Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
2013-2014
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
BUSINESS SERVICES WAGE ASSESSMENT TOOL PAYMENT SCHEME BILL 2014
SUPPLEMENTARY EXPLANATORY MEMORANDUM
Amendments and requests for amendments to be moved on behalf of the
Government
(Circulated by the authority of the
Minister for Social Services, the Hon Kevin Andrews MP)
BUSINESS SERVICES WAGE ASSESSMENT TOOL PAYMENT SCHEME BILL 2014
Amendments and requests for amendments to be moved on behalf of the
Government
OUTLINE
These amendments will authorise general spending for the purpose of
administering the Business Services Wage Assessment Tool payment scheme.
For example, amendments will ensure, where necessary, that payments can be
made to financial counsellors and legal practitioners for services in
connection with the requirement to obtain certificates that comply with
clauses 36 and 37 of the Bill.
The constitutional power upon which the Bill relies will be clarified by
these amendments.
Former and current eligible employees have to register to participate in
the Business Services Wage Assessment Tool payment scheme. In light of the
delayed passage of the Bill, the registration deadline will be extended
from 30 April 2015 to 30 June 2015. Amendments will also set out that a
person has to take action before 1 July 2015 to register for the payment
scheme.
Amendments will clarify the condition a person must meet for an eligible
day. An eligible day must now fall within the period starting on
1 January 2004 and ending on 31 January 2015. However, a person does not
meet the eligible day condition if the person's earliest eligible day would
have occurred after 28 May 2014.
Lastly, amendments will enable an eligible person (as an alternative to the
person's nominee) to sign the financial counselling certificate, which is
also signed by the financial counsellor.
Financial impact statement
These amendments will not alter the financial impact originally stated for
the Business Services Wage Assessment Tool Payment Scheme Bill 2014 and the
Business Services Wage Assessment Tool Payment Scheme (Consequential
Amendments) Bill 2014.
BUSINESS SERVICES WAGE ASSESSMENT TOOL PAYMENT SCHEME BILL 2014
Amendments and requests for amendments to be moved on behalf of the
Government
NOTES ON AMENDMENTS
Amendments 1 and 6 to 10
Amendments 1 and 6 to 10 amend the date before which a person must register
for the Business Services Wage Assessment Tool (BSWAT) payment scheme to 1
July 2015. 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 July 2015.
Amendments 1 and 6 to 10 amend references to the registration date to
1 July 2015.
Amendment 2
Amendment 2 inserts a new clause 3A, which clarifies the constitutional
power upon which the Bill relies.
Amendments 3 to 5
Amendments 3 and 4 amend the eligible day condition under subclause 6(2) of
the Bill to include at least one day for the person in the period starting
on 1 January 2004 and ending on 31 January 2015.
Amendment 5 inserts a new subclause 6(2A), which limits subclause 6(2).
A person does not meet the eligible day condition under subclause 6(2) if
the earliest eligible day for the person occurs after 28 May 2014.
Example
Anna has been employed by an Australian Disability Enterprise since
1 October 2009. The Australian Disability Enterprise is funded by the
Australian Government through the Disability Employment Assistance
Program, and the funding has been used to support Anna in her day-to-
day work activities. Anna had her first BSWAT assessment to determine
her pro-rata wage in March 2010. Anna was on holiday on 28 May 2014.
Anna is eligible for the scheme.
Example
David has an intellectual disability and commenced work with an
Australian Disability Enterprise on 5 June 2014. The Australian
Disability Enterprise is funded by the Australian Government through
the Disability Employment Assistance Program, and the funding has been
used to support David in his day-to-day work activities.
The Australian Disability Enterprise previously used the BSWAT to
assess wages. David is not eligible for the scheme.
Amendment 11
Amendment 11 amends clause 37, relating to the signatories for financial
counselling certificates, to include as a signatory the eligible person as
an alternative to the person's nominee.
Amendment 12
Amendment 12 inserts a new clause 98A, which sets out the actions and
activities which can be undertaken in the administration of the Bill.
These include:
. inform people about the BSWAT payment scheme;
. engage people to undertake activities informing people about the BSWAT
Payment Scheme and to pay for these costs. For example, through
information sessions, preparation of Easy English documentation for
people with an intellectual impairment, a telephone hotline, and/or
activities to meet the communication needs of people with disability
who may be eligible for the BSWAT Scheme, their families and carers;
. make available contact details and background information on behalf of
legal practitioners and financial counsellors who have indicated their
availability to provide services under the BSWAT payment scheme;
. make payments to financial counsellors and legal practitioners for
services in connection with the requirement to obtain a legal advice
certificate that complies with clause 36 or a financial counselling
certificate that complies with clause 37.
Amendments 13 and 14
Amendments 13 and 14 amend the standing appropriation provision in
clause 99.
Amendment 14 inserts a new paragraph 99(1)(c) and a new subclause 99(2) at
the end of clause 99. New paragraph 99(1)(c) provides that payments for
actions or activities specified under the new clause 98A are to be made
from the Consolidated Revenue Fund.
The expenditures anticipated include preparation of Easy English
documentation for people with intellectual impairment, the retention of
people who are skilled in providing information and conducting information
sessions for people with intellectual disability, and for making payments
to financial counsellors and legal practitioners who advise eligible
applicants during the acceptance period.
New subclause 99(2) clarifies that the standing appropriation is not to be
used for paying the salaries of any APS employee of the Department
Amendment 13 is consequential upon amendment 14.
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