Commonwealth Numbered Acts

SOCIAL SECURITY AND VETERANS' AFFAIRS LEGISLATION AMENDMENT ACT (No. 4) 1989 No. 164, 1989 - SECT 58

58. After section 116A of the Principal Act the following section is inserted:
Work test not required to be satisfied by certain older persons in full-time
training or voluntary work or in substantial part-time work

"116B. (1) In this section:
'approved full-time training course' means a course in relation to which an
approval under subsection (2) is in force;
'approved organisation' means an organisation in relation to which an approval
under subsection (2) is in force;
'average male full-time weekly earnings', in relation to employment undertaken
during a calendar year, means the amount set out under the headings
'males-full-time adults-average weekly ordinary time earnings' in the document
entitled 'Average Weekly Earnings, Australia, Preliminary' published by the
Australian Statistician most recently before 1 January in that calendar year;
'excepted day', in relation to a person, means a day in respect of which,
because of subsection (3) or (5), the person is not required to satisfy the
Secretary of either of the matters set out in subparagraphs 116 (1) (c) (i)
and (ii);
'qualified beneficiary' means a person who is in receipt of:

   (a)  unemployment benefit; or

   (b)  sickness benefit; or

   (c)  special benefit; or

   (d)  sole parent's pension; or

   (e)  payments as a trainee in full-time training under a program included
        in the programs known as Labour Force Programs;
'year' means a calendar year.

"(2) The National Director of the Commonwealth Employment Service may, for the
purposes of this section, by writing:

   (a)  approve full-time training courses of up to 13 weeks duration, being
        courses considered by the National Director to be vocationally useful;
        and

   (b)  approve organisations that offer persons full-time voluntary work,
        being organisations that the National Director considers provide
        vocationally useful voluntary work.

"(3) Where:

   (a)  a person who has turned 55 is, on a day during a relevant period for
        the purposes of subsection 116 (1), engaged in an approved full-time
        training course; and

   (b)  the person started the course on or after 1 January 1990; and

   (c)  the person had been a qualified beneficiary for a continuous period of
        at least 12 months immediately before he or she started the course;
        then, subject to subsection (4), the person is not required to satisfy
        the Secretary of either of the matters set out in subparagraphs 116
        (1) (c) (i) and (ii) in respect of that day.

"(4) Subsection (3) does not apply in relation to a day in a year in relation
to a person if:

   (a)  there are already 130 days in the year that are excepted days in
        relation to the person; or

   (b)  having regard to opportunities, or possible opportunities, for
        employment that became available to the person on or before the day,
        the Secretary considers that subsection (3) should not apply in
        relation to the day.

"(5) Where:

   (a)  a person who has turned 55 is, on a day during a relevant period for
        the purposes of subsection 116 (1), engaged in full-time voluntary
        work with an approved organisation; and

   (b)  the person started working for the organisation on or after 1 January
        1990; and

   (c)  the person had been a qualified beneficiary for a continuous period of
        at least 12 months immediately before he or she stared working for the
        organisation; then, subject to subsection (6), the person is not
        required to satisfy the Secretary of either of the matters set out in
        subparagraphs 116 (1) (c) (i) and (ii) in respect of that day.

"(6) Subsection (5) does not apply in relation to a day in a year in relation
to a person if:

   (a)  there are already 130 days in the year that are excepted days in
        relation to the person; or

   (b)  there are already 65 consecutive working days in the year that are
        excepted days in relation to the person because of the person's work
        for that organisation; or

   (c)  having regard to opportunities, or possible opportunities, for
        employment that became available to the person on or before the day,
        the Secretary considers that subsection (5) should not apply in
        relation to the day.

"(7) Where a person who has turned 55:

   (a)  is in receipt of unemployment benefit; and

   (b)  on or after 1 January 1990, commences in employment in respect of
        which he or she earns at least 35% of average male full-time weekly
        earnings; and

   (c)  has been a qualified beneficiary for a continuous period of at least
        12 months immediately before commencing that employment; the person is
        to be taken to have satisfied the Secretary of all the matters set out
        in subparagraphs 116 (1)(c) (i) and (ii) in respect of any period
        while the person remains in that employment.

"(8) A decision of the National Director of the Commonwealth Employment
Service for the purposes of this section in relation to the approval of
training courses or organisations is not a decision of an officer for the
purposes of Part XIX.". Commencement: 1 January 1990