Support Workers (Pay Equity) Settlements Act 2017

5 Interpretation

In this Act, unless the context otherwise requires,—

ACC means the Accident Compensation Corporation continued by section 259 of the Accident Compensation Act 2001

care and support services

(a)

means—

(i)

services that are funded by the Ministry of Health, a DHB, or ACC under a funding agreement that are performed in a person’s home (including residential care facilities, retirement villages, and rest homes) or workplace for the purpose of—

(A)

assisting the person to continue to live in the person’s home or in the community (such as personal care and household management services); or

(B)

assisting a person who has a disability to work in the community; or

(C)

in respect of a person with an injury covered by the Accident Compensation Act 2001, supporting the person’s rehabilitation from the injury or supporting them to achieve and sustain their maximum level of participation in everyday life; and

(ii)

long-term residential care in a hospital or a rest home that is assessed as required under section 137 of the Social Security Act 1964 or sections 27 to 29 of the Residential Care and Disability Support Services Act 2018; but

(b)

does not include mental health and addiction support services, vocational and disability support services, or services provided by a health practitioner

care and support worker

(a)

means a person—

(i)

who is an employee of an employer; and

(ii)

whose work for that employer primarily involves providing care and support services; and

(b)

for the purposes of section 8, includes a person—

(i)

who was previously an employee of an employer; and

(ii)

whose work for that employer primarily involved providing care and support services

continuous employment, in relation to a support worker,—

(a)

includes any period during which the worker is—

(i)

on paid holidays or leave under the Holidays Act 2003; or

(ii)
(iii)

on volunteers leave (within the meaning of that term in section 2(1) of the Volunteers Employment Protection Act 1973); or

(iv)

receiving weekly compensation under the Accident Compensation Act 2001 as well as, or instead of, payment from the employer; or

(v)

on unpaid sick leave or unpaid bereavement leave; or

(vi)

on unpaid leave for any other reason for a period of no more than 1 week; or

(vii)

continuously employed by a previous employer, if—

(A)

the worker transferred from the previous employer to the current employer; and

(B)

the transfer was a result of restructuring (within the meaning of that term in section 69B of the Employment Relations Act 2000); but

(b)

unless otherwise agreed between the worker and the worker’s employer, does not include unpaid leave that is not referred to in paragraph (a)(v) or (vi)

Department of Corrections means the department of the public service referred to by that name

DHB means an organisation established as a DHB (District Health Board) by or under section 19 of the New Zealand Public Health and Disability Act 2000

employee means a person who is an employee within the meaning of that term in section 6(1)(a) or (b)(i) of the Employment Relations Act 2000

employer

(a)

means—

(i)

a person, trust, or partnership that receives funding from a funder to provide support services; and

(ii)

the person or persons who have the legal authority to make decisions on behalf of an employer to which subparagraph (i) applies, if the employer does not itself have separate legal personality; and

(iii)

a person, trust, or partnership that provides support services on behalf of an employer to which subparagraph (i) applies as a subsidiary or a subcontractor; and

(iv)

Canterbury DHB, Hutt DHB, Nelson Marlborough DHB, Waikato DHB, Wairarapa DHB, and West Coast DHB (each established by section 19 of the New Zealand Public Health and Disability Act 2000); but

(b)

does not include a natural person who receives funding directly from the Ministry of Health, ACC, or a DHB towards the cost of care and support services for the person or a family member of the person

funder means the Department of Corrections, the Ministry of Health, the Ministry of Social Development, Oranga Tamariki—Ministry for Children, a DHB, or ACC

funding agreement means,—

(a)

in relation to funding agreements to which a funder other than ACC is a party, an agreement between the funder and an employer for the employer to provide support services in exchange for payments from the funder; and

(b)

in relation to funding agreements to which ACC is a party, an agreement between ACC and an employer that is titled—

(i)

Home and Community Support Services; or

(ii)

Individual Residential Support Services; or

(iii)

Residential Support Services

health practitioner has the same meaning as in section 5(1) of the Health Practitioners Competence Assurance Act 2003

level 2 qualification means—

(a)

a level 2 New Zealand Certificate in Health and Wellbeing issued by NZQA; or

(b)

a qualification (whether from New Zealand or overseas) that is recognised by the relevant workforce development council (as defined in section 10(1) of the Education and Training Act 2020) as being equivalent to the qualification described in paragraph (a)

level 3 qualification means—

(a)

a level 3 New Zealand Certificate in Health and Wellbeing issued by NZQA; or

(b)

a qualification (whether from New Zealand or overseas) that is recognised by the relevant workforce development council (as defined in section 10(1) of the Education and Training Act 2020) as being equivalent to the qualification described in paragraph (a)

level 4 qualification means—

(a)

a level 4 New Zealand Certificate in Health and Wellbeing issued by NZQA; or

(b)

a qualification (whether from New Zealand or overseas) that is recognised by the relevant workforce development council (as defined in section 10(1) of the Education and Training Act 2020) as being equivalent to the qualification described in paragraph (a)

mental health and addiction support services

(a)

means services that are funded under a funding agreement and that are provided to—

(i)

a person who has a mental health need or an addiction need for the purpose of assisting them to—

(A)

continue to live in their home or in the community (such as personal care and household management services); or

(B)

work or volunteer in the community; or

(C)

participate in activities in, and contribute to, their community; or

(D)

learn new skills to manage their lives and achieve overall well-being; or

(E)

maintain and develop social and support networks; or

(ii)

a person with a mental injury covered by the Accident Compensation Act 2001 for the purpose of—

(A)

supporting their rehabilitation from the injury; or

(B)

supporting them to achieve and sustain their maximum level of participation in everyday life; but

(b)

does not include—

(i)

care and support services; or

(ii)

vocational and disability support services; or

(iii)

services provided by a health practitioner; or

(iv)

services provided at a location other than the following:

(A)

the person’s home (including a residential care facility, a retirement village, and a rest home):

(B)

the person’s workplace:

(C)

an employer facility:

(D)

a community facility

mental health and addiction support worker

(a)

means a person—

(i)

who is an employee of an employer; and

(ii)

whose work for that employer primarily involves providing support services; and

(iii)

who, of the support services that the person provides, primarily provides mental health and addiction support services; and

(b)

for the purposes of Part 2 of Schedule 1, includes a person—

(i)

who was previously an employee of an employer; and

(ii)

whose work for that employer primarily involved providing support services; and

(iii)

who, of the support services that the person provided, primarily provided mental health and addiction support services

Ministry of Health means the department of the public service referred to by that name

Ministry of Social Development means the department of the public service referred to by that name

NZQA means the New Zealand Qualifications Authority continued by section 430 of the Education and Training Act 2020

Oranga Tamariki—Ministry for Children means the department of the public service referred to by that name

ordinary hourly wage, in relation to a support worker,—

(a)

means the worker’s wage for an hour’s work in the worker’s substantive position; and

(b)

does not include any other amounts paid, including an amount paid for working overtime, for working at night or on a weekend, or for acting in a position for which there is a higher hourly wage.

relevant date,—

(a)

in relation to a care and support worker, means 1 July 2017; and

(b)

in relation to all other support workers, means the date on which the Support Workers (Pay Equity) Settlements Amendment Act 2020 comes into force

support services means care and support services, mental health and addiction support services, or vocational and disability support services

support worker

(a)

means an employee of an employer whose work for that employer primarily involves providing support services; and

(b)

for the purposes of section 8 and Part 2 of Schedule 1, includes a person who was previously an employee of an employer and whose work for that employer primarily involved providing support services

vocational and disability support services

(a)

means services that are funded by the Ministry of Social Development or Oranga Tamariki—Ministry for Children under a funding agreement that are provided to a person with a disability for the purposes of assisting them to—

(i)

continue to live in their home or in the community (such as personal care and household management services); or

(ii)

work or volunteer in the community; or

(iii)

participate in activities in, and contribute to, their community; or

(iv)

learn new skills to manage their lives and achieve overall well-being; or

(v)

maintain and develop social and support networks; but

(b)

does not include care and support services, mental health and addiction support services, or services provided by a health practitioner

vocational and disability support worker

(a)

means a person—

(i)

who is an employee of an employer; and

(ii)

whose work for that employer primarily involves providing support services; and

(iii)

who, of the support services that the person provides, primarily provides vocational and disability support services; and

(b)

for the purposes of Part 2 of Schedule 1, includes a person—

(i)

who was previously an employee of an employer; and

(ii)

whose work for that employer primarily involved providing support services; and

(iii)

who, of the support services that the person provided, primarily provided vocational and disability support services.

Section 5 care and support services paragraph (a)(i): amended, on 7 August 2020, by section 7(1)(a) of the Support Workers (Pay Equity) Settlements Amendment Act 2020 (2020 No 50).

Section 5 care and support services paragraph (a)(i)(C): replaced, on 7 August 2020, by section 7(1)(b) of the Support Workers (Pay Equity) Settlements Amendment Act 2020 (2020 No 50).

Section 5 care and support services paragraph (a)(ii): amended, on 26 November 2018, by section 459 of the Social Security Act 2018 (2018 No 32).

Section 5 care and support services paragraph (b): replaced, on 7 August 2020, by section 7(1)(c) of the Support Workers (Pay Equity) Settlements Amendment Act 2020 (2020 No 50).

Section 5 continuous employment: amended, on 7 August 2020, by section 7(2) of the Support Workers (Pay Equity) Settlements Amendment Act 2020 (2020 No 50).

Section 5 Department of Corrections: inserted, on 7 August 2020, by section 7(3) of the Support Workers (Pay Equity) Settlements Amendment Act 2020 (2020 No 50).

Section 5 employer paragraph (a)(i): replaced, on 7 August 2020, by section 7(4)(a) of the Support Workers (Pay Equity) Settlements Amendment Act 2020 (2020 No 50).

Section 5 employer paragraph (a)(iii): amended, on 7 August 2020, by section 7(4)(b) of the Support Workers (Pay Equity) Settlements Amendment Act 2020 (2020 No 50).

Section 5 employer paragraph (b): amended, on 30 September 2020, by section 5(2) of the New Zealand Public Health and Disability Amendment Act 2020 (2020 No 61).

Section 5 funder: replaced, on 7 August 2020, by section 7(5) of the Support Workers (Pay Equity) Settlements Amendment Act 2020 (2020 No 50).

Section 5 funding agreement paragraph (a): amended, on 7 August 2020, by section 7(6)(a) of the Support Workers (Pay Equity) Settlements Amendment Act 2020 (2020 No 50).

Section 5 funding agreement paragraph (a): amended, on 7 August 2020, by section 7(6)(b) of the Support Workers (Pay Equity) Settlements Amendment Act 2020 (2020 No 50).

Section 5 funding agreement paragraph (a): amended, on 7 August 2020, by section 7(6)(c) of the Support Workers (Pay Equity) Settlements Amendment Act 2020 (2020 No 50).

Section 5 health practitioner: inserted, on 7 August 2020, by section 7(3) of the Support Workers (Pay Equity) Settlements Amendment Act 2020 (2020 No 50).

Section 5 level 2 qualification paragraph (b): amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).

Section 5 level 2 qualification paragraph (b): amended, on 1 April 2020, by section 78(1) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).

Section 5 level 3 qualification paragraph (b): amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).

Section 5 level 3 qualification paragraph (b): amended, on 1 April 2020, by section 78(1) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).

Section 5 level 4 qualification paragraph (b): amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).

Section 5 level 4 qualification paragraph (b): amended, on 1 April 2020, by section 78(1) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).

Section 5 mental health and addiction support services: inserted, on 7 August 2020, by section 7(3) of the Support Workers (Pay Equity) Settlements Amendment Act 2020 (2020 No 50).

Section 5 mental health and addiction support worker: inserted, on 7 August 2020, by section 7(3) of the Support Workers (Pay Equity) Settlements Amendment Act 2020 (2020 No 50).

Section 5 Ministry of Health: amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

Section 5 Ministry of Social Development: inserted, on 7 August 2020, by section 7(3) of the Support Workers (Pay Equity) Settlements Amendment Act 2020 (2020 No 50).

Section 5 NZQA: amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).

Section 5 Oranga Tamariki—Ministry for Children: inserted, on 7 August 2020, by section 7(3) of the Support Workers (Pay Equity) Settlements Amendment Act 2020 (2020 No 50).

Section 5 ordinary hourly wage: amended, on 7 August 2020, by section 7(7) of the Support Workers (Pay Equity) Settlements Amendment Act 2020 (2020 No 50).

Section 5 relevant date: inserted, on 7 August 2020, by section 7(3) of the Support Workers (Pay Equity) Settlements Amendment Act 2020 (2020 No 50).

Section 5 support services: inserted, on 7 August 2020, by section 7(3) of the Support Workers (Pay Equity) Settlements Amendment Act 2020 (2020 No 50).

Section 5 support worker: inserted, on 7 August 2020, by section 7(3) of the Support Workers (Pay Equity) Settlements Amendment Act 2020 (2020 No 50).

Section 5 vocational and disability support services: inserted, on 7 August 2020, by section 7(3) of the Support Workers (Pay Equity) Settlements Amendment Act 2020 (2020 No 50).

Section 5 vocational and disability support worker: inserted, on 7 August 2020, by section 7(3) of the Support Workers (Pay Equity) Settlements Amendment Act 2020 (2020 No 50).