Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
 Download PDFDownload PDF 

Previous Fragment    Next Fragment

EMPLOYMENT SERVICES BILL 1994
EMPLOYMENT SERVICES (CONSEQUENTIAL AMENDMENTS) BILL 1994

Order of the day read for the further consideration of the bills in

committee of the whole.

In the committee

EMPLOYMENT SERVICES BILL 1994--

Consideration resumed of the bill.

Senator Margetts moved the following amendments together by leave:

After clause 41, page 25, insert the following clause:

Case management activity agreements and voluntary work

"41A.(1) A Case Management Activity Agreement must not require a

person to undertake as an activity any participation in voluntary work

unless on each day in the period the person is engaged in full-time

voluntary work with an approved organisation.

(2) Subsection (1) does not apply to a day if, having regard to the

opportunities, or possible opportunities, for employment that become

available to the person on or before the day, the Secretary considers

that subsection (1) would not apply in relation to the day.".

Clause 40, page 23, subclause (5), line 26, omit "paragraph 39(1)(f) or

(g)", substitute "paragraph 39(1)(f), (g) or (j)".

Clause 41, page 25, subclause (5), line 19, omit "paragraph 39(1)(f) or

(g)", substitute "paragraph 39(1)(f), (g) or (j)".

Debate ensued.

Question--That the amendments be agreed to--put.

The committee divided--

AYES, 9

Bell Bourne (Teller) Chamarette Harradine Kernot Lees Margetts Spindler Woodley

NOES, 39

Abetz Baume Boswell Brownhill Burns Calvert Carr Chapman Childs Coates Colston Cooney Crowley Denman Devereux Evans, Christopher Ferguson Foreman Forshaw Herron Jones Kemp Knowles Loosley Macdonald, Ian McGauran McKiernan Murphy Neal Newman O'Chee Panizza (Teller) Reynolds Tambling Tierney Troeth Watson West Zakharov

Question negatived.

Senator Margetts moved the following amendment:

Clause 42, page 26, paragraph (1)(d), line 1, omit the paragraph.

Debate ensued.

Question--That the amendment be agreed to--put and negatived.

Senator Margetts moved the following amendment:

Clause 44, page 27, after subclause (2), insert the following subclause:

"(2A) A person is not to be taken:

(a) to have failed to agree to terms of the agreement proposed by

the case manager within the meaning of subparagraph (2)(a)(iii);

or

(b) to be unreasonably delaying entering into the agreement within

the meaning of subsections (1) and (2);

if the person is continuing, or seeking to continue, to engage in bona

fide negotiation of the terms of the agreement.".

Debate ensued.

Question--That the amendment be agreed to--put.

The committee divided--

AYES, 9

Bell Bourne (Teller) Chamarette Harradine Kernot Lees Margetts Spindler Woodley

NOES, 36

Abetz Alston Baume Boswell Brownhill Burns Carr Childs Coates Colston Cooney Crowley Denman Devereux Evans, Christopher Ferguson Foreman Forshaw Herron Hill Jones Loosley McGauran McKiernan Murphy Neal Newman Panizza (Teller) Reynolds Sherry Tambling Tierney Troeth Watson West Zakharov

Question negatived.

Senator Margetts moved the following amendments together by leave:

Clause 140, page 76, subclause (1), line 32, omit the penalty,

substitute the following subclause:

"(1A) A person or entity who contravenes subsection (1) is deemed:

(a) in the case of a person--to have lost entitlement to a job

search allowance or a newstart allowance and that loss is deemed

to be a reviewable decision within the meaning of section 145;

(b) in the case of an entity--to have lost accreditation and that

loss is deemed to be a reviewable decision, within the meaning

of section 165.".

Clause 141, page 77, line 5, omit the penalty, substitute the following

subclause:

"(2) A person or entity who contravenes subsection (1) is deemed:

(a) in the case of a person--to have lost entitlement to a job

search allowance or a newstart allowance and that loss is deemed

to be a reviewable decision within the meaning of section 145;

(b) in the case of an entity--to have lost accreditation and that

loss is deemed to be a reviewable decision, within the meaning

of section 165.".

Clause 142, page 77, subclause (1), line 11, omit the penalty,

substitute the following subclause:

"(1A) A person or entity who contravenes subsection (1) is deemed:

(a) in the case of a person--to have lost entitlement to a job

search allowance or a newstart allowance and that loss is deemed

to be a reviewable decision within the meaning of section 145;

(b) in the case of an entity--to have lost accreditation and that

loss is deemed to be a reviewable decision, within the meaning

of section 165.".

Debate ensued.

Question--That the amendments be agreed to--put.

The committee divided--

AYES, 9

Bell Bourne (Teller) Chamarette Harradine Kernot Lees Margetts Spindler Woodley

NOES, 33

Abetz Alston Boswell Burns Carr Childs Coates Colston Cooney Denman Devereux Evans, Christopher Ferguson Foreman Forshaw Herron Hill Jones Kemp McGauran McKiernan Murphy Neal Patterson Reid (Teller) Reynolds Sherry Tambling Tierney Troeth Watson West Zakharov

Question negatived.

Senator Bell moved the following amendments together by leave:

Clause 41, page 24, paragraph (1)(b), lines 6 to 13, omit the paragraph,

substitute the following paragraph:

"(b) the Employment Secretary is satisfied that either:

(i) the activity:

(A) will be viable 12 months after the person begins the

activity; and

(B) is likely to provide the person with skills, training or

work experience that will assist the person to obtain paid

employment, being paid employment that will provide the

person with a level of income at least equivalent to the

person's maximum basic rate; or

(ii) where the activity was proposed by the person under

paragraph 39(1)(j) and has a strong element of voluntary,

community-based or artistic work, the activity:

(A) will result in some benefit to the community; and

(B) is likely to be commercially viable 12 months after the

person begins the activity; and

(C) is likely to provide the person with skills, training or

work experience that will assist the person to obtain paid

employment, being paid employment that will provide the

person with a level of income at least equivalent to the

person's maximum basic rate.".

Clause 41, page 25, subclause 5, line 19, omit "or (g)", substitute ",

(g) or (j)".

Clause 41, page 25, after subclause (4), insert the following subclause:

Special circumstances

"(4A) Paragraph (4)(b) does not apply if the requirement to which the

person had previously been subject was to undertake an activity

proposed by the person as referred to in paragraph 39(1)(j).".

Debate ensued.

Question--That the amendments be agreed to--put and negatived.

On the motion of Senator Bell the following amendment was debated and

agreed to:

Clause 41, page 24, paragraph (2)(b), line 25, omit "paid employment"

(twice occurring), substitute "self-employment or paid employment".

Senator Bell moved the following amendment:

Clause 42, page 26, after paragraph (1)(g), insert the following

paragraph:

"(ga) the work is unlikely to result in sustainable long term

employment assuming reasonable diligence on the part of the

employee; or".

Debate ensued.

Question--That the amendment be agreed to--put and negatived.

Senator Bell moved the following amendments together by leave:

Clause 42, page 26, subparagraph (2)(a)(ii), line 22, omit "90",

substitute "45".

Clause 42, page 26, at end of paragraph (2)(b), line 26, add "and the

person is prepared to commute".

Debate ensued.

Question--That the amendments be agreed to--put and negatived.

Senator Bell moved the following amendment:

Clause 44, page 27, subparagraph (2)(a)(iii), lines 28 and 29, omit the

subparagraph, substitute the following subparagraph:

"(iii) reach mutually agreeable and reasonable terms for the

agreement with the case manager; or".

Debate ensued.

Question--That the amendment be agreed to--put and negatived.

Senator Bell moved the following amendments together by leave:

Clause 44, page 27, subclause (2), line 24, omit "The Employment

Secretary", substitute "Subject to subsection (2A), the Employment

Secretary".

Clause 44, page 27, after subclause (2), insert the following subclause:

"(2A) Subparagraph (2)(iii) does not apply until either:

(a) the person, at the request of the Employment Secretary, and

after reasonable notice, attends a meeting with the case manager

and the Employment Secretary and they:

(i) review any proposed agreement; and

(ii) review the reasons for the failure to reach mutually

agreeable and reasonable terms for such an agreement; and

(iii) fail to reach agreement on those or other mutually

agreeable and reasonable terms; or

(b) the person fails to attend the meeting referred to in paragraph

(a).".

Debate ensued.

Question--That the amendments be agreed to--put and negatived.

Senator Bell moved the following amendment:

Clause 58, page 39, at end of subclause (2), add "and must not include

bonus payments of more than 25% of the total fee if the person secures

employment".

Debate ensued.

Question--That the amendment be agreed to--put.

The committee divided--

AYES, 9

Bell Bourne (Teller) Chamarette Harradine Kernot Lees Margetts Spindler Woodley

NOES, 30

Abetz Baume Brownhill Carr Childs Coates Colston Denman Devereux Evans, Christopher Ferguson Foreman Forshaw Hill Jones Loosley McGauran McKiernan Murphy Neal O'Chee Panizza (Teller) Patterson Reid Reynolds Sherry Troeth Watson West Zakharov

Question negatived.

Bill, as amended, agreed to.

EMPLOYMENT SERVICES (CONSEQUENTIAL AMENDMENTS) BILL 1994--

Bill taken as a whole by leave.

Explanatory memorandum: The Parliamentary Secretary to the Minister for

Primary Industries and Energy (Senator Sherry) tabled a supplementary

explanatory memorandum relating to the Government amendments to be moved

to the bill.

On the motion of Senator Sherry the following amendments, taken together

by leave, were agreed to:

Schedule, page 24, item 11, at end of item, add the following note:

"Note: This item amends the second occurring reference to SubdivisionF

in Division 1 of Part 2.12.".

Schedule, page 24, after item 12, insert the following item:

"12A. Section 630C:

Reposition at the beginning of Subdivision G (immediately before

section 631).".

Bill, as amended, further debated.

The Minister for Small Business, Customs and Construction (Senator

Schacht) moved--That the committee report progress and ask leave to sit

again.

Question put and passed.

The Deputy President (Senator Crichton-Browne) resumed the Chair and the

Temporary Chairman of Committees (Senator Colston) reported that the

committee had considered the bills, made progress and asked leave to sit

again.

Ordered, on the motion of Senator Schacht, that the committee have leave

to sit again at a later hour.