Federal Register of Legislation - Australian Government

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Determinations/Social Security as amended, taking into account amendments up to Social Security (Streamlined Participation Requirements) Instrument 2022
Administered by: Employment and Workplace Relations
Registered 03 Jun 2022
Start Date 08 Apr 2022
Table of contents.

 

Commonwealth Coat of Arms

Social Security (Administration) (Job Search Efforts) Determination 2018

made under subsection 42AC(3) of the

Social Security (Administration) Act 1999

Compilation No. 1

Compilation date:                              8 April 2022

Includes amendments up to:            F2022L00561

About this compilation

 

This compilation

This is a compilation of the Social Security (Administration) (Job Search Efforts) Determination 2018 that shows the text of the law as amended and in force on 8 April 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.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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  Name........................................................................................................................................ 1

3  Authority.................................................................................................................................. 1

4  Definitions................................................................................................................................ 1

5  Working out whether a person has undertaken adequate job search efforts.............................. 1

Endnotes                                                                                                                        3

Endnote 1—About the endnotes                                                                              3

Endnote 2—Abbreviation key                                                                                 4

Endnote 3—Legislation history                                                                              5

Endnote 4—Amendment history                                                                             6

 

 


1  Name

                   This instrument is the Social Security (Administration) (Job Search Efforts) Determination 2018.

3  Authority

                   This instrument is made under subsection 42AC(3) of the Act.

4  Definitions

                   In this instrument:

Act means the Social Security (Administration) Act 1999.

contact includes:

                     (a)  contact by telephone, in writing, or in person;

                     (b)  submitting a written or online application;

                     (c)  acting on a referral to a job; or                       

                     (d)  attending an interview.

job search effort: a person undertakes a job search effort if the person makes contact with another person or a body in relation to, and for the purpose of, obtaining paid work with that other person or the body:

                     (a)  whether or not the contact is in relation to particular paid work; and

                     (b)  whether or not the other person or the body has advertised any paid work.

suitable: particular paid work is suitable to be done by a person if the paid work is not unsuitable to be done by the person.

Note:          Section 40X of the Act sets out when particular paid work is unsuitable to be done by a person.

5  Working out whether a person has undertaken adequate job search efforts

             (1)  For the purposes of subsection 42AC(2) of the Act, the question of whether, under paragraph 42AC(1)(e) of the Act, a person has undertaken adequate job search efforts in relation to a particular period, is to be worked out in accordance with this section.

Adequate quality of job search efforts

             (2)  To work out whether a person has undertaken adequate job search efforts in relation to a period, the Secretary must take into account whether the person has undertaken job search efforts:

                     (a)  in relation to jobs at a variety of levels of seniority or remuneration that are suitable work for the person;        

                     (b)  in relation to jobs in a variety of fields and occupations, including fields and occupations other than those in which the person has qualifications or experience, if that work is suitable work for the person; and

                     (c)  using a variety of methods to make contact with another person or a body in relation to, and for the purpose of, obtaining paid work with that other person or the body.

Note:          The matters in subsection (2) are matters the Secretary must take into account when working out if a person has undertaken adequate job search efforts in a period. They are not criteria the person must meet in every period.

Adequate quantity of job search efforts

             (3)  To work out whether a person has undertaken adequate job search efforts in relation to a period, the Secretary must take into account the number of job search efforts the person has undertaken in that period, and whether those job search efforts meet the number of job search efforts specified in the person’s employment pathway plan.

             (4)  For the purposes of subsection (3), when the Secretary is calculating the number of job search efforts the person has undertaken in relation to a period:

                     (a)  if a person contacts another person or body in relation to a particular job on more than one occasion during the period, only the first instance of making contact with the other person or body in relation to that job may be counted as a job search effort for that period;

                     (b)  if a person contacts another person or body otherwise than in relation to a particular job on more than one occasion during the period, only the first instance of making contact with the other person or body otherwise than in relation to a particular job during the period may be counted as a job search effort for that period; and

                     (c)  to avoid doubt, if a person contacts another person or body in relation to more than one particular job during the period, the first instance of making contact with the other person or body in relation to each particular job during the period may be counted as a separate job search effort for that period.

             (5)  To avoid doubt, subsections (1) through (4) do not limit the matters that the Secretary may take into account to work out whether a person has undertaken adequate job search efforts in relation to a period.

 

 


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.

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

 

o = order(s)

ad = added or inserted

Ord = Ordinance

am = amended

orig = original

amdt = amendment

par = paragraph(s)/subparagraph(s)

c = clause(s)

    /sub‑subparagraph(s)

C[x] = Compilation No. x

pres = present

Ch = Chapter(s)

prev = previous

def = definition(s)

(prev…) = previously

Dict = Dictionary

Pt = Part(s)

disallowed = disallowed by Parliament

r = regulation(s)/rule(s)

Div = Division(s)

 

exp = expires/expired or ceases/ceased to have

reloc = relocated

    effect

renum = renumbered

F = Federal Register of Legislation

rep = repealed

gaz = gazette

rs = repealed and substituted

LA = Legislation Act 2003

s = section(s)/subsection(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

(md) = misdescribed amendment can be given

Sdiv = Subdivision(s)

    effect

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

    cannot be given effect

Sub‑Ch = Sub‑Chapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

 

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Social Security (Administration) (Job Search Efforts) Determination 2018

15 June 2018

(F2018L00776)

1 July 2018 (s 2(1) item 1)

Social Security (Streamlined Participation Requirements) Instrument 2022

7 April 2022

(F2022L00561)

8 April 2022 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2…………………………………

rep LA s 48D

s 4…………………………………

am F2022L00561

s 5…………………………………

am F2022L00561