Federal Register of Legislation - Australian Government

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Determinations/Other as made
This Determination sets out requirements that cannot be contained in an Employment Pathway Plan (EPP).
Administered by: Employment
Registered 12 May 2009
Tabling HistoryDate
Tabled HR13-May-2009
Tabled Senate13-May-2009
Date of repeal 01 Jan 2016
Repealed by Social Security (Employment Pathway Plan Requirements) Determination 2015

I, LISA MARIAN PAUL, Secretary of the Department of Education, Employment and Workplace Relations, make this determination under subsections 501A (4), 544B (1B) and 606 (1B) of the Social Security Act 1991.


Dated          10th May                    2009

 

 

 

LISA PAUL
Secretary of the Department of Education, Employment and Workplace Relations


1              Name of determination

                This determination is the Social Security (Employment Pathway Plan Requirements) (DEEWR) Determination 2009 (No. 1).

2              Commencement

                This determination commences on 1 July 2009.

3              Revocation

                The following instruments are revoked:

                (a)    the Social Security (Activity Agreement Requirements) (DEST) Determination 2006;

               (b)    the Social Security (Activity Agreement Requirements) (DEWR) Determination 2006.

4              Definitions

                In this determination:

Act means the Social Security Act 1991.

employment pathway plan means a Parenting Payment Employment Pathway Plan, a Youth Allowance Employment Pathway Plan or a Newstart Employment Pathway Plan.

5              Kinds of requirements that employment pathway plans must not contain

         (1)   For subsections 501A (3), 544B (1A) and 606 (1A) of the Act, the following are the kinds of requirements that an employment pathway plan must not contain:

                (a)    a requirement:

                          (i)    to seek to be involved in, to participate or otherwise to be involved in a criminal activity; or

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

                         (iii)    to undergo involuntary medical treatment; or

                        (iv)    for a person residing in Australia — to seek to be involved in, or to undertake, an activity outside 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 to undertake, or to seek to undertake, an unlawful activity, including 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)    for a person who has an illness (including psychological impairment or mental 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)    in circumstances where the Secretary considers that appropriate support or facilities to manage or take account of the illness, disability or injury would not be available.