

11  Subsection 17(1) (subparagraph (m)(ii) of the definition of compensation affected payment)

Omit “applies; or”, substitute “applies.”.

12  Subsection 17(1) (paragraph (n) of the definition of compensation affected payment)

Repeal the paragraph.

13  Subsection 19D(4)

Repeal the subsection.

14  Subsection 23(1)

Repeal the following definitions:

                     (a)  definition of CDEPManager;

                     (b)  definition of CDEP Scheme;

                     (c)  definition of CDEP Scheme participant;

                     (d)  definition of CDEP Scheme payment;

                     (e)  definition of CDEP Scheme provider;

                      (f)  definition of CDEP Scheme quarter;

                     (g)  definition of Northern Territory CDEP transition payment.

15  Subsection 23(1) (paragraph (b) of the definition of social security recipient status)

Omit “veteran payment;”, substitute “veteran payment.”.

16  Subsection 23(1) (definition of social security recipient status)

Omit “and includes status held on or after 20 March 2000 as a CDEP Scheme participant receiving the CDEP Scheme Participant Supplement.”.

17  Subsection 23(1) (definition of transition day)

Repeal the definition.

18  Sections 408CG and 408GI

Repeal the sections.

19  Paragraph 500E(1)(c)

Omit “except where the person is a CDEP Scheme participant in respect of the period,”.

20  Section 500W

Repeal the section.

21  Subdivision C of Division 4 of Part 2.10

Repeal the Subdivision.

22  Subdivision D of Division 9 of Part 2.10

Repeal the Subdivision.

23  Paragraph 546(1)(c)

Omit “except where the person is a CDEP Scheme participant in respect of the period,”.

24  Sections 552C, 559J and 567F

Repeal the sections.

25  Subsection 578(3)

Repeal the subsection.

26  Paragraph 593(1)(a)

Repeal the paragraph (including the note), substitute:

                     (a)  the person satisfies the Secretary that:

                              (i)  throughout the period the person is unemployed; or

                             (ii)  subsection (1A) applies in relation to the person for the period; and

27  Section 598

Omit “subparagraph 593(1)(a)(iii)” (wherever occurring), substitute “subparagraph 593(1)(a)(ii)”.

28  Paragraph 600(1)(c)

Omit “except where the person is a CDEP Scheme participant in respect of the period,”.

29  Sections 614A, 653A, 660LG, 771HK and 771KN

Repeal the sections.

30  Subdivision D of Division 9 of Part 2.15A

Repeal the Subdivision.

31  Subsection 1049(2)

Omit “or a CDEP Scheme Participant Supplement”.

32  Paragraph 1061EM(2)(b)

Repeal the paragraph.

33  Subsection 1061EN(1)

Omit “(1) For”, substitute “For”.

34  Subsections 1061EN(2) and 1061EX(7)

Repeal the subsections.

35  Subsection 1061JU(1)

Omit “Subject to subsection (2), the”, substitute “The”.

36  Subsections 1061JU(2) and (3)

Repeal the subsections.

37  Part 2.27

Repeal the Part.

38  Point 1067G‑A1 (method statement, paragraph (c) of step 14)

Omit “except where the person is a CDEP Scheme participant in respect of the whole or a part of the period for which the rate of allowance is being worked out,”.

39  Point 1067G‑B1

Omit “other than a person who is a CDEP Scheme participant in respect of the whole or a part of the period for which the maximum basic rate is being worked out”.

40  Point 1067G‑B1

Omit “The maximum basic rate of a person who is a CDEP Scheme participant in respect of the whole or a part of the period for which the maximum basic rate is being worked out is nil (see section 552C).”.

41  Point 1068‑A1 (method statement, paragraph (c) of step 7)

Omit “except where the person is a CDEP Scheme participant in respect of the whole or a part of the period for which the rate of benefit is being worked out,”.

42  Point 1068‑B1

Omit “other than a person who is a CDEP Scheme participant in respect of the whole or a part of the period for which the maximum basic rate is being worked out”.

43  Point 1068‑B1

Omit “The maximum basic rate of a person who is a CDEP Scheme participant in respect of the whole or a part of the period for which the maximum basic rate is being worked out is nil (see sections 408CG, 614A, 660YCH and 771HK).”.

44  Points 1068B‑A2 and 1068B‑A3 (method statement, step 7)

Omit “, except where the person is a CDEP Scheme participant in respect of the whole or part of the period for which the rate of payment is being worked out,”.

45  Point 1068B‑C2

Omit “If a person is not a CDEP Scheme participant in respect of the whole or part of the period for which the rate of payment is being worked out, the person’s”, substitute “A person’s”.

46  Point 1068B‑C3

Repeal the point.

47  Subsection 1161(6A)

Omit “, (m) or (n)”, substitute “or (m)”.

48  Paragraph 1161A(1)(a)

Omit “, (m) or (n)”, substitute “or (m)”.

49  Part 3.15A

Repeal the Part.

Social Security (Administration) Act 1999

50  Paragraph 52(1)(k)

Omit “benefit;”, substitute “benefit.”.

51  Paragraph 52(1)(l)

Repeal the paragraph.

52  Section 123TC (paragraph (r) of the definition of category I welfare payment)

Repeal the paragraph.

53  Paragraph 144(daa)

Repeal the paragraph.

54  Subclause 1(1) of Schedule 1 (paragraph (j) of the definition of social security periodic payment)

Repeal the paragraph.

Part 4Contingent amendments relating to the end of the CDEP Scheme

Social Security Act 1991

55  Paragraph 540(a)

Repeal the paragraph, substitute:

                     (a)  throughout the period the person satisfies the activity test (see Subdivision B) or is not required to satisfy the activity test (see Subdivision C); and

56  Paragraph 593(1)(b)

Omit “in the case of a person to whom subparagraph (a)(i) or (iii) applies—”.

57  Paragraph 602D(a)

Omit “subparagraph 593(1)(a)(iii)”, substitute “subparagraph 593(1)(a)(ii)”.


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 how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to 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 Security Legislation Amendment (Remote Engagement Program) Act 2021

123, 2021

2 Dec 2021

Sch 1 (items 1–9): 2 June 2022 (s 2(1) items 2, 3)
Remainder: 3 Dec 2021 (s 2(1) items 1, 4, 5)

 

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2........................................

ed C1

 

Endnote 5—Editorial changes

In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.

Kind of editorial change

Updates to references of a law or a provision

Details of editorial change

This compilation was editorially changed to update references from the Social Security Legislation Amendment (Streamlined Participation Requirements and Other Measures) Act 2021 to the Social Security Legislation Amendment (Streamlined Participation Requirements and Other Measures) Act 2022 (wherever occurring).