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Business Services Wage Assessment Tool Payment Scheme Bill 2014

Part 1 Preliminary

   

1   Short title

                   This Act may be cited as the Business Services Wage Assessment Tool Payment Scheme Act 2014 .

2   Commencement

                   This Act commences on the day after this Act receives the Royal Assent.

3   Simplified outline of this Act

This Act establishes the BSWAT payment scheme, which is a scheme for making payments in relation to use of the Business Services Wage Assessment Tool.

A person must make an application before 1 December 2015 if the person wants a payment under the BSWAT payment scheme. Applications can only be made on or after 1 May 2015 by persons already registered for the scheme.

The Secretary must determine an application, by making an offer to make a payment to the person (if satisfied the person is eligible for the scheme), or by refusing the application (if satisfied the person is not eligible, or if the payment amount is nil).

A person who is not satisfied with the Secretary’s determination may request a review of it, and this might result in a change to the determination and a new offer or refusal.

A person may accept an offer made to the person, or not, as the person wishes.

If the person accepts the offer:

       (a)     the Secretary will make the payment to the person; and

      (b)     by force of this Act, the person will cease to have certain legal rights.

If the person does not accept the offer, the Secretary will not make the payment to the person and the legal rights that would cease on acceptance continue unchanged.

Offers will be made before 1 September 2016. While there might be some new offers after this date arising from reviews, all acceptances must be lodged by 31 December 2016.

Nominees appointed by the Secretary, at the request of a person or on the Secretary’s own initiative, may act for a person in relation to the scheme.

4   Definitions

                   In this Act:

acceptance period has the meaning given by paragraph 19(2)(e).

actual wage has the meaning given by subsection 8(5).

alternative amount : there is an alternative amount for a person if:

                     (a)  the person has accepted an amount of money, otherwise than under this Act, in settlement of a claim made in relation to a matter referred to in subsection 10(2); or

                     (b)  an amount of money is payable to the person in accordance with a court order that is in effect in connection with a claim made in relation to a matter referred to in subsection 10(2).

approved form means a form approved under section 101.

Australian Disability Enterprise : an organisation is an Australian Disability Enterprise in respect of a day if:

                     (a)  the organisation received funding in respect of the day under the program known as the Disability Employment Assistance Program, for the purposes of providing employment support to persons with disability; and

                     (b)  the funding was under the Disability Services Act 1986 .

BSWAT means the Business Services Wage Assessment Tool referred to in subparagraph 14.4(b)(ii) of the Supported Employment Services Award 2010 as in force on 1 January 2010, or any earlier version of that Tool.

BSWAT assessment means an assessment conducted using the BSWAT.

BSWAT payment scheme means the scheme established by this Act.

centrelink program has the same meaning as in the Human Services (Centrelink) Act 1997 .

effective acceptance has the meaning given by section 38.

eligible day has the meaning given by subsection 6(2).

external reviewer has the meaning given by subsection 27(1).

Federal Court means the Federal Court of Australia.

finally determined has the meaning given by subsection 18(3).

financial counsellor has the meaning given by subsection 37(2).

financial institution has the meaning given by subsection 88(5).

group member has the same meaning as in Part IVA of the Federal Court of Australia Act 1976 .

intellectual impairment has the meaning given by section 7.

legal practitioner means a person who:

                     (a)  is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or Territory; and

                     (b)  holds a practising certificate (however described).

medicare program has the same meaning as in the Human Services (Medicare) Act 1973 .

nominee means a person appointed as a nominee of a participant under section 50.

officer means an APS employee in the Department.

participant has the meaning given by section 43.

payment amount has the meaning given by subsection 8(1).

productivity-scored wage has the meaning given by subsection 8(5).

protected information means information about a person:

                     (a)  that was obtained for the purposes of this Act; and

                     (b)  that is or was held in the records of the Department.

register means the register established for the purposes of section 13.

relevant representative proceeding has the meaning given by subsection 9(4).

representative party has the same meaning as in Part IVA of the Federal Court of Australia Act 1976 .

representative proceeding has the same meaning as in Part IVA of the Federal Court of Australia Act 1976 .

rules means the rules made under section 102.

Secretary means the Secretary of the Department.