Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Schedule 2—Arrangements and grants relating to assisting persons to obtain and maintain paid work

Schedule 2 Arrangements and grants relating to assisting persons to obtain and maintain paid work

   

Social Security Act 1991

1  Subsection 23(1)

Insert:

Employment Minister means the Minister who administers Division 3AA of Part 3 of the Administration Act.

2  After Chapter 2C

Insert:

Chapter 2D Arrangements and grants relating to assisting persons to obtain and maintain paid work

   

   

1062   Simplified outline of this Chapter

The Employment Secretary may, on behalf of the Commonwealth, make, vary or administer an arrangement for the making of payments by the Commonwealth, or make, vary or administer a grant of financial assistance, in relation to various activities aimed at assisting unemployed or other persons to obtain and maintain paid work.

1062A   Arrangements and grants relating to assisting persons to obtain and maintain paid work

             (1)  The Employment Secretary may, on behalf of the Commonwealth, make, vary or administer an arrangement for the making of payments by the Commonwealth, or make, vary or administer a grant of financial assistance, in relation to:

                     (a)  assisting unemployed persons to obtain and maintain paid work; or

                     (b)  assisting other persons to obtain and maintain paid work; or

                     (c)  assisting persons at risk of losing paid work to maintain that paid work or to obtain and maintain other paid work; or

                     (d)  assisting unemployed persons to become self-employed; or

                     (e)  assisting other persons to become self-employed; or

                      (f)  assisting recipients of participation payments (within the meaning of the Administration Act) to meet their mutual obligation requirements; or

                     (g)  the funding of measures designed to reduce discrimination in employment practices and to encourage workforce participation, including in relation to mature aged, young and Indigenous persons, persons with a disability and parents seeking to re-join the workforce; or

                     (h)  the provision of online employment services; or

                      (i)  the funding of projects to create pathways to paid work and to address labour shortages; or

                      (j)  the funding of the activities of employment services providers; or

                     (k)  the provision of wage subsidies or other incentives to employers to employ unemployed persons; or

                      (l)  an activity determined in an instrument under subsection (2); or

                    (m)  a matter that is incidental or ancillary to a matter mentioned in paragraph (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k) or (l).

             (2)  The Employment Minister may, by legislative instrument, determine an activity for the purposes of paragraph (1)(l).

Reimbursement of costs or expenses

             (3)  An arrangement under subsection (1) may provide for the Commonwealth to reimburse, or partly reimburse, costs or expenses.

             (4)  A grant under subsection (1) may be made by way of the reimbursement, or partial reimbursement, of costs or expenses.

             (5)  Subsections (3) and (4) do not limit subsection (1).

Definitions

             (6)  In this section:

arrangement includes a contract, agreement, deed or understanding.

Indigenous person has the same meaning as in the Indigenous Education (Targeted Assistance) Act 2000 .

make , in relation to an arrangement, includes enter into.

1062B   Constitutional limits

                   An arrangement or grant referred to in section 1062A must be with respect to one or more of the following:

                     (a)  the provision of unemployment benefits, or other benefits, allowances, services or endowment, referred to in paragraph 51(xxiiiA) of the Constitution;

                     (b)  implementing any of Australia’s international obligations under the ILO Convention (No. 88) concerning the Organisation of the Employment Service done at San Francisco on 9 July 1948 ([1950] ATS 9), as amended and in force for Australia from time to time;

                     (c)  implementing any of Australia’s international obligations under the ILO Convention (No. 122) concerning Employment Policy done at Geneva on 9 July 1964 ([1970] ATS 17), as amended and in force for Australia from time to time;

                     (d)  implementing any of Australia’s international obligations under the ILO Convention (No. 142) concerning Vocational Guidance and Vocational Training in the Development of Human Resources done at Geneva on 23 June 1975 ([1986] ATS 2), as amended and in force for Australia from time to time;

                     (e)  implementing any of Australia’s international obligations under the International Covenant on Economic, Social and Cultural Rights done at New York on 16 December 1966 ([1976] ATS 5), as amended and in force for Australia from time to time;

                      (f)  implementing any of Australia’s international obligations under the Convention on the Elimination of All Forms of Discrimination Against Women done at New York on 18 December 1979 ([1983] ATS 9), as amended and in force for Australia from time to time;

                     (g)  implementing any of Australia’s international obligations under the Convention on the Rights of the Child done at New York on 20 November 1989 ([1991] ATS 4), as amended and in force for Australia from time to time;

                     (h)  implementing any of Australia’s international obligations under the Convention on the Rights of Persons with Disabilities done at New York on 13 December 2006 ([2008] ATS 12), as amended and in force for Australia from time to time;

                      (i)  the granting of financial assistance to a State or Territory;

                      (j)  a Territory;

                     (k)  people to whom paragraph 51(xxvi) of the Constitution applies;

                      (l)  postal, telegraphic, telephonic or other like services within the meaning of paragraph 51(v) of the Constitution;

                    (m)  aliens within the meaning of paragraph 51(xix) of the Constitution;

                     (n)  the implied power of the Parliament to make laws with respect to nationhood;

                     (o)  matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.

Note:          The text of a Convention or Covenant could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

1062C   Executive power of the Commonwealth

                   This Chapter does not, by implication, limit the executive power of the Commonwealth.

1062D   Inclusion of information in annual report

                   The Employment Secretary, when preparing the Employment Department’s annual report under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period, must include the following information in that report:

                     (a)  the total of the amounts paid in that period under arrangements or grants referred to in section 1062A;

                     (b)  the total number of arrangements and grants referred to in section 1062A that were made in that period.

3  Section 1062

Renumber as section 1062E.

Social Security (Administration) Act 1999

4  Section 242

Before “Payments”, insert “(1)”.

5  At the end of section 242

Add:

             (2)  However, subsection (1) does not apply to a payment of an amount under an arrangement or grant referred to in section 1062A of the 1991 Act.

Note:          Such a payment is to be made out of money appropriated by the Parliament by another Act, which will usually be an Annual Appropriation Act.