Social Security Act 1964

115 Failure to comply with work test

• (1) The sanctions in section 117 may be imposed on a beneficiary if the chief executive considers that the beneficiary has, without a good and sufficient reason,—

  • (a) in the case of a work-tested beneficiary, failed to comply with any of the work test obligations as set out in section 102; or

  • (b) in the case of a beneficiary granted an exemption from the work test, failed to attend an interview as required under section 105(5).

  (2) [Repealed]

  (3) A beneficiary has a good and sufficient reason for not undertaking or completing an activity if—

  • (a) doing so was dependent upon the provision by the department of any assistance specified by the department; and

  • (b) that assistance was either not supplied, or not supplied to the extent, or in the manner, specified by the department.

  (4) A beneficiary who has 1 or more dependent children has a good and sufficient reason for not participating in or completing any activity required under section 102A(1)(f) or job seeker development activity if the activity involves participation during hours when it would be unreasonable to expect any dependent child of the person to be without that person's supervision.

  (5) A full-time work-tested beneficiary who leaves, without good and sufficient reason, or is dismissed for misconduct from, part-time work or employment averaging less than 15 hours a week is treated as someone to whom subsection (1) applies.

  (6) A part-time work-tested beneficiary who leaves, without good and sufficient reason, or is dismissed for misconduct from, employment averaging less than 15 hours a week is treated as someone to whom subsection (1) applies.

  (7) Section 60H(6) and (7) applies to subsections (5) and (6), with all necessary modifications.

  Section 115: replaced, on 1 July 2001, by section 36 of the Social Security Amendment Act 2001 (2001 No 1).

  Section 115(2): repealed, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

  Section 115(3): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

  Section 115(3)(a): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

  Section 115(3)(b): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

  Section 115(4): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).