Social Security (Administration) Act 1999
Sections and provisions with full text and the judgments that cite each one.
Section 40W — Notification of circumstances preventing or affecting compliance with employment pathway plans
If an employment pathway plan is in force under Subdivision A in relation to a person, the person must notify the Employment Secretary of any circumstances preventing the person from complying, or…
Section 40X — Circumstances in which paid work is unsuitable
(1) For the purposes of the social security law, particular paid work is unsuitable to be done by a person if and only if: (a) the person lacks the particular skills, experience or qualifications…
Section 40Y — Guidelines
The Employment Secretary must, by legislative instrument, determine guidelines about: (a) how a person satisfies the Employment Secretary that the person is willing to actively seek and to accept and…
Section 41 — Commencement
(1) Unless another provision of the social security law provides otherwise, a social security payment becomes payable to a person on the person’s start day in relation to the social security payment.…
Section 42 — Start day
For the purposes of the social security law, a person’s start day in relation to a social security payment or a concession card is the day worked out in accordance with Schedule 2.
Section 42A — Simplified outline of this Division
The Secretary may determine that a declared program participant commits a no show no pay failure, a connection failure, a reconnection failure or a serious failure. A declared program participant…
Section 42AA — Simplified outline of this Division
This Division is about the Secretary taking action to ensure that people (other than declared program participants) meet their obligations in relation to participation payments. The participation…
Section 42NA — Comprehensive compliance assessment
(1) Before the Secretary determines that a person has committed a serious failure under section 42M, the Secretary must conduct a comprehensive compliance assessment in relation to the person. (2)…
Section 42SA — Immediate non-payment of participation payments for certain failures
(1) The Secretary may determine that a participation payment is not payable to a person if: (a) the person fails to participate, on a day, in an activity that the person is required to undertake by…
Section 42UA — Prior notification of excuse
(1) This section applies in relation to the following failures of a person: (a) a failure to participate, on a day, in an activity that the person is required to undertake by an employment pathway…
Section 42YA — Relationship between Subdivisions of this Division
No Subdivision of this Division limits any other Subdivision of this Division.
Section 42AB — Division not to apply to declared program participants
This Division applies in relation to a person if the person is not a declared program participant.
Section 42B — Application of this Division only to declared program participants
This Division applies in relation to a person if the person is a declared program participant.
Section 42SB — Suspension of payments for certain failures
(1) This section applies in relation to a person who: (a) is receiving a participation payment that is a parenting payment; and (b) is someone to whom paragraph 500(1)(ca) of the 1991 Act applies.…
Section 42AC — Mutual obligation failures
(1) A person commits a mutual obligation failure if the person is receiving a participation payment and any of the following applies: (a) the person fails to comply with a requirement that was…
Section 42C — No show no pay failures
(1) The Secretary may determine that a person commits a no show no pay failure on a day if: (a) the person commits any of the following failures: (i) the person fails to participate, on the day, in…
Section 42NC — Determination about serious failure requirements and severe financial hardship
If the Secretary determines that a person commits a serious failure, the Secretary must also determine that this section applies unless the Secretary is satisfied that: (a) the person does not have…
Section 42SC — Non-attendance failures
(1) The Secretary may determine that a person commits a non-attendance failure if the Secretary makes a determination under subsection 42SA(1) because of the person’s failure referred to in paragraph…
Section 42AD — Work refusal failures
(1) A person commits a work refusal failure if: (a) the person is receiving a participation payment; and (aa) in the case where the participation payment is parenting payment—the person is not…
Section 42D — Deducting the penalty amount
If the Secretary determines that a person commits a no show no pay failure, the person’s penalty amount (see section 42T) for the no show no pay failure is to be deducted from the person’s instalment…
Section 42SD — Deduction of penalty amount
If the Secretary determines that a person commits a non-attendance failure, the person’s penalty amount (see section 42T) for the non-attendance failure is to be deducted from the person’s instalment…
Section 42AE — Unemployment failures
(1) A person commits an unemployment failure if: (a) the person is receiving a participation payment; and (aa) in the case where the participation payment is parenting payment—the person is not…
Section 42E — Connection failures
(1) The Secretary may determine that a person commits a connection failure if: (a) the person commits any of the failures mentioned in subsection (2); and (b) the person receives an instalment of a…
Section 42AF — Compliance action for mutual obligation failures
Usual rule (1) If a person commits a mutual obligation failure (the relevant failure), the Secretary may: (a) determine that the person’s participation payment is not payable to the person for a…
Section 42F — Requiring a person to apply for job vacancies
(1) The Secretary may notify a person that the person must apply for a particular number of advertised job vacancies in the period specified in the notice if: (a) the person is required to satisfy…
Section 42AG — Compliance action for work refusal failures
(1) If a person commits a work refusal failure, the Secretary may: (a) determine that the person’s participation payment is not payable to the person for a period (see section 42AL); or (b) determine…
Section 42G — Reconnection requirements
If: (a) the Secretary determines that a person commits a connection failure; or (b) a person fails to participate, on a day, in an activity that the person is required to undertake by an employment…
Section 42AH — Compliance action for unemployment failures
Unemployment failures committed by persons receiving a participation payment (1) If a person receiving a participation payment commits an unemployment failure, the Secretary may determine that the…
Section 42H — Reconnection failures
(1) The Secretary may determine that a person commits a reconnection failure if: (a) the person is required to comply with: (i) a reconnection requirement; or (ii) a further reconnection requirement;…
Section 42AI — Reasonable excuses—matters that must or must not be taken into account
Matters to be taken into account (1) The Secretary must, by legislative instrument, determine matters that the Secretary must take into account in deciding whether a person has a reasonable excuse…
Section 42AJ — Reasonable excuses for mutual obligation failures—prior notification required for certain failures
(1) For the purposes of paragraph 42AF(2)(b), an excuse cannot be a reasonable excuse for a mutual obligation failure mentioned in subsection (2) of this section that is committed by a person unless:…
Section 42J — Further reconnection requirements
(1) The Secretary may require a person to comply with a further requirement (the further reconnection requirement) if the Secretary determines that: (a) the person fails to comply with a reconnection…
Section 42AK — Relationship between provisions of this Subdivision
Sections 42AF, 42AG and 42AH do not limit each other.
Section 42K — Notification requirements
(1) The Secretary must notify the person that a failure to comply with a reconnection requirement or a further reconnection requirement imposed on the person might result in either or both of the…
Section 42AL — Payment suspension periods for mutual obligation failures and work refusal failures
(1) If the Secretary determines under section 42AF or 42AG that a participation payment is not payable to a person for a period, the participation payment is not payable for the period (the payment…
Section 42L — Deduction of penalty amount
If the Secretary determines that a person commits a reconnection failure, the person’s penalty amount (see section 42T) for the reconnection failure is to be deducted from the person’s instalment of…
Section 42AM — Reconnection requirements for mutual obligation failures and work refusal failures
(1) The Secretary must impose a requirement (the reconnection requirement) on a person if the Secretary determines under section 42AF or 42AG that a participation payment is not payable to the person…
Section 42M — Serious failure for persistent non-compliance
(1) The Secretary may determine that a person commits a serious failure if: (a) the Secretary is satisfied that the person has, up to the day the Secretary makes the determination, persistently…
Section 42AN — Reducing instalments of participation payments for mutual obligation failures
(1) This section applies if: (a) a person commits a mutual obligation failure; and (b) the Secretary makes a determination (the reduction determination) under paragraph 42AF(2)(c) that an instalment…
Section 42N — Serious failure for refusing or failing to accept an offer of paid work
(1) The Secretary may determine that a person commits a serious failure if: (a) the person is receiving a participation payment; and (b) the person refuses or fails to accept an offer of paid work in…
Section 42AO — Unemployment preclusion periods for unemployment failures by persons claiming participation payments
(1) If the Secretary determines under subsection 42AH(2) that participation payments are not payable to a person who has made a claim for a participation payment, then participation payments are not…
Section 42AP — Cancelling participation payments
(1) This section applies if the Secretary determines under Subdivision C that the participation payment of a person who has committed a mutual obligation failure, a work refusal failure or an…
Section 42P — Consequences of serious failure
Participation payment not payable during serious failure period (1) If the Secretary determines that a person commits a serious failure and has determined that section 42NC applies, a participation…
Section 42AQ — Persons for whom participation payments not payable taken to still be receiving payment for certain purposes
If, under this Division, a participation payment is not payable to a person for a period, then, for the purposes of the following provisions, the person is taken to be receiving that participation…
Section 42Q — Ending serious failure periods
(1) The Secretary may end a person’s serious failure period if: (a) the person begins to comply with a serious failure requirement imposed on the person; or (b) the Secretary determines that: (i) the…
Section 42AR — Minister to make determinations for purposes of this Division
(1) The Minister must, by legislative instrument, determine the following: (a) for the purposes of paragraph 42AF(2)(a)—circumstances in which the Secretary must, or must not, be satisfied that a…
Section 42R — Determining that participation payments payable
(1) The Secretary may determine that, despite a person’s serious failure period, a participation payment is payable to the person during the period mentioned in subsection (2) if the person informs…
Section 42AS — Relationship with section 80
Nothing in this Division affects the power of the Secretary to cancel or suspend a participation payment under section 80. Note: However, the Secretary cannot suspend or cancel a participation…
Section 42S — Unemployment resulting from a voluntary act or misconduct
(1) A participation payment is not payable to a person for the period mentioned in subsection (3) if the Secretary determines that: (a) the person is unemployed as a result (whether direct or…
Section 42T — Legislative instrument determining method for working out penalty amount
(1) The Minister must, by legislative instrument, determine a method for working out a person’s penalty amount for a no show no pay failure, a reconnection failure or a non-attendance failure. (2)…