Commonwealth Numbered Acts

EMPLOYMENT SERVICES ACT 1994 No. 176 of 1994 - SECT 45

Persons to whom this section applies
45.(1) This section applies to a person who is a participant in the case
management system throughout a particular period (the "participation period").

Case management period

(2) For the purposes of this section, the person's case management period is
the period:

   (a)  beginning on the first occasion during the participation period when a
        decision under Part 4.3 referring the person to a case manager took
        effect; and

   (b)  ending at the end of the participation period.

Job Search Activity Agreement and Newstart Activity Agreement superseded

(3) If:

   (a)  the person was a party to a Job Search Activity Agreement or a
        Newstart Activity Agreement that was in force immediately before the
        beginning of the person's case management period; and

   (b)  the person enters into a Case Management Activity Agreement with a
        case manager; the Job Search Activity Agreement or the Newstart
        Activity Agreement, as the case requires, ceases to be in force
        immediately before the Case Management Activity Agreement comes into
        force.

Participant not to be required to enter into a Job Search Activity Agreement
or a Newstart Activity Agreement

(4) The person is not to be required to enter into a Job Search Activity
Agreement or a Newstart Activity Agreement during the person's case management
period.

Qualification for job search allowance or newstart allowance

(5) The person is not qualified for a job search allowance or a newstart
allowance in respect of a period unless (in addition to meeting any other
requirements set out in the Social Security Act 1991):

   (a)  when the person is required under section 38 to enter into a Case
        Management Activity Agreement in relation to the period, the person
        enters into that agreement; and

   (b)  while the agreement is in force, the person satisfies the Employment
        Secretary that the person is taking reasonable steps to comply with
        the terms of the agreement; and

   (c)  at all times during the period when the person is a party to the
        agreement, the person is prepared to enter into another such agreement
        instead of the existing agreement if required to do so under
        section 38.

Compliance with Case Management Activity Agreement

(6) For the purposes of paragraph (5)(b), a person is taking reasonable steps
to comply with the terms of a Case Management Activity Agreement unless the
person has failed to comply with the terms of the agreement and:

   (a)  the main reason for failing to comply involved a matter that was
        within the person's control; or

   (b)  the circumstances that prevented the person from complying were
        reasonably foreseeable by the person.

Modification of power to treat person as unemployed for the purposes of the
Social Security Act 1991

(7) During the person's case management period, sections 516 and 595 of the
Social Security Act 1991 have effect, in relation to the person, as if a
reference in those sections to a Job Search Activity Agreement or a Newstart
Activity Agreement were a reference to a Case Management Activity Agreement.

Modification of activity test requirements under the Social Security Act 1991

(8) During the person's case management period, sections 522 and 601 of the
Social Security Act 1991 have effect, in relation to the person, as if a
reference in those sections to:

   (a)  a Job Search Activity Agreement between the CES and the person; or

   (b)  a Newstart Activity Agreement between the CES and the person; were a
        reference to a Case Management Activity Agreement between a case
        manager and the person.

Modification of rules in the Social Security Act 1991 relating to failure to
enter into, or to comply with, agreements

(9) During the person's case management period, sections 542A, 542B, 608, 625
and 626 of the Social Security Act 1991 have effect, in relation to the
person, as if a reference in those sections to a Job Search Activity Agreement
or a Newstart Activity Agreement were a reference to a Case Management
Activity Agreement.

Modification of rules in the Social Security Act 1991 relating to enrolment in
a full-time course of education etc.

(10) During the person's case management period, section 613 of the Social 
Security Act 1991 has effect, in relation to the person, as if a reference in
that section to a Newstart Activity Agreement were a reference to a Case
Management Activity Agreement.

This section has effect despite the Social Security Act 1991

(11) This section has effect despite anything contained in the Social 
Security Act 1991 .

Definitions

(12) In this section:

"case management period" has the meaning given by subsection (2);

"Job Search Activity Agreement" has the same meaning as in the Social 
Security Act 1991 ;

"job search allowance" has the same meaning as in the Social Security Act 
1991 ;

"newstart allowance" has the same meaning as in the Social Security Act  1991
;

"Newstart Activity Agreement" has the same meaning as in the Social Security 
Act 1991 ;

"participation period" has the meaning given by subsection (1).