Federal Register of Legislation - Australian Government

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Determinations/Social Security as made
The Purpose of this Determination is to set out requirements that cannot be contained in an Activity Agreement. The Determination is relevant for full-time students in receipt of youth allowance.
Administered by: Education, Employment and Workplace Relations
Registered 08 Feb 2006
Tabling HistoryDate
Tabled HR09-Feb-2006
Tabled Senate09-Feb-2006
Date of repeal 01 Jul 2009
Repealed by Social Security (Employment Pathway Plan Requirements) (DEEWR) Determination 2009 (No. 1)

I, LISA MARIAN PAUL, Secretary of the Department of Education, Science and Training, make this Determination under subsection 544B(1B) of the Social Security Act 1991.

Dated               6          February          2006

Signed

Lisa Paul

Secretary of the Department of Education, Science and Training


 

1              Name of Determination

                This Determination is the Social Security (Activity Agreement Requirements) (DEST) Determination 2006.

2              Commencement

                This Determination commences on 1 July 2006.

3              Definitions

                In this Determination:

Act means the Social Security Act 1991.

Note   Other words and phrases used in this Determination that are defined in the Act have the meaning given by the Act.

4              Kinds of requirements that agreement must not contain

         (1)   For subsection 544B(1B) of the Act, this section applies in relation to a Youth Allowance Activity Agreement under section 544A of the Act.

         (2)   The agreement must not contain a requirement of any of the following kinds:

                (a)    a requirement on a person:

                          (i)    to seek to be involved in, or to participate, or otherwise to be involved in, an illegal activity; or

                         (ii)    to involuntarily undergo psychiatric or psychological treatment; or

                         (iii)    to involuntarily undergo medical treatment; or

                        (iv)    to seek to be involved in, or to undertake, an activity outside of Australia; or

                         (v)    to seek work as a sex worker or to participate, or otherwise be involved, in the sex or adult entertainment industry;

               (b)    a requirement on a person to undertake, or to seek to undertake, an activity of a kind 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)    for a person who has an illness, disability or injury that has been established by medical evidence — a requirement to undertake, or to seek to undertake, an activity:

                          (i)    that medical evidence indicates would aggravate the illness, disability or injury; or

                         (ii)    that, the Secretary considers does not provide appropriate support or facilities to take account of the illness, disability or injury.