BUSINESS SERVICES WAGE ASSESSMENT TOOL PAYMENT SCHEME BILL 2014

2013-2014

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Business Services Wage Assessment Tool

Payment Scheme Bill 2014

No. , 2014

(Social Services)

A Bill for an Act to establish a scheme to make

payments in relation to use of the Business Services

Wage Assessment Tool, and for related purposes

No. , 2014

Business Services Wage Assessment Tool Payment Scheme Bill 2014

Contents

Part 1--Preliminary

Short title ........................................................................................... 1

Commencement ................................................................................. 2

Simplified outline of this Act ............................................................. 2

Definitions ......................................................................................... 3

Part 2--Key elements of BSWAT payment scheme

Simplified outline of this Part ............................................................ 6

Eligibility ........................................................................................... 6

Definition of intellectual impairment ................................................ 7

Payment amount ................................................................................ 7

Effect on representative proceedings ................................................. 8

Effect on certain claims ..................................................................... 9

Evidence of eligibility ...................................................................... 10

Part 3--How to obtain a payment under the BSWAT payment

scheme

Division 1--Simplified outline of this Part

Simplified outline of this Part .......................................................... 11

Division 2--Registration and application

Registration ...................................................................................... 13

When a person cannot be included on the register ........................... 13

Application ...................................................................................... 13

When a person cannot make an application ..................................... 14

Division 3--Determinations, offers and refusals

Determination of application ........................................................... 15

Certain applications must not be determined ................................... 15

Offer ................................................................................................. 16

Refusal ............................................................................................. 17

Certain circumstances in which offers and refusals cannot be

given ................................................................................................ 18

Extensions ........................................................................................ 19

Division 4--Internal review

Internal review at Secretary's initiative ........................................... 20

Internal review on application ......................................................... 20

Withdrawal of application for internal review ................................. 21

Business Services Wage Assessment Tool Payment Scheme Bill 2014

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Division 5--External review

Application for external review ....................................................... 22

Appointing external reviewer .......................................................... 22

External review ................................................................................ 23

Material that may be considered by external reviewer .................... 23

External reviewer may request Secretary to seek further

information ...................................................................................... 25

Withdrawal of application for external review ................................ 25

Notice of decision on external review.............................................. 26

Division 6--Determinations made on a review

Substituting determinations on a review .......................................... 27

Effect of review on previous offer or refusal ................................... 28

Division 7--Accepting an offer

Accepting an offer ........................................................................... 29

Legal advice certificate .................................................................... 29

Financial counselling certificate ...................................................... 29

Effective acceptance ........................................................................ 30

Notice to Federal Court .................................................................... 30

Payment of amount .......................................................................... 31

Declining an offer ............................................................................ 31

Part 4--Nominees

Division 1--Introduction

Simplified outline of this Part .......................................................... 32

Definition of participant .................................................................. 32

Act that may be done ....................................................................... 32

Division 2--Functions and responsibilities of nominee

Actions on behalf of participant ....................................................... 33

Duties of nominee to participant ...................................................... 33

Giving of notices to nominee ........................................................... 34

Compliance by nominee .................................................................. 35

Nominee to inform Secretary of matters affecting ability to

act as nominee .................................................................................. 36

Division 3--Appointment and cancellation or suspension of

appointment

Appointment of nominee ................................................................. 37

Provisions relating to appointments ................................................. 37

Circumstances in which the Secretary must cancel

appointment of nominees ................................................................. 38

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iii

General circumstances in which Secretary may cancel or

suspend appointment of nominees ................................................... 39

Suspension etc. of appointment of nominees in cases of

physical, mental or financial harm ................................................... 40

Other matters relating to cancellation or suspension of

appointment ..................................................................................... 42

Rules may prescribe requirements etc. ............................................ 42

Secretary's powers of revocation ..................................................... 42

Division 4--Review of certain decisions about nominees

Review of certain decisions about nominees ................................... 43

Application for review ..................................................................... 43

Withdrawal of application ............................................................... 44

Review of decisions following application under section 59 ........... 44

Notice and date of effect .................................................................. 44

Division 5--Other matters relating to nominees

Secretary's powers to give notices to participant ............................. 46

Notification of nominee where notice is given to participant .......... 46

Protection of participant against liability for actions of

nominee ........................................................................................... 46

Protection of nominee against criminal liability .............................. 46

Part 5--Administration

Division 1--Introduction

Simplified outline of this Part .......................................................... 47

Division 2--Information gathering

Further information from applicant ................................................. 48

General power to obtain information ............................................... 48

Power to obtain information from a person who owes a debt

to the Commonwealth ...................................................................... 49

Obtaining information about a person who owes a debt to the

Commonwealth ................................................................................ 49

Written notice .................................................................................. 50

Offence ............................................................................................ 50

Obligations not affected by State or Territory laws ......................... 51

Division 3--Privacy

Protection of information ................................................................. 52

Offence--unauthorised access to protected information ................. 52

Offence--unauthorised use or disclosure of protected

information ...................................................................................... 52

Offence--soliciting disclosure of protected information ................. 53

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Offence--offering to supply protected information ........................ 53

Protection of certain documents etc. from production to court

etc. .................................................................................................... 54

Disclosure of information by Secretary ........................................... 54

Rules for exercise of Secretary's disclosure powers ........................ 55

Part does not affect the operation of the Freedom of

Information Act 1982 ....................................................................... 55

Division 4--Debt recovery

Debts due to the Commonwealth ..................................................... 56

Joint and several liability for debts arising because of false

and misleading statements ............................................................... 57

Legal proceedings ............................................................................ 57

Arrangement for payment of debt .................................................... 57

Recovery of amounts from financial institutions ............................. 58

Overseas application of debts .......................................................... 59

Division 5--Non-recovery of debts

Secretary may write off debt ............................................................ 60

Power to waive Commonwealth's right to recover debt .................. 61

Waiver of debt arising from error .................................................... 61

Waiver of small debt ........................................................................ 61

Waiver in relation to settlements ..................................................... 62

Waiver in special circumstances ...................................................... 62

Part 6--Miscellaneous

Simplified outline of this Part .......................................................... 64

Effect of person's death ................................................................... 64

No admissions .................................................................................. 64

Standing appropriation ..................................................................... 64

100

Delegation ........................................................................................ 65

101

Approved forms ............................................................................... 65

102

Rules ................................................................................................ 65

Part 1 Preliminary

Section 2

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2 Commencement

This Act commences on the day after this Act receives the Royal

Assent.

3 Simplified outline of this Act

This Act establishes the BSWAT payment scheme, which is a

scheme for making payments in relation to use of the Business

Services Wage Assessment Tool.

A person must make an application before 1 December 2015 if the

person wants a payment under the BSWAT payment scheme.

Applications can only be made on or after 1 May 2015 by persons

already registered for the scheme.

The Secretary must determine an application, by making an offer

to make a payment to the person (if satisfied the person is eligible

for the scheme), or by refusing the application (if satisfied the

person is not eligible, or if the payment amount is nil).

A person who is not satisfied with the Secretary's determination

may request a review of it, and this might result in a change to the

determination and a new offer or refusal.

A person may accept an offer made to the person, or not, as the

person wishes.

If the person accepts the offer:

(a)

the Secretary will make the payment to the person; and

(b)

by force of this Act, the person will cease to have certain

legal rights.

If the person does not accept the offer, the Secretary will not make

the payment to the person and the legal rights that would cease on

acceptance continue unchanged.

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Business Services Wage Assessment Tool Payment Scheme Bill 2014

Offers will be made before 1 September 2016. While there might

be some new offers after this date arising from reviews, all

acceptances must be lodged by 31 December 2016.

Nominees appointed by the Secretary, at the request of a person or

on the Secretary's own initiative, may act for a person in relation to

the scheme.

4 Definitions

In this Act:

acceptance period has the meaning given by paragraph 19(2)(e).

actual wage has the meaning given by subsection 8(5).

alternative amount: there is an alternative amount for a person if:

(a) the person has accepted an amount of money, otherwise than

under this Act, in settlement of a claim made in relation to a

matter referred to in subsection 10(2); or

(b) an amount of money is payable to the person in accordance

with a court order that is in effect in connection with a claim

made in relation to a matter referred to in subsection 10(2).

approved form means a form approved under section 101.

Australian Disability Enterprise: an organisation is an Australian

Disability Enterprise in respect of a day if:

(a) the organisation received funding in respect of the day under

the program known as the Disability Employment Assistance

Program, for the purposes of providing employment support

to persons with disability; and

(b) the funding was under the Disability Services Act 1986.

BSWAT means the Business Services Wage Assessment Tool

referred to in subparagraph 14.4(b)(ii) of the Supported

Employment Services Award 2010 as in force on 1 January 2010,

or any earlier version of that Tool.

Part 1 Preliminary

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BSWAT assessment means an assessment conducted using the

BSWAT.

BSWAT payment scheme means the scheme established by this

Act.

centrelink program has the same meaning as in the Human

Services (Centrelink) Act 1997.

effective acceptance has the meaning given by section 38.

eligible day has the meaning given by subsection 6(2).

external reviewer has the meaning given by subsection 27(1).

Federal Court means the Federal Court of Australia.

finally determined has the meaning given by subsection 18(3).

financial counsellor has the meaning given by subsection 37(2).

financial institution has the meaning given by subsection 88(5).

group member has the same meaning as in Part IVA of the Federal

Court of Australia Act 1976.

intellectual impairment has the meaning given by section 7.

legal practitioner means a person who:

(a) is enrolled as a legal practitioner of the High Court, of

another federal court or of the Supreme Court of a State or

Territory; and

(b) holds a practising certificate (however described).

medicare program has the same meaning as in the Human Services

(Medicare) Act 1973.

nominee means a person appointed as a nominee of a participant

under section 50.

officer means an APS employee in the Department.

participant has the meaning given by section 43.

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Business Services Wage Assessment Tool Payment Scheme Bill 2014

payment amount has the meaning given by subsection 8(1).

productivity-scored wage has the meaning given by

subsection 8(5).

protected information means information about a person:

(a) that was obtained for the purposes of this Act; and

(b) that is or was held in the records of the Department.

register means the register established for the purposes of

section 13.

relevant representative proceeding has the meaning given by

subsection 9(4).

representative party has the same meaning as in Part IVA of the

Federal Court of Australia Act 1976.

representative proceeding has the same meaning as in Part IVA of

the Federal Court of Australia Act 1976.

rules means the rules made under section 102.

Secretary means the Secretary of the Department.

Part 2 Key elements of BSWAT payment scheme

Section 5

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Part 2--Key elements of BSWAT payment scheme

5 Simplified outline of this Part

The following key elements of the BSWAT payment scheme are

set out in this Part:

(a)

who is eligible to be offered a payment;

(b)

how much will be offered to an eligible person;

(c)

the legal consequences if the person accepts the offer.

Other important elements of the scheme (such as the need to

deadlines) are set out in Part 3.

6 Eligibility

Eligibility

(1) A person is eligible for the BSWAT payment scheme if the person

meets the conditions in subsections (2), (3) and (4).

Eligible day

(2) The person meets the condition in this subsection if there is at least

one day for the person in the period starting on 1 January 2004 and

ending on 28 May 2014 in respect of which:

(a) the person had an intellectual impairment; and

(b) the person was employed by an Australian Disability

Enterprise; and

Australian Disability Enterprise; and

(d) either:

(i) the person was paid a training wage while waiting for a

BSWAT assessment to be completed; or

Key elements of BSWAT payment scheme Part 2

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Business Services Wage Assessment Tool Payment Scheme Bill 2014

(ii) the minimum wage payable to the person was worked

out using a BSWAT assessment of the person (for this

purpose, it does not matter if the person was actually

paid a higher wage).

Any such day is an eligible day for the person.

Ongoing daily support in the workplace

(3) The person meets the condition in this subsection if the person

required ongoing daily support in the workplace in order to

maintain the person's employment in the Australian Disability

Enterprise.

No alternative amount

(4) The person meets the condition in this subsection if there is no

alternative amount for the person.

7 Definition of intellectual impairment

A person has an intellectual impairment if:

(a) the person has at least one of the following impairments:

(i) an intellectual disability;

(ii) autism spectrum disorder;

(iii) dementia;

(iv) impaired intellectual functioning as a consequence of an

acquired brain injury; and

(b) any conditions prescribed by the rules are satisfied.

8 Payment amount

(1) The payment amount for a person is the amount worked out for the

person by a method prescribed by the rules.

(2) The rules may prescribe different methods for different

circumstances.

(3) In making rules for the purposes of this section, the Minister must

have regard to the following principles:

Part 2 Key elements of BSWAT payment scheme

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(a) the amount a person should receive, if the person accepts an

offer, should broadly reflect the amount that is 50% of the

excess (if any) of a productivity-scored wage over an actual

wage;

(b) to ensure that the person retains that amount after tax, the

amount should be increased to take account of expected tax;

wage is the same or less than the person's actual wage.

(4) Despite subsection (3), the rules may have the following effect:

(a) if the amount worked out for a person is less than $1--that

the payment amount for the person is nil;

(b) if the amount worked out for the person is at least $1 but less

than $100--that the amount the person should retain after tax

is $100.

(5) In this Act:

actual wage means a wage, worked out in accordance with the

rules, that a person was paid in respect of an eligible day.

productivity-scored wage means a wage, worked out in accordance

with the rules, that a person could reasonably have been expected

to have been paid in respect of an eligible day, had the productivity

component of a BSWAT assessment comprised the whole of the

BSWAT assessment.

9 Effect on representative proceedings

(1) If:

(a) a person lodges an effective acceptance; and

(b) immediately before lodging the acceptance, the person was a

group member in relation to a relevant representative

proceeding;

then, at the time the acceptance is lodged and by force of this

section, the person ceases to be a group member in relation to the

relevant representative proceeding.

(2) Subsection (1) has effect despite the provisions of Part IVA of the

Federal Court of Australia Act 1976. In particular, a group member

Key elements of BSWAT payment scheme Part 2

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Business Services Wage Assessment Tool Payment Scheme Bill 2014

does not need to opt out of the proceeding in accordance with

section 33J of that Act in order to cease to be a group member.

(3) For the purposes of section 33F of the Federal Court of Australia

Act 1976, the lodging of an effective acceptance by a person or the

doing of any other act under this Act or the rules does not

constitute the taking of a step in a representative proceeding or

conducting part of the proceeding.

(4) Any of the following is a relevant representative proceeding:

(a) the representative proceeding commenced by originating

application in the Federal Court on 20 December 2013 as

proceeding number VID 1367 of 2013;

(b) any other representative proceeding in the Federal Court:

(i) in which damages or compensation are claimed in

connection with the use of a BSWAT assessment to

work out a minimum wage payable to a person; or

(ii) in relation to which a person may be a group member on

the same, or substantially the same, basis as the

conditions in section 6;

special leave to appeal from any judgment in a proceeding

referred to in paragraph (a) or (b);

(d) any appeal from any judgment in an appeal referred to in

paragraph (c).

10 Effect on certain claims

(1) If a person lodges an effective acceptance, then, at the time the

person lodges the acceptance and by force of this section:

(a) the person releases and forever discharges the

Commonwealth, each Australian Disability Enterprise and all

other persons from all liability in relation to any matter

referred to in subsection (2); and

(b) the person cannot, whether as an individual, a representative

party or a member of a group, bring or continue any claim

against the Commonwealth or any other person in relation to

any matter referred to in subsection (2).

Part 2 Key elements of BSWAT payment scheme

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(2) The matters are the following, to the extent to which they relate to

the use of a BSWAT assessment to work out a minimum wage

payable to a person:

(a) unlawful discrimination;

(b) a contravention or breach of, or failure to comply with, a law,

whether written or unwritten, of the Commonwealth, a State

or a Territory;

Commonwealth, an Australian Disability Enterprise or any

other person, that might give rise to a liability to the person.

11 Evidence of eligibility

The rules may prescribe matters relating to the evidence needed to

do either or both of the following:

(a) establish a person's eligibility under section 6;

(b) work out the amount of the payment to be offered to a

person.

How to obtain a payment under the BSWAT payment scheme Part 3

Simplified outline of this Part Division 1

Section 12

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Business Services Wage Assessment Tool Payment Scheme Bill 2014

Part 3--How to obtain a payment under the

BSWAT payment scheme

Division 1--Simplified outline of this Part

12 Simplified outline of this Part

A person who wants a payment under the BSWAT payment

scheme must make an application before 1 December 2015.

Applications can only be made on or after 1 May 2015 by persons

already registered for the scheme.

If a person makes an application before 1 December 2015, the

Secretary must determine the application by deciding whether the

person is eligible for the scheme, and if so, what amount (if any) to

offer the person.

The Secretary must notify the person of the Secretary's

determination, either by:

(a)

offering to make a payment to the person; or

(b)

refusing the person's application if satisfied that the

person is not eligible for the scheme or that the payment

amount for the person is nil.

The offer or refusal must include certain information, including

information about the person's right to apply for a review of the

determination if the person is not satisfied with it.

A person may apply to the Secretary for review, and if not satisfied

with the outcome of that review, may apply for review by an

external reviewer. An offer or refusal ceases to be current when a

person applies for review, and a new offer or refusal will follow

from the review.

If a person decides to accept an offer, the person must lodge an

effective acceptance (an acceptance that complies with this Act). If

Part 3 How to obtain a payment under the BSWAT payment scheme

Division 1 Simplified outline of this Part

Section 12

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No. , 2014

an acceptance is effective, the Secretary will make the payment to

a bank account nominated by the person.

The BSWAT payment scheme only operates until the end of 2016.

Offers cannot be made on or after 1 September 2016, except as a

consequence of a review of an earlier determination, and no offers

at all can be made on or after 1 December 2016. A person who

wants to accept an offer must do so on or before 31 December

2016.

How to obtain a payment under the BSWAT payment scheme Part 3

Registration and application Division 2

Section 13

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Business Services Wage Assessment Tool Payment Scheme Bill 2014

Division 2--Registration and application

13 Registration

(1) The Secretary must establish a register for the purposes of this

section.

(2) If a person contacts the Secretary before 1 May 2015 to register for

the BSWAT payment scheme, the Secretary must include the

person on the register by adding to it the following details:

(a) the person's name and contact details;

(b) any other details the Secretary considers appropriate.

(3) The contact may be made by any of the following means:

(a) telephone;

(b) email or other electronic means;

(4) A person who makes an application for the BSWAT payment

scheme before 1 May 2015 is taken to be on the register.

14 When a person cannot be included on the register

(1) The Secretary cannot include on the register a person for whom

there is an alternative amount.

(2) The Secretary cannot include on the register a person who first

contacts the Secretary to register for the BSWAT payment scheme

on or after 1 May 2015.

(3) This section has effect despite anything else in this Act.

15 Application

(1) A person may make an application for the BSWAT payment

scheme during the period:

(a) starting on 1 July 2014; and

(b) ending on 30 November 2015.

Part 3 How to obtain a payment under the BSWAT payment scheme

Division 2 Registration and application

Section 16

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(2) The application must be:

(a) in an approved form; and

(b) lodged in a manner prescribed by the rules; and

(3) The application must be accompanied by the information and

documents prescribed by the rules.

16 When a person cannot make an application

(1) A person cannot make an application if there is an alternative

amount for the person.

(2) A person who is not on the register cannot make an application on

or after 1 May 2015.

(3) An application cannot be made on or after 1 December 2015.

(4) This section has effect despite anything else in this Act.

How to obtain a payment under the BSWAT payment scheme Part 3

Determinations, offers and refusals Division 3

Section 17

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Division 3--Determinations, offers and refusals

17 Determination of application

(1) The Secretary must determine an application in accordance with

this section.

(2) The Secretary must:

(a) if satisfied that an applicant is eligible for the BSWAT

payment scheme--make a determination that the applicant is

eligible for the scheme; and

(b) if satisfied that an applicant is not eligible for the BSWAT

payment scheme--make a determination that the applicant is

not eligible for the scheme.

(3) If a determination is made that an applicant is eligible for the

BSWAT payment scheme, the Secretary must make a

determination of the payment amount for the person.

(4) Despite subsection (1), if the Secretary makes a request or

requirement for further information or a document under section 68

or 69, a determination need not be made until the further

information is given or the document produced.

18 Certain applications must not be determined

(1) The Secretary must not determine an application made by a person

if:

(a) the person has already lodged an effective acceptance; or

(b) the person has made an application (the earlier application)

that has not been finally determined; or

(2) The Secretary must not determine an application made on or after

1 December 2015.

(3) An earlier application made by a person has been finally

determined if:

Part 3 How to obtain a payment under the BSWAT payment scheme

Division 3 Determinations, offers and refusals

Section 19

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No. , 2014

(a) the person is taken to have declined an offer made in

response to the application (see section 41); or

(b) the person has been given a refusal and the period for

applying for a review of a determination included in the

refusal has ended without the person making such an

application; or

determination made by an external reviewer.

(4) This section has effect despite anything else in this Act.

19 Offer

(1) If a determination is made under subsection 17(3) of a payment

amount for an applicant that is more than nil, or such a

determination is affirmed under subsection 24(6) or 28(1), the

Secretary must, by written notice to the applicant, make an offer to

pay the payment amount to the applicant.

(2) The offer must do the following:

(a) specify the date of the offer;

(b) include the determination that the applicant is eligible for the

BSWAT payment scheme and explain the reasons for the

determination;

the reasons for the determination;

(d) if the determination of the payment amount has been

affirmed under subsection 24(6) or 28(1)--include the

affirmation and the reasons for the affirmation;

(e) specify a period (the acceptance period) of at least 14 days,

starting on the date of the offer, within which the offer can be

accepted;

(f) explain how to accept the offer, should the applicant decide

to do so (including the need to first obtain a legal advice

certificate that complies with section 36 and a financial

counselling certificate that complies with section 37);

(g) inform the applicant that the applicant does not have to

accept the offer and explain that by doing nothing, the offer

is taken to be declined at the end of the acceptance period;

How to obtain a payment under the BSWAT payment scheme Part 3

Determinations, offers and refusals Division 3

Section 20

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Business Services Wage Assessment Tool Payment Scheme Bill 2014

(h) unless subsection (3) applies--inform the applicant that the

applicant may, before the end of the acceptance period,

request an extension of that period and explain how to make

that request;

(i) unless subsection (3) applies--inform the applicant that the

applicant may, before the end of the acceptance period, apply

for a review of the payment amount and explain how to make

that application and, broadly, what the review would involve;

(j) draw the applicant's attention to sections 9 and 10.

(3) The offer must not inform the applicant as required by

paragraphs (2)(h) and (i) if the offer includes a determination made

by an external reviewer:

(a) of a payment amount for the applicant that is more than nil;

(b) affirming a determination made by the Secretary of a

payment amount.

(4) Subsection (2) does not limit the matters that may be dealt with by

the offer.

20 Refusal

(1) If:

(a) a determination is made under paragraph 17(2)(b) that an

applicant is not eligible for the BSWAT payment scheme; or

(b) a determination is made under subsection 17(3) that the

payment amount for an applicant is nil; or

under subsection 24(6) or 28(1);

the Secretary must, by written notice to the applicant, refuse the

application.

(2) The refusal must do the following:

(a) specify the date of the refusal;

(b) include the determination under section 17 and explain the

reasons for the determination;

Part 3 How to obtain a payment under the BSWAT payment scheme

Division 3 Determinations, offers and refusals

Section 21

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subsection 24(6) or 28(1)--include the affirmation and the

reasons for the affirmation;

(d) unless subsection (3) applies--inform the applicant that the

applicant may, within the 21 day period starting on the date

of the refusal, apply for a review of the determination and

explain how to make that application and, broadly, what the

review would involve;

(e) unless subsection (3) applies--inform the applicant that the

applicant may request an extension of the 21 day period

referred to in paragraph (d) and explain how to make that

request.

(3) The refusal must not inform the applicant as required by

paragraphs (2)(d) and (e) if the refusal includes a determination

made by an external reviewer:

(a) that the applicant is not eligible for the BSWAT payment

scheme; or

(b) affirming a determination made by the Secretary.

(4) Subsection (2) does not limit the matters that may be dealt with by

the refusal.

21 Certain circumstances in which offers and refusals cannot be

given

(1) The Secretary must not make an offer or give a refusal to a person

whose application has been determined if there is an alternative

amount for the person.

(2) The Secretary must not make an offer or give a refusal to a person

on or after 1 September 2016, except as a consequence of a review

of a determination made before that day.

(3) The Secretary must not make an offer or give a refusal to a person

on or after 1 December 2016.

(4) Subsections (2) and (3) prevent the Secretary from making an offer

or giving a refusal after a date specified in those subsections even

if, on the specified date, the Secretary is waiting for further

How to obtain a payment under the BSWAT payment scheme Part 3

Determinations, offers and refusals Division 3

Section 22

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Business Services Wage Assessment Tool Payment Scheme Bill 2014

information to be provided in accordance with a request under

section 68 or a requirement under section 69.

(5) This section has effect despite anything else in this Act.

22 Extensions

(1) The Secretary may, on request made in accordance with the rules

(if any), extend, by no more than 28 days:

(a) the acceptance period for an offer; or

(b) the 21 day period referred to in subsection 24(3) or 26(3) for

applying for a review in relation to a refusal.

If the Secretary does so, the period is the period as extended by the

Secretary.

(2) A period extended under paragraph (1)(a) must end on or before

31 December 2016.

(3) A period extended under paragraph (1)(b) must end on or before

30 November 2016.

(4) A request to extend a period must be received before the end of the

original period.

(5) The Secretary may only extend a period once.

Part 3 How to obtain a payment under the BSWAT payment scheme

Division 4 Internal review

Section 23

Business Services Wage Assessment Tool Payment Scheme Bill 2014

No. , 2014

Division 4--Internal review

23 Internal review at Secretary's initiative

(1) The Secretary may, on his or her own initiative, review a

determination made under section 17 if the Secretary is satisfied

that there is enough reason to do so.

(2) The Secretary cannot review a determination:

(a) after an application has been made for external review of the

determination under Division 5; or

(b) after a person has accepted the offer in which the

determination was included; or

Division 5.

(3) On review of a determination, the Secretary may:

(a) affirm the determination; or

(b) set aside the determination and substitute a new

determination in accordance with Division 6.

24 Internal review on application

(1) A person may apply to the Secretary to review a determination

made for the person under section 17, other than a determination

that was made or affirmed under this Division or Division 5.

(2) If the determination was included in an offer, the application must

be made:

(a) before the end of the acceptance period; and

(b) before the offer is accepted.

(3) If the determination was included in a refusal, the application must

be made before the end of the 21 day period starting on the date of

the refusal, or that period as extended under section 22.

(4) The application must be made by:

(a) sending or delivering a written application to the Secretary in

accordance with the rules (if any); or

How to obtain a payment under the BSWAT payment scheme Part 3

Internal review Division 4

Section 25

No. , 2014

Business Services Wage Assessment Tool Payment Scheme Bill 2014

(b) making an oral application, in person or by telephone or other

means, to the Secretary in accordance with the rules (if any).

(5) If a person makes an oral application in accordance with

paragraph (4)(b), the person receiving the oral application must:

(a) make a written record of the details of the application; and

(b) note on the record the day the application is made.

(6) The Secretary must, as soon as reasonably practicable:

(a) review the determination; and

(b) either:

(i) affirm the determination; or

(ii) set aside the determination and substitute a new

determination in accordance with Division 6.

25 Withdrawal of application for internal review

(1) A person who has applied for review of a determination under

section 24 may withdraw the application at any time before a

decision is made under subsection 24(6), by:

(a) sending or delivering a written notice to the Secretary in

accordance with the rules (if any); or

(b) contacting the Secretary and withdrawing the application

orally, whether in person, by telephone or by other means in

accordance with the rules (if any).

(2) If an application is withdrawn in accordance with paragraph (1)(b),

the person receiving the oral withdrawal must make a written

record of the details of the withdrawal and note on the record the

day the withdrawal is made.

(3) If an application is withdrawn, the application is taken never to

have been made.

Part 3 How to obtain a payment under the BSWAT payment scheme

Division 5 External review

Section 26

Business Services Wage Assessment Tool Payment Scheme Bill 2014

No. , 2014

Division 5--External review

26 Application for external review

(1) A person may apply to the Secretary for external review of a

determination made for the person under section 17 that is:

(a) made on an internal review under subsection 23(3) (internal

review at Secretary's initiative); or

(b) a determination made or affirmed on an internal review under

subsection 24(6) (internal review on application).

(2) If the determination was included in an offer, the application must

be made before:

(a) the end of the acceptance period; and

(b) the offer is accepted.

(3) If the determination was included in a refusal, the application must

be made before the end of the 21 day period starting on the date of

the refusal, or that period as extended under section 22.

(4) The application must be made by:

(a) sending or delivering a written application to the Secretary in

accordance with the rules (if any); or

(b) making an oral application, in person or by telephone or other

means, to the Secretary in accordance with the rules (if any).

(5) If a person makes an oral application in accordance with

paragraph (4)(b), the person receiving the oral application must:

(a) make a written record of the details of the application; and

(b) note on the record the day the application is made.

27 Appointing external reviewer

(1) If the Secretary receives an application for external review of a

determination, the Secretary must, by writing, appoint a person (the

external reviewer) to review the determination.

(2) A person may only be appointed under subsection (1) if:

How to obtain a payment under the BSWAT payment scheme Part 3

External review Division 5

Section 28

No. , 2014

Business Services Wage Assessment Tool Payment Scheme Bill 2014

(a) the person has been (but is no longer) a Justice of the High

Court or a judge of another federal court or of a court of a

State or Territory; or

(b) the person is a legal practitioner who has been enrolled for at

least 10 years.

(3) If a person appointed under subsection (1) is unable to complete

the review of the determination, the Secretary must appoint another

person under that subsection to review the determination.

(4) A person appointed under subsection (1) is to be paid the

remuneration and allowances determined in writing by the

Secretary in accordance with the rules (if any).

28 External review

(1) The external reviewer must, as soon as reasonably practicable:

(a) review the determination; and

(b) either:

(i) affirm the determination; or

(ii) set aside the determination and substitute a new

determination in accordance with Division 6.

(2) The external reviewer must, in conducting the review, comply with

any requirements prescribed by the rules.

29 Material that may be considered by external reviewer

(1) In completing the review, the external review may only consider:

(a) a statement or document given to the external reviewer under

this section; and

(b) information or a document given to the external reviewer

following a request made under section 30.

Material given by Secretary at time of appointment

(2) The Secretary must, as soon as reasonably practicable after

appointing the external reviewer, give the reviewer:

(a) a written statement about the determination under review

that:

Part 3 How to obtain a payment under the BSWAT payment scheme

Division 5 External review

Section 29

Business Services Wage Assessment Tool Payment Scheme Bill 2014

No. , 2014

(i) sets out the findings of fact made for the purposes of the

determination; and

(ii) refers to the evidence on which those findings were

based; and

(iii) gives the reasons for the determination; and

(b) the original or a copy of every document or part of a

document that:

(i) is in the possession, or under the control, of the

Secretary; and

(ii) relates to the applicant; and

(iii) is relevant to the review of the determination.

Material given by applicant at time of application

(3) The applicant may, within 14 days after applying for the external

review, give the Secretary:

(a) a written statement supporting the application; and

(b) any other document that the applicant considers relevant to

the review.

(4) The Secretary must give the external reviewer a copy of the

material referred to in subsection (3) as soon as practicable after it

is given to the Secretary.

Additional material given by Secretary

(5) If:

(a) after the material mentioned in subsection (2) or (3) is given

to the external reviewer, but before the completion of the

review, a document comes into the possession or under the

control of the Secretary; and

(b) the Secretary considers that the document or a part of the

document is relevant to the review; and

been given to the external reviewer in accordance with

subsection (2) or (4);

the Secretary must, as soon as practicable, give a copy of the

document or the part of the document to the external reviewer.

How to obtain a payment under the BSWAT payment scheme Part 3

External review Division 5

Section 30

No. , 2014

Business Services Wage Assessment Tool Payment Scheme Bill 2014

(6) As soon as practicable after a statement or document is given to the

external reviewer as mentioned in subsection (2) or (5), the

Secretary must give the applicant for the external review a copy of

the statement or document (unless the statement or document was

given to the Secretary by the applicant).

30 External reviewer may request Secretary to seek further

information

(1) The external reviewer may request the Secretary to exercise the

Secretary's powers under section 68 or 69 if the external reviewer

is satisfied that a person has information, or has custody or control

of a document, that is relevant to the review of the determination.

(2) The Secretary must, as soon as practicable, either:

(a) comply with the request, if the Secretary is satisfied that it is

appropriate to do so, and give the information or document to

the external reviewer; or

(b) refuse the request and inform the external reviewer

accordingly.

31 Withdrawal of application for external review

(1) A person who has applied for review of a determination under

section 26 may withdraw the application at any time before a

decision is made under subsection 28(1), by:

(a) sending or delivering a written notice to the Secretary in

accordance with the rules (if any); or

(b) contacting the Secretary and withdrawing the application

orally, whether in person, by telephone or by other means in

accordance with the rules (if any).

(2) If an application is withdrawn in accordance with paragraph (1)(b),

the person receiving the oral withdrawal must make a written

record of the details of the withdrawal and note on the record the

day the withdrawal is made.

(3) If an application is withdrawn, the application is taken never to

have been made.

How to obtain a payment under the BSWAT payment scheme Part 3

Determinations made on a review Division 6

Section 33

No. , 2014

Business Services Wage Assessment Tool Payment Scheme Bill 2014

Division 6--Determinations made on a review

33 Substituting determinations on a review

(1) This section applies in relation to:

(a) an internal review conducted by the Secretary (the reviewer)

under Division 4; or

(b) an external review conducted by a person (the reviewer)

appointed under Division 5.

Review of determination involving payment amount

(2) If, on review of a determination of a payment amount under

subsection 17(3), the reviewer is satisfied that the applicant is not

eligible for the BSWAT payment scheme, the reviewer must:

(a) set aside the determinations made under paragraph 17(2)(a)

and subsection 17(3) for the applicant; and

(b) substitute a new determination under paragraph 17(2)(b) that

the applicant is not eligible for the BSWAT payment scheme.

Note:

The Secretary will then be required to refuse the application for a

payment under the BSWAT scheme (see section 20).

(3) Subsection (2) does not apply if a determination has been made

under paragraph 17(2)(a) for the applicant in an external review

under Division 5.

(4) To avoid doubt, the reviewer may, on review of a determination of

a payment amount, determine a lower payment amount for the

applicant.

Review of determination that applicant ineligible

(5) If, on review of a determination made under paragraph 17(2)(b),

the reviewer is satisfied that the applicant is eligible for the

BSWAT payment scheme, the reviewer must set aside that

determination and make a determination under paragraph 17(2)(a)

for the applicant.

Note:

The Secretary will then be required to determine a payment amount

for the person under subsection 17(3).

Part 3 How to obtain a payment under the BSWAT payment scheme

Division 6 Determinations made on a review

Section 34

Business Services Wage Assessment Tool Payment Scheme Bill 2014

No. , 2014

34 Effect of review on previous offer or refusal

(1) If a person applies for internal review under Division 4 or external

review under Division 5 of a determination made under section 17,

any offer under section 19 or refusal under section 20 made as a

result of the determination ceases to be current.

Note:

An offer that is not current cannot be accepted (see section 38).

(2) If the Secretary substitutes a new determination in an internal

review under section 23 (internal review at Secretary's initiative),

any offer under section 19 or refusal under section 20 made as a

result of the determination under review ceases to be current.

Note:

An offer that is not current cannot be accepted (see section 38).

(3) If a person withdraws an application for review in accordance with

section 25 or 31:

(a) any offer or refusal that ceased to be current under

subsection (1) or (2) becomes current again from the time of

the withdrawal; and

(b) for an offer--at the time of the withdrawal, the number of

days remaining in the acceptance period is taken to be the

number of days that remained immediately before the

application was made.

How to obtain a payment under the BSWAT payment scheme Part 3

Accepting an offer Division 7

Section 35

No. , 2014

Business Services Wage Assessment Tool Payment Scheme Bill 2014

Division 7--Accepting an offer

35 Accepting an offer

(1) A person who wants to accept an offer must do so in accordance

with this section.

(2) The acceptance must be:

(a) in an approved form; and

(b) lodged in a manner prescribed by the rules; and

(3) The acceptance must be accompanied by:

(a) a legal advice certificate that complies with section 36; and

(b) a financial counselling certificate that complies with

section 37; and

accepting the offer; and

(d) any other information or documents prescribed by the rules.

Note:

A nominee may do acts, including sign acknowledgements, on the

person's behalf: see section 45.

36 Legal advice certificate

A certificate complies with this section if the certificate:

(a) is in an approved form; and

(b) certifies, as required by the form, one or more of the matters

specified in the form; and

37 Financial counselling certificate

(1) A certificate complies with this section if the certificate:

(a) is in the approved form; and

(b) certifies, as required by the form, one or more of the matters

specified in the form; and

Part 3 How to obtain a payment under the BSWAT payment scheme

Division 7 Accepting an offer

Section 38

Business Services Wage Assessment Tool Payment Scheme Bill 2014

No. , 2014

nominee, as applicable in relation to the matters certified.

(2) In this Act:

financial counsellor means a person who is a fully accredited

member of a State or Territory association of financial counsellors

prescribed by the rules.

38 Effective acceptance

An acceptance has effect, and is an effective acceptance, only if:

(a) the person accepts the offer in accordance with section 35;

and

(b) the acceptance is lodged before 1 January 2017; and

(i) if the offer had ceased to be current as mentioned in

subsection 34(1) or (2)--the offer has become current

again as mentioned in subsection 34(3); and

(ii) there is no alternative amount for the person; and

(iii) the person is not the representative party in a relevant

representative proceeding.

Note:

If the representative party in a relevant representative proceeding first

withdraws as the representative party, with the leave of the Court, that

person could then accept an offer.

39 Notice to Federal Court

(1) The Secretary must notify the Federal Court if a person lodges an

effective acceptance.

(2) The notice must:

(a) be in writing; and

(b) be accompanied by copies of:

(i) the acceptance; and

(ii) the legal advice certificate that complies with section 36

and the financial counselling certificate that complies

with section 37.

How to obtain a payment under the BSWAT payment scheme Part 3

Accepting an offer Division 7

Section 40

No. , 2014

Business Services Wage Assessment Tool Payment Scheme Bill 2014

(3) Subsection (1) does not apply if all relevant representative

proceedings referred to in section 9 have been determined, settled

or discontinued.

40 Payment of amount

(1) If a person lodges an effective acceptance, the Secretary must pay

the payment amount offered to the person on the date that is

determined by the Secretary to be the earliest date on which it is

reasonably practicable for the payment to be made to the person.

(2) The amount is to be paid to the credit of a bank account nominated

and maintained by the person. (The account may be maintained by

the person alone or jointly in common with another person.)

(3) The Secretary may direct that the whole or a part of the amount is

to be paid to the person in a different way from that provided for

by subsection (2). If the Secretary gives a direction, the amount is

to be paid in accordance with the direction.

41 Declining an offer

If a person does not lodge an effective acceptance of an offer

before the end of the acceptance period for the offer, the person is

taken to have declined the offer.

Part 4 Nominees

Division 1 Introduction

Section 42

Business Services Wage Assessment Tool Payment Scheme Bill 2014

No. , 2014

Part 4--Nominees

Division 1--Introduction

42 Simplified outline of this Part

The Secretary may appoint nominees to act for persons in relation

to the BSWAT payment scheme. Some appointments will be made

on the Secretary's own initiative, and others at the request of the

person, depending on the person's circumstances. Not everyone

will have a nominee.

A nominee has a duty to ascertain the person's preferences in

relation to the scheme, and to act in a way that gives effect to those

preferences.

43 Definition of participant

Any person who:

(a) might be eligible for the BSWAT payment scheme; or

(b) has an intellectual impairment and wants to make or has

made an application under section 15;

is a participant.

44 Act that may be done

A reference in this Part to an act that may be done by a participant

includes a reference to refraining from doing an act in order to give

effect to a decision.

Nominees Part 4

Functions and responsibilities of nominee Division 2

Section 45

No. , 2014

Business Services Wage Assessment Tool Payment Scheme Bill 2014

Division 2--Functions and responsibilities of nominee

45 Actions on behalf of participant

(1) Any act that may be done by a participant under or for the purposes

of this Act may be done by the participant's nominee, except to the

extent specified in the instrument of appointment of the nominee.

Note:

See section 50 for the appointment of nominees.

(2) Without limiting subsection (1), a request or application that may

be made under this Act by a participant may be made by the

person's nominee on behalf of the participant.

(3) An act done by a participant's nominee because of this section has

effect for the purposes of this Act (other than this Part) as if it had

been done by the participant.

(4) If the participant's nominee was appointed on the initiative of the

Secretary, the nominee may only do an act if the nominee

considers that the participant is not capable of doing, or being

supported to do, the act.

46 Duties of nominee to participant

(1) It is the duty of a nominee of a participant to ascertain the

preferences of the participant in relation to the BSWAT payment

scheme and to act in a manner that gives effect to those

preferences.

(2) A nominee does not breach the duty imposed by subsection (1) by

doing an act if, when the act is done, the nominee reasonably

believes that:

(a) the nominee has ascertained the preferences of the participant

in relation to the act; and

(b) the doing of the act gives effect to those preferences.

(3) A nominee does not breach the duty imposed by subsection (1) by

refraining from doing an act if, at the relevant time, the nominee

reasonably believes that:

Part 4 Nominees

Division 2 Functions and responsibilities of nominee

Section 47

Business Services Wage Assessment Tool Payment Scheme Bill 2014

No. , 2014

(a) the nominee has ascertained the preferences of the participant

in relation to the act; and

(b) not doing the act gives effect to those preferences.

(4) The rules may modify the duty of a nominee under subsection (1)

in relation to participants who cannot formulate preferences.

(5) The rules may prescribe other duties of a nominee, including duties

requiring the nominee:

(a) to support decision-making by the participant personally; or

(b) to have regard to, and give appropriate weight to, the views

of the participant; or

has, acquires, or is likely to acquire, any interest, pecuniary

or otherwise, that conflicts or could conflict with the

performance of the nominee's duties.

47 Giving of notices to nominee

(1) Any notice that the Secretary is authorised or required by this Act

to give to a participant must be given by the Secretary to the

participant's nominee.

(2) The notice:

(a) must, in every respect, be in the same form, and in the same

terms, as if it were being given to the participant; and

(b) may be given to the nominee personally, by post or by any

other means approved by the Secretary.

(3) If:

(a) under subsection (1), the Secretary gives a notice (the

nominee notice) to a participant's nominee; and

(b) the Secretary has already given, or afterwards gives, the

participant a notice that:

(i) is expressed to be given under the same provision of this

Act as the nominee notice; and

(ii) makes the same requirement of the participant as the

nominee notice;

Nominees Part 4

Functions and responsibilities of nominee Division 2

Section 48

No. , 2014

Business Services Wage Assessment Tool Payment Scheme Bill 2014

section 48 ceases to have effect, or does not come into effect, as

the case requires, in relation to the nominee notice.

48 Compliance by nominee

(1) If, under section 47, a notice is given to a participant's nominee,

the following paragraphs have effect:

(a) for the purposes of this Act, other than this Part, the notice is

taken:

(i) to have been given to the participant; and

(ii) to have been so given on the day the notice was given to

the nominee;

(b) any requirement made of the person to:

(i) inform the Secretary of a matter; or

(ii) provide information or a document to the Secretary;

may be satisfied by the nominee;

such a requirement has effect, for the purposes of this Act, as

if it had been done by the participant;

(d) if the nominee fails to satisfy such a requirement, the

participant is taken, for the purposes of this Act, to have

failed to comply with the requirement.

(2) To avoid doubt, for the purposes of this Act, the participant is

taken to have complied with a requirement if:

(a) the requirement imposes an obligation on the participant to

inform the Secretary of a matter, or provide information or a

document, within a specified period; and

(b) the nominee does so within that period.

(3) To avoid doubt, for the purposes of this Act, the participant is

taken not to have complied with a requirement if:

(a) the requirement imposes an obligation on the participant to

inform the Secretary of a matter, or provide information or a

document, within a specified period; and

(b) the nominee does not do so within that period.

Part 4 Nominees

Division 2 Functions and responsibilities of nominee

Section 49

Business Services Wage Assessment Tool Payment Scheme Bill 2014

No. , 2014

49 Nominee to inform Secretary of matters affecting ability to act as

nominee

(1) The Secretary may give a nominee of a participant a written notice

that requires the nominee to inform the Secretary if:

(a) either:

(i) an event or change of circumstances happens; or

(ii) the nominee becomes aware that an event or change of

circumstances is likely to happen; and

(b) the event or change of circumstances is likely to affect:

(i) the ability of the nominee to act as the nominee of the

participant; or

(ii) the ability of the Secretary to give notices to the

nominee under this Act; or

(iii) the ability of the nominee to comply with notices given

to the nominee by the Secretary under this Act.

(2) A notice under subsection (1) must specify:

(a) how the nominee is to inform the Secretary; and

(b) the period within which the nominee is to inform the

Secretary, which must be a period of at least 14 days starting

on whichever of the following days is applicable:

(i) the day on which the event or change of circumstances

happens;

(ii) the day on which the nominee becomes aware that the

event or change of circumstances is likely to happen.

(3) A notice under subsection (1) is not ineffective only because it

does not comply with paragraph (2)(a).

(4) This section extends to:

(a) acts, omissions, matters and things outside Australia, whether

or not in a foreign country; and

(b) all persons, irrespective of their nationality or citizenship.

Nominees Part 4

Appointment and cancellation or suspension of appointment Division 3

Section 50

No. , 2014

Business Services Wage Assessment Tool Payment Scheme Bill 2014

Division 3--Appointment and cancellation or suspension of

appointment

50 Appointment of nominee

(1) The Secretary may, in writing, appoint a person to be a nominee of

a participant for the purposes of this Act.

Note:

The Secretary must make the appointment in accordance with

section 51.

(2) An appointment may be made:

(a) at the request of the participant; or

(b) on the initiative of the Secretary.

(3) An appointment may limit the matters in relation to which the

appointee is the nominee of the participant.

(4) An appointment may provide that it has effect for a specified term.

(5) Without limiting the manner of specifying a term for the purposes

of subsection (4), it may be specified by reference to the expiry of

a specified period or the occurrence of a specified event.

(6) To avoid doubt, the Secretary may appoint more than one person to

be a nominee of a participant for the purposes of this Act.

51 Provisions relating to appointments

(1) The Secretary must not appoint a person as a nominee of a

participant under section 50 except:

(a) with the written consent of the appointee; and

(b) after taking into consideration the preferences (if any) of the

participant regarding the making of the appointment.

(2) In appointing a person as a nominee of a participant under

section 50, the Secretary must consider whether the person is able

to comply with section 46.

Part 4 Nominees

Division 3 Appointment and cancellation or suspension of appointment

Section 52

Business Services Wage Assessment Tool Payment Scheme Bill 2014

No. , 2014

(3) In appointing a nominee of a participant under section 50, the

Secretary must have regard to whether there is a person who, under

a law of the Commonwealth, a State or a Territory:

(a) has guardianship of the person; or

(b) is a person appointed by a court, tribunal, board or panel

(however described) who has power to make decisions for

the participant and whose responsibilities in relation to the

participant are relevant to the duties of a nominee.

(4) The Secretary must cause a copy of an appointment under

section 50 to be given to:

(a) the nominee; and

(b) the participant.

(5) The rules may prescribe:

(a) persons who must not be appointed as nominees; and

(b) criteria the Secretary is to apply or matters to which the

Secretary is to have regard in considering the appointment of

a nominee.

52 Circumstances in which the Secretary must cancel appointment

of nominees

At the request of a participant

(1) If:

(a) a person is appointed as a nominee of a participant under

section 50 at the request of the participant; and

(b) the participant requests the Secretary to cancel the

appointment;

the Secretary must, as soon as practicable, cancel the appointment

by written instrument.

(2) A request under paragraph (1)(b) need not be made in writing. If

the request is not made in writing, the Secretary must make a

written record of the request.

Nominees Part 4

Appointment and cancellation or suspension of appointment Division 3

Section 53

No. , 2014

Business Services Wage Assessment Tool Payment Scheme Bill 2014

Nominee no longer wishes to be a nominee

(3) If:

(a) a person is appointed as a nominee of a participant under

section 50; and

(b) the person informs the Secretary in writing that the person no

longer wishes to be a nominee under that appointment;

the Secretary must, as soon as practicable, cancel the appointment

by written instrument.

Copy of instrument of cancellation to be given

(4) If the appointment of a person as a nominee of a participant is

cancelled under this section, the Secretary must give the person

and participant a copy of the instrument of cancellation.

53 General circumstances in which Secretary may cancel or suspend

appointment of nominees

At the request of a participant

(1) If:

(a) a person is appointed as a nominee of a participant under

section 50 on the initiative of the Secretary; and

(b) the participant requests the Secretary to cancel the

appointment;

the Secretary may, by written instrument, cancel the appointment.

(2) A request under paragraph (1)(b) need not be made in writing. If

the request is not made in writing, the Secretary must make a

written record of the request.

(3) If a request is made under paragraph (1)(b):

(a) the Secretary must decide whether to cancel the appointment

within 14 days after receiving the request; and

(b) if the Secretary decides not to cancel the appointment--the

Secretary must give the person and participant written notice

of the Secretary's decision.

Part 4 Nominees

Division 3 Appointment and cancellation or suspension of appointment

Section 54

Business Services Wage Assessment Tool Payment Scheme Bill 2014

No. , 2014

Ability to act as a nominee affected

(4) The Secretary may, by written instrument, suspend or cancel one or

more of a nominee's appointments if:

(a) the Secretary gives the nominee a notice under section 49;

and

(b) in response to the notice, the nominee informs the Secretary

that an event or change of circumstances has happened or is

likely to happen; and

it is appropriate to do so.

Failure to comply with a notice under section 49

(5) The Secretary may, by written instrument, suspend or cancel one or

more of a nominee's appointments if:

(a) the Secretary gives the nominee a notice under

section 49;

and

(b) the nominee does not comply with a requirement specified in

the notice.

Copy of instrument of cancellation or suspension to be given

(6) If the appointment of a person as a nominee of a participant is

cancelled or suspended under this section, the Secretary must give

the person and participant a copy of the instrument of cancellation

or suspension.

54 Suspension etc. of appointment of nominees in cases of physical,

mental or financial harm

Suspension of appointment

(1) The Secretary may, by written instrument, suspend the

appointment of a person as a nominee of a participant if the

Secretary reasonably believes that:

(a) the person has caused, or is likely to cause, physical, mental

or financial harm to the participant; or

Nominees Part 4

Appointment and cancellation or suspension of appointment Division 3

Section 54

No. , 2014

Business Services Wage Assessment Tool Payment Scheme Bill 2014

(b) the person has failed to fulfil the person's duty under

subsection 46(1).

(2) Any financial harm that might be caused to the participant by the

nominee acting in a manner that gives effect to the participant's

preferences in relation to the BSWAT payment scheme is to be

disregarded for the purposes of subsection (1).

(3) If the person's appointment is suspended under subsection (1), the

Secretary must:

(a) give the person and participant a copy of the instrument of

suspension; and

(b) by written notice given to the person, request the person to

give the Secretary, within 28 days after the notice is given, a

statement setting out reasons why the person's appointment

should not be cancelled by the Secretary under this section.

Cancellation of appointment following suspension

(4) If the person gives the Secretary the statement within the 28 day

period, the Secretary may, by written instrument, cancel the

person's appointment.

(5) The Secretary must decide whether to cancel the person's

appointment under subsection (4) as soon as practicable after

receiving the statement.

(6) If the Secretary decides not to cancel the person's appointment

under subsection (4):

(a) the suspension of the person's appointment ends; and

(b) the Secretary must give the person and participant written

notice of the Secretary's decision.

(7) If the person does not give the Secretary the statement within the

28 day period, the Secretary must, by written instrument, cancel

the person's appointment as soon as practicable after that period

ends.

Part 4 Nominees

Division 3 Appointment and cancellation or suspension of appointment

Section 55

Business Services Wage Assessment Tool Payment Scheme Bill 2014

No. , 2014

Copy of instrument of cancellation to be given

(8) If the person's appointment is cancelled under this section, the

Secretary must give the person and participant a copy of the

instrument of cancellation.

55 Other matters relating to cancellation or suspension of

appointment

(1) While a person's appointment as a nominee is suspended, the

appointment has no effect for the purposes of this Act.

(2) If a person's appointment as a nominee of a participant is

suspended under section 53 or 54, the Secretary may appoint

another person under section 50 to be the nominee of the

participant for a period specified in the instrument of appointment.

56 Rules may prescribe requirements etc.

The rules may prescribe:

(a) requirements with which the Secretary must comply relating

to the appointment of nominees or the cancellation or

suspension of the appointment of nominees; and

(b) criteria the Secretary is to apply or matters to which the

Secretary is to have regard in appointing nominees or

cancelling or suspending the appointment of nominees.

57 Secretary's powers of revocation

Nothing in this Part is an expression of a contrary intention for the

purposes of subsection 33(3) of the Acts Interpretation Act 1901.

Nominees Part 4

Review of certain decisions about nominees Division 4

Section 58

No. , 2014

Business Services Wage Assessment Tool Payment Scheme Bill 2014

Division 4--Review of certain decisions about nominees

58 Review of certain decisions about nominees

(1) The Secretary may, on his or her own initiative, review any of the

following if the Secretary is satisfied that there is enough reason to

do so:

(a) a decision under section 50 to appoint a person to be the

nominee of a participant;

(b) a decision under section 52, 53 or 54 to cancel or suspend, or

not to cancel or suspend, the appointment of a nominee.

(2) On review of a decision, the Secretary must:

(a) affirm the decision; or

(b) vary the decision; or

59 Application for review

(1) A person whose interests are affected by a decision referred to in

subsection 58(1) may apply to the Secretary for review of the

decision within 28 days, or such longer period as the Secretary

allows, after the day on which the person first received notice of

the decision.

(2) The person must give reasons for the application.

(3) The application must be made by:

(a) sending or delivering a written application to the Secretary in

accordance with the rules (if any); or

(b) making an oral application, in person or by telephone or other

means, to the Secretary in accordance with the rules (if any).

(4) If a person makes an oral application in accordance with

paragraph (3)(b), the person receiving the oral application must:

(a) make a written record of the details of the application; and

(b) note on the record the day the application is made.

Part 4 Nominees

Division 4 Review of certain decisions about nominees

Section 60

Business Services Wage Assessment Tool Payment Scheme Bill 2014

No. , 2014

60 Withdrawal of application

(1) A person who has applied for review of a decision may withdraw

the application at any time before a decision is made under

section 61, by:

(a) sending or delivering a written notice to the Secretary in

accordance with the rules (if any); or

(b) contacting the Secretary and withdrawing the application

orally, whether in person, by telephone or by other means in

accordance with the rules (if any).

(2) If an application is withdrawn in accordance with paragraph (1)(b),

the person receiving the oral withdrawal must make a written

record of the details of the withdrawal and note on the record the

day the withdrawal is made.

(3) If an application for review of a decision is withdrawn, the

application is taken never to have been made.

61 Review of decisions following application under section 59

If a person applies under section 59 for review of a decision, the

Secretary must:

(a) review the decision; and

(b) do one of the following:

(i) affirm the decision;

(ii) vary the decision;

(iii) set the decision aside and substitute a new decision.

62 Notice and date of effect

(1) The Secretary's decision (the decision on review) to affirm, vary or

set aside a decision takes effect:

(a) on the day specified in the decision on review; or

(b) if a day is not specified--on the day on which the decision on

review was made.

Part 4 Nominees

Division 5 Other matters relating to nominees

Section 63

Business Services Wage Assessment Tool Payment Scheme Bill 2014

No. , 2014

Division 5--Other matters relating to nominees

63 Secretary's powers to give notices to participant

Nothing in this Part is intended in any way to affect the Secretary's

powers under other provisions of this Act to give notices to a

participant who has a nominee.

64 Notification of nominee where notice is given to participant

If, under this Act (other than this Part), the Secretary gives a notice

to a participant who has a nominee, the Secretary must inform the

nominee of the giving of the notice and of the terms of the notice.

65 Protection of participant against liability for actions of nominee

Nothing in this Part renders a participant guilty of an offence

against this Act in relation to any act or omission of the

participant's nominee.

66 Protection of nominee against criminal liability

A nominee of a participant is not subject to any criminal liability

under this Act in relation to:

(a) any act or omission of the participant; or

(b) anything done, in good faith, by the nominee in his or her

capacity as nominee.

Administration Part 5

Introduction Division 1

Section 67

No. , 2014

Business Services Wage Assessment Tool Payment Scheme Bill 2014

Part 5--Administration

Division 1--Introduction

67 Simplified outline of this Part

The Secretary may require an applicant for the BSWAT payment

scheme, or any other person, to give information for the purposes

of determining an application or for any other purposes in relation

to this Act.

Information can be obtained, recorded, used and disclosed for the

purposes of this Act and for certain other limited purposes. There

are criminal offences for misuse of information obtained for the

purposes of this Act.

In certain cases where an amount is wrongly paid to a person, the

amount becomes a debt to the Commonwealth that can be

recovered through the courts, or through a payment arrangement

the Commonwealth might enter into with the person.

Part 5 Administration

Division 2 Information gathering

Section 68

Business Services Wage Assessment Tool Payment Scheme Bill 2014

No. , 2014

Division 2--Information gathering

68 Further information from applicant

(1) The Secretary may, by written notice given to a person who has

made an application for the BSWAT payment scheme, request the

person to give further information to the Department if the

Secretary considers that the information would assist in

determining the application.

(2) The notice:

(a) may be given personally or by post or in any other manner

approved by the Secretary; and

(b) must specify:

(i) the nature of the information that is requested; and

(ii) how the person is to give the information; and

(iii) the period within which the person is to give the

information; and

(iv) the officer or class of officer (if any) to whom the

information is to be given; and

(v) that the notice is given under this section.

(3) A notice is not invalid merely because it does not comply with

subparagraph (2)(b)(ii) or (v).

(4) The period specified under subparagraph (2)(b)(iii) must not end

earlier than 14 days after the notice is given.

(5) The application need not be determined until the further

information is provided.

69 General power to obtain information

(1) The Secretary may, in accordance with section 72, require a person

to give information, or produce a document that is in the person's

custody or under the person's control, to the Department if the

Secretary considers that the information or document may be

relevant to one or more of the following matters:

Administration Part 5

Information gathering Division 2

Section 70

No. , 2014

Business Services Wage Assessment Tool Payment Scheme Bill 2014

(a) the determination of another person's application for the

BSWAT payment scheme;

(b) before the person lodges an effective acceptance--whether

there is an alternative amount for the person;

payment made to a person.

(2) If the requirement is made in relation to the matter referred to in

paragraph (1)(a), the application need not be determined until the

further information is provided.

70 Power to obtain information from a person who owes a debt to

the Commonwealth

The Secretary may, in accordance with section 72, require a person

who owes a debt to the Commonwealth under section 84:

(a) either to:

(i) give to the Department information that is relevant to

the person's financial situation; or

(ii) produce to the Department a document that is in the

person's custody or under the person's control and is

relevant to the person's financial situation; and

(b) if the person's address changes--to inform the Department of

the new address within 14 days after the change.

71 Obtaining information about a person who owes a debt to the

Commonwealth

If the Secretary believes that a person may have information or a

document:

(a) that would help the Secretary locate another person (the

debtor) who owes a debt to the Commonwealth under

section 84; or

(b) that is relevant to the debtor's financial situation;

the Secretary may, in accordance with section 72, require the

person to give the information, or produce the document, to the

Secretary.

Part 5 Administration

Division 2 Information gathering

Section 72

Business Services Wage Assessment Tool Payment Scheme Bill 2014

No. , 2014

72 Written notice

(1) A requirement under section 69, 70 or 71 must be made by written

notice given to the person of whom the requirement is made.

(2) The notice:

(a) may be given personally or by post or in any other manner

approved by the Secretary; and

(b) must specify:

(i) how the person is to give the information or produce the

document to which the requirement relates; and

(ii) the period within which the person is to give the

information or produce the document to the

Department; and

(iii) the officer or class of officer (if any) to whom the

information is to be given or the document is to be

produced; and

(iv) that the notice is given under this section.

(3) A notice is not invalid merely because it does not comply with

subparagraph (2)(b)(i) or (iv).

(4) The period specified under subparagraph (2)(b)(ii) must not end

earlier than 14 days after the notice is given.

73 Offence

(1) A person commits an offence if:

(a) the person is required under section 69, 70 or 71 to give

information or produce a document; and

(b) the person refuses or fails to comply with the requirement.

Penalty: 30 penalty units.

(2) Subsection (1) does not apply if the person has a reasonable

excuse.

Note:

A defendant bears an evidential burden in relation to the matter in

subsection (2) (see subsection 13.3(3) of the Criminal Code).

Part 5 Administration

Division 3 Privacy

Section 75

Business Services Wage Assessment Tool Payment Scheme Bill 2014

No. , 2014

Division 3--Privacy

75 Protection of information

(1) A person may obtain protected information for the purposes of this

Act.

(2) A person may:

(a) make a record of protected information; or

(b) disclose such information to any person; or

if the person is doing so:

(d) for the purposes of this Act; or

(e) for the purpose for which the information was disclosed to

the person under section 81; or

(f) with the express or implied consent of the person to whom

the information relates.

76 Offence--unauthorised access to protected information

A person commits an offence if:

(a) the person obtains information; and

(b) the person is not authorised or required by or under this Act

to obtain the information; and

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

77 Offence--unauthorised use or disclosure of protected

information

A person commits an offence if:

(a) the person:

(i) makes a record of information; or

(ii) discloses information to any other person; or

(iii) otherwise makes use of information; and

Administration Part 5

Privacy Division 3

Section 78

No. , 2014

Business Services Wage Assessment Tool Payment Scheme Bill 2014

(b) the person is not authorised or required by or under this Act

to make the record, disclosure or use of the information that

is made by the person; and

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

78 Offence--soliciting disclosure of protected information

A person (the first person) commits an offence if:

(a) the first person solicits the disclosure of information from an

officer or another person, whether or not any protected

information is actually disclosed; and

(b) the disclosure would be in contravention of this Division; and

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

79 Offence--offering to supply protected information

(1) A person commits an offence if:

(a) the person offers to supply (whether to a particular person or

otherwise) information about another person; and

(b) the person knows the information is protected information.

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

(2) A person commits an offence if:

(a) the person holds himself or herself out as being able to

supply (whether to a particular person or otherwise)

information about another person; and

(b) the person knows the information is protected information.

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

(3) Subsections (1) and (2) do not apply to an officer acting in the

performance or exercise of his or her duties, functions or powers

under this Act.

Part 5 Administration

Division 3 Privacy

Section 80

Business Services Wage Assessment Tool Payment Scheme Bill 2014

No. , 2014

80 Protection of certain documents etc. from production to court etc.

A person must not, except for the purposes of this Act, be required:

(a) to produce any document in his or her possession because of

the performance of his or her functions or duties or the

exercise of his or her powers under this Act; or

(b) to disclose any matter or thing of which he or she had notice

because of the performance of such functions or duties or the

exercise of such powers;

to a court, tribunal, authority or person that has power to require

the production of documents or the answering of questions.

81 Disclosure of information by Secretary

(1) Despite sections 77 and 80, the Secretary may:

(a) if the Secretary certifies that it is necessary in the public

interest to do so in a particular case or class of cases--

disclose information acquired by a person in the performance

of his or her functions or duties or in the exercise of his or

her powers under this Act to such persons and for such

purposes as the Secretary determines; or

(b) disclose any such information:

(i) to the Secretary of a Department of State of the

Commonwealth, or to the head of an authority of the

Commonwealth, for the purposes of that Department or

authority; or

(ii) to a person who has the express or implied consent of

the person to whom the information relates to collect it;

(iii) to the Chief Executive Centrelink for the purposes of a

centrelink program; or

(iv) to the Chief Executive Medicare for the purposes of a

medicare program.

(2) In certifying for the purposes of paragraph (1)(a) or disclosing

information for the purposes of subparagraph (1)(b)(i), the

Secretary must act in accordance with any rules made for the

purposes of section 82.

Administration Part 5

Privacy Division 3

Section 82

No. , 2014

Business Services Wage Assessment Tool Payment Scheme Bill 2014

(3) Despite any other provision of this Division, the Secretary may

disclose protected information to a participant's nominee if the

protected information:

(a) relates to the participant; and

(b) is or was held in the records of the Department.

82 Rules for exercise of Secretary's disclosure powers

The rules may make provision for and in relation to the exercise of

either or both of the following:

(a) the Secretary's power to certify for the purposes of

paragraph 81(1)(a);

(b) the Secretary's power under subparagraph 81(1)(b)(i) to

disclose information to a person.

83 Part does not affect the operation of the Freedom of Information

Act 1982

The provisions of this Part that relate to the disclosure of

information do not affect the operation of the Freedom of

Information Act 1982.

Part 5 Administration

Division 4 Debt recovery

Section 84

Business Services Wage Assessment Tool Payment Scheme Bill 2014

No. , 2014

Division 4--Debt recovery

84 Debts due to the Commonwealth

(1) If a payment amount has been paid in respect of a person, the

amount (or an amount equivalent to the amount) is a debt due to

the Commonwealth only to the extent expressly provided for by

this section.

(2) If an amount is paid to a person (the recipient) but was not payable

because:

(a) the amount was paid to the wrong person; or

(b) there is no determination of a payment amount, or no

effective acceptance, that relates to the payment; or

person;

the amount paid (or an amount equivalent to that amount), or the

amount of the excess, is a debt due to the Commonwealth by the

recipient.

(3) If:

(a) a payment amount is paid to a person (the recipient) under

this Act; and

(b) the amount was paid wholly or partly because of a false or

misleading statement, or a misrepresentation, by the recipient

or another person;

then an amount equal to so much of the payment amount as is

attributable to the false or misleading statement, or the

misrepresentation, is a debt due to the Commonwealth by the

recipient.

Note:

See also section 85 (joint and several liability for debts arising because

of false and misleading statements).

(4) A debt due by a person under this section in respect of an amount

arises at the time the amount is paid to the person.

Administration Part 5

Debt recovery Division 4

Section 85

No. , 2014

Business Services Wage Assessment Tool Payment Scheme Bill 2014

85 Joint and several liability for debts arising because of false and

misleading statements

A person (the recipient) and another person are jointly and

severally liable to pay a debt if:

(a) the recipient is liable under this Division to repay an amount

(the unauthorised amount) paid to the recipient (or an

amount equal to such an amount); and

(b) the unauthorised amount was paid because the recipient

contravened Part 7.4 of the Criminal Code (which deals with

false and misleading statements); and

(i) that is taken to have been committed in relation to that

contravention because of section 11.2 or 11.2A of the

Criminal Code (which deal with complicity, common

purpose and joint commission); or

(ii) in relation to that contravention against section 11.4 or

11.5 of the Criminal Code (which deal with incitement

and conspiracy).

86 Legal proceedings

A debt due to the Commonwealth under this Act is recoverable by

the Commonwealth in a court of competent jurisdiction.

87 Arrangement for payment of debt

(1) The Secretary may, on behalf of the Commonwealth, enter into an

arrangement with a person under which the person is to pay a debt

owed by the person to the Commonwealth under this Act, or the

outstanding amount of such a debt, in a way set out in the

arrangement.

(2) The arrangement has effect from the day specified in the

arrangement, which may be earlier than the day on which the

arrangement is entered into.

(3) If the arrangement does not specify a day as mentioned in

subsection (2), it has effect on and after the day on which it is

entered into.

Part 5 Administration

Division 4 Debt recovery

Section 88

Business Services Wage Assessment Tool Payment Scheme Bill 2014

No. , 2014

(4) The Secretary may vary or terminate the arrangement:

(a) at the debtor's request; or

(b) after giving 28 days' notice to the debtor of the proposed

variation or termination; or

disclose material information about his or her true capacity to

repay the debt--without notice.

88 Recovery of amounts from financial institutions

(1) If:

(a) an amount is paid under this Act to a financial institution for

the credit of an account kept with the institution; and

(b) the Secretary is satisfied that the payment was intended to be

made to someone who was not the person or one of the

persons in whose name or names the account was kept;

the Secretary may give a written notice to the institution setting out

the matters mentioned in paragraphs (a) and (b) and requiring the

institution to pay to the Commonwealth, within a reasonable period

stated in the notice, the lesser of the following amounts:

that was paid as mentioned in paragraph (a);

(d) the amount standing to the credit of the account when the

notice is received by the institution.

(2) A financial institution must comply with a notice given to it under

subsection (1).

Penalty: 300 penalty units.

(3) It is a defence to a prosecution of a financial institution for failing

to comply with a notice given to it under subsection (1) if the

financial institution proves that it was incapable of complying with

the notice.

(4) If a notice is given to a financial institution under subsection (1) in

respect of an amount paid under this Act, any amount recovered by

the Commonwealth from the institution in respect of the payment

Administration Part 5

Debt recovery Division 4

Section 89

No. , 2014

Business Services Wage Assessment Tool Payment Scheme Bill 2014

reduces any debt owed to the Commonwealth by any other person

in respect of the amount.

(5) In this Act:

financial institution means a corporation that is an ADI for the

purposes of the Banking Act 1959.

89 Overseas application of debts

The operation of a provision creating a debt under this Part extends

to:

(a) acts, omissions, matters and things outside Australia, whether

or not in a foreign country; and

(b) all persons, irrespective of their nationality or citizenship.

Part 5 Administration

Division 5 Non-recovery of debts

Section 90

Business Services Wage Assessment Tool Payment Scheme Bill 2014

No. , 2014

Division 5--Non-recovery of debts

90 Secretary may write off debt

(1) Subject to subsection (2), the Secretary may, on behalf of the

Commonwealth, decide to write off a debt, for a stated period or

otherwise.

(2) The Secretary may decide to write off a debt under subsection (1)

if, and only if:

(a) the debt is irrecoverable at law; or

(b) the debtor has no capacity to repay the debt; or

efforts have been made to locate the debtor; or

(d) it is not cost effective for the Commonwealth to take action

to recover the debt.

(3) For the purposes of paragraph (2)(a), a debt is irrecoverable at law

if, and only if:

(a) the debt cannot be recovered by means of legal proceedings

because the period during which such proceedings may be

brought has ended; or

(b) there is no proof of the debt capable of sustaining legal

proceedings for its recovery; or

incurred before the debtor became bankrupt and was not

incurred by fraud; or

(d) the debtor has died leaving no estate or insufficient funds in

the debtor's estate to repay the debt.

(4) A decision made under subsection (1) takes effect:

(a) if no day is specified in the decision--on the day the decision

is made; or

(b) if a day is specified in the decision--on the day so specified

(whether that day is before, on or after the day the decision is

made).

Administration Part 5

Non-recovery of debts Division 5

Section 91

No. , 2014

Business Services Wage Assessment Tool Payment Scheme Bill 2014

(5) Nothing in this section prevents anything being done at any time to

recover a debt that has been written off under this section.

91 Power to waive Commonwealth's right to recover debt

(1) On behalf of the Commonwealth, the Secretary may waive the

Commonwealth's right to recover the whole or a part of a debt

from a debtor only in the circumstances described in section 92,

93, 94 or 95.

(2) A waiver takes effect:

(a) on the day specified in the waiver (whether that day is before,

on or after the day the decision to waive is made); or

(b) if the waiver does not specify when it takes effect--on the

day the decision to waive is made.

Note:

If the Secretary waives the Commonwealth's right to recover all or

part of a debt, this is a permanent bar to recovery of the debt or part of

the debt and the debt or part of the debt effectively ceases to exist.

92 Waiver of debt arising from error

The Secretary must waive the right to recover the proportion of a

debt that is attributable solely to an administrative error made by

the Commonwealth if:

(a) the debtor received the payment that gave rise to that

proportion of the debt in good faith; and

(b) the debt is not raised within 8 weeks from the payment.

Note:

This section does not allow waiver of a part of a debt that was caused

partly by administrative error and partly by one or more other factors.

93 Waiver of small debt

The Secretary may waive the right to recover a debt if:

(a) the debt is, or is likely to be, less than $200; and

(b) it is not cost effective for the Commonwealth to take action

to recover the debt.

Part 5 Administration

Division 5 Non-recovery of debts

Section 94

Business Services Wage Assessment Tool Payment Scheme Bill 2014

No. , 2014

94 Waiver in relation to settlements

(1) If the Commonwealth has agreed to settle a civil action against a

debtor for recovery of a debt for less than the full amount of the

debt, the Secretary must waive the right to recover the difference

between the debt and the amount that is the subject of the

settlement.

(2) If:

(a) the Commonwealth has recovered at least 80% of the original

value of a debt from a debtor; and

(b) the Commonwealth and the debtor agree that the recovery is

in full satisfaction for the whole of the debt; and

the Secretary must waive the remaining 20% or less of the value of

the original debt.

(3) If the Secretary and a debtor agree that the debtor's debt will be

fully satisfied if the debtor pays the Commonwealth an agreed

amount that is less than the amount of the debt outstanding at the

time of the agreement (the unpaid amount), the Secretary must

waive the right to recover the difference between the unpaid

amount and the agreed amount.

(4) The Secretary must not make an agreement described in

subsection (3) unless the Secretary is satisfied that the agreed

amount is at least the present value of the unpaid amount if it is

repaid in instalments of amounts, and at times, determined by the

Secretary.

(5) For the purposes of subsection (4), the present value of the unpaid

amount is the amount worked out in accordance with the method

prescribed by the rules.

95 Waiver in special circumstances

The Secretary may waive the right to recover a debt if:

(a) the debt did not arise in whole or part as a result of:

(i) a contravention of this Act or the rules; or

Administration Part 5

Non-recovery of debts Division 5

Section 95

No. , 2014

Business Services Wage Assessment Tool Payment Scheme Bill 2014

(ii) a false or misleading statement or a misrepresentation;

and

(b) there are special circumstances (other than financial hardship

or the disability of the debtor) that the Secretary is satisfied

make waiver appropriate; and

writing off the debt.

Part 6 Miscellaneous

Section 96

Business Services Wage Assessment Tool Payment Scheme Bill 2014

No. , 2014

Part 6--Miscellaneous

96 Simplified outline of this Part

This Part deals with miscellaneous matters.

97 Effect of person's death

(1) This Act continues to apply, with the modifications made by the

rules, in relation to a person who dies:

(a) after making an application under section 15; and

(b) before lodging an effective acceptance.

(2) An application cannot be made on behalf of a person who has died.

98 No admissions

None of the following:

(a) the determination of a payment amount for a person;

(b) the making of an offer to a person;

(d) anything else done under this Act or the rules;

(e) anything in this Act or the rules;

constitutes an admission by the Commonwealth that it is liable for

unlawful discrimination or any other matter referred to in

subsection 10(2), or that a particular method should be adopted in

assessing damages or compensation claimed by a person in

connection with the use of a BSWAT assessment to work out a

minimum wage payable to a person.

99 Standing appropriation

The Consolidated Revenue Fund is appropriated for the purposes

of making:

Miscellaneous Part 6

Section 100

No. , 2014

Business Services Wage Assessment Tool Payment Scheme Bill 2014

(a) payments that the Secretary is satisfied are required to be

paid under section 40; and

(b) payments of amounts under subsection 27(4).

100 Delegation

(1) The Secretary may, in writing, delegate to an officer any or all of

the powers or functions of the Secretary under this Act.

(2) In exercising powers or performing functions under a delegation,

the delegate must comply with any directions of the Secretary.

101 Approved forms

The Secretary may, in writing, approve one or more forms for the

purposes of a provision of this Act or the rules that provides for

something to be done in an approved form.

102 Rules

The Minister may, by legislative instrument, make rules

prescribing matters:

(a) required or permitted by this Act to be prescribed by the

rules; or

(b) necessary or convenient to be prescribed for carrying out or

giving effect to this Act.

Commonwealth of Australia Bills

BUSINESS SERVICES WAGE ASSESSMENT TOOL PAYMENT SCHEME BILL 2014