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Fair Entitlements Guarantee Act 2012
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Administered by
Department of Employment and Workplace Relations
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C2025C00164 (C05)
21 February 2025
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Part 1—Preliminary
1 Short title
2 Commencement
3 Objects of this Act
4 Simplified outline of this Act
5 Definitions
6 Kinds of employment entitlements
7 Wages
8 This Act binds the Crown
9 Extraterritorial operation
9A Rules may modify application of this Act in Norfolk Island
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Part 2—Eligibility for advance
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Division 1—Conditions of eligibility for advance
Subdivision A—Basic conditions of eligibility
10 Conditions of eligibility for advance
Subdivision B—Exclusions from eligibility
11 Exclusion for personal connection with employer
12 Exclusion for being newly employed after working as contractor
13 Exclusion for employment by certain employers
Division 2—Claim for eligibility for advance
14 Making an effective claim
15 Secretary must decide effective claim
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Part 3—Amount of advance
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Division 1—Working out the amount of an advance
16 General rule for working out the amount of an advance
17 Reduction for the person’s debts to the employer
18 Nil amount if liquidator or bankruptcy trustee can fully pay entitlements soon
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Division 2—Amounts for employment entitlements
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Subdivision A—Working out amounts for employment entitlements
19 Working out amounts for employment entitlements
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Subdivision B—General rules for basic amounts for employment entitlements
20 Basic amount for annual leave entitlement
21 Basic amount for long service leave entitlement
22 Basic amount for payment in lieu of notice entitlement
23 Basic amount for redundancy pay entitlement
24 Basic amount for wages entitlement
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Subdivision C—Special rules for basic amounts for employment entitlements
25 Disregarding recently agreed changes in terms and conditions
26 Applying maximum weekly wage rate—entitlements except wages entitlement
27 Applying maximum weekly wage rate—wages entitlement
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Part 4—Payment of advance
28 Payment to eligible person or intermediary
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Part 5—Recovery of advance
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Division 1—Recovery through winding up or bankruptcy
29 Recovery of advance paid to liquidator
30 Recovery of some amounts of advance paid to bankruptcy trustee
31 Recovery in other circumstances
32 Amounts of advance attributable to particular employment entitlements if advance reduced for debts to employer
33 Recovery of advance for employment for partnership
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Division 2—Recovery from person eligible for advance
34 Recovery from person eligible for advance
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Part 6—Administration
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Division 1—Decision making about advances
35 Presuming accuracy of certain information
36 Giving notice of decisions made under section 15
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Division 2—Review of decisions about advances
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Subdivision A—Internal review on the Secretary’s own initiative
37 Review on the Secretary’s own initiative
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Subdivision B—Internal review on application
38 Application for review by Secretary
39 Action on application for review
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Subdivision C—Review by the Administrative Review Tribunal
40 Application to the Administrative Review Tribunal for review
41 Limit on review of decision on amount of advance
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Division 3—Information management
42 Use and disclosure of personal information by the Department for administering this Act
43 Use and disclosure of personal information by insolvency practitioners and payment intermediaries
44 Use and disclosure of personal information by persons making payments to former employees
45 Disclosure of personal information to certain agencies
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Division 4—Arrangements for information and dealing with payments
46 Arrangements for information and dealing with payments
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Division 5—Delegation
47 Delegation of Secretary’s powers and functions
48 Delegation of Minister’s powers
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Part 7—Miscellaneous
49 Extended operation of this Act in relation to employers in administration under the Corporations Act 2001
50 Schemes for assistance of workers who were not employees
51 Appropriation
52 Recoverable payments
53 Reports about recoverable payments
54 Right to financial assistance may be reduced, cancelled etc. without compensation
55 Regulations
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
