1: Title
1: This Act is the Health Sector (Transfers) Amendment Act 2000.
2: In this Act, the Act known before the commencement of this Act as the Health Reforms (Transitional Provisions) Act 1993 the principal Act
2: Commencement
1: Section 14
2: The rest of this Act comes into force on 1 January 2001.
3: Title repealed
The Title of the principal Act is repealed.
4: Name of principal Act changed
1: As from the commencement of this section, the principal Act is called the Health Sector (Transfers) Act 1993
2: The Short Titles of the principal Act and of the Health Reforms (Transitional Provisions) Amendment Act 1997 Health Reforms (Transitional Provisions) Health Sector (Transfers)
3: As from the commencement of this section, every reference in any enactment and in any document to the Health Reforms (Transitional Provisions) Act 1993 Health Sector (Transfers) Act 1993
5: Interpretation
1: Section 2(1) Residual Health Management Unit transferee transferor RHMU section 57 of the New Zealand Public Health and Disability Act 2000 transferee
a: the Crown (whether or not acting through a Government department):
b: a publicly-owned health and disability organisation:
c: a subsidiary of a publicly-owned health and disability organisation:
d: a person declared under subsection (6) transferor
a: the Crown (whether or not acting through a Government department):
b: a publicly-owned health and disability organisation:
c: a subsidiary of a publicly-owned health and disability organisation:
d: Health Benefits Limited:
e: in relation to any assets or liabilities that are transferred for a second or subsequent time, includes the transferee to whom those assets or liabilities have previously been transferred: .
2: Section 2(1) Crown endowment
a: for the purpose of providing an income derived from that land—
i: for hospital purposes (such as for the maintenance of a hospital); or
ii: for the purposes of any health services or disability support services or both; or
b: for the purposes of establishing, or providing a site for, a hospital or like institution; or
c: for hospital purposes; or
d: for the purposes of any health services or disability support services or both; or
e: for any or all of the purposes described in paragraphs (a) to (d) Crown endowment land
a: is vested in the DHB as a Crown endowment; and
b: was either—
i: granted by the Crown to the DHB or to any of its predecessors in title; or
ii: vested in the DHB or in any of its predecessors in title by or pursuant to any Act, Provincial Ordinance, grant, or Order in Council; and
c: was not land that, before it was granted to, or vested in, the DHB or any of its predecessors in title, had been given to the Crown, whether in trust or otherwise; and
d: is not a public reserve within the meaning of the Reserves Act 1977
e: is not, except for being held as a Crown endowment, land that is held in trust for a particular purpose; and
f: is not, except for being held as a Crown endowment, land in respect of which special provision is made by any Act or Provincial Ordinance Crown entity section 2(1) of the Public Finance Act 1989 Health Benefits Limited Companies Act 1993 predecessor in title publicly-owned health and disability organisation .
3: Section 2(1) paragraph (f) transfer section 22
4: Section 2 subsection (2)
2: Unless the context otherwise requires, terms defined in section 6(1) of the New Zealand Public Health and Disability Act 2000
5: Section 2
6: The Governor-General may, by Order in Council made on the recommendation of the Minister, declare any person to be a transferee for the purposes of this Act.
6: New
section 2A The principal Act is amended by inserting, after section 2
2A: Purposes of this Act
The purposes of this Act are as follows:
a: to provide for assets, liabilities, or functions within the public health and disability sector to be transferred to the Crown or to certain specified bodies within that sector:
b: to provide for the effect and the consequences of—
i: transfers, in accordance with this Act, of assets, liabilities, or functions within the public health and disability sector:
ii: sales or other dispositions of land by DHBs:
c: to permit DHBs, subject to specified conditions, to sell or dispose of land that is subject to trusts or certain other restrictions.
7: Application of transfer to third parties
Section 6(1) sections 4, 5, and 22 sections 4 and 5
8: New heading substituted
The principal Act is amended by omitting the heading Assets Held in Trust section 10 Assets held in trust or subject to restrictions
9: Assets to remain subject to trusts
Section 10 section 11 sections 11 to 11D
10: New
sections 11A to 11H The principal Act is amended by inserting, after section 11
11A: Power of DHB to deal with trust land
1: Subject to subsections (2) to (6) clause 43 of Schedule 3 of the New Zealand Public Health and Disability Act 2000
2: The proceeds of any sale effected pursuant to subsection (1) subsection (1)
3: Nothing in this section applies to—
a: any public reserve within the meaning of the Reserves Act 1977
b: any Crown endowment land.
4: In respect of any land held in trust, the power of sale conferred by subsection (1)
5: Any question as to whether subsection (4)
6: No mortgage or charge given by a DHB in respect of any land that is held in trust for any purpose may contain or imply any power of sale of the land, whether or not the mortgage or charge purports to do so. 1983 No 134 ss 75, 77(3)
11B: Power of Minister of Health to cancel Crown endowment
1: The Minister of Health may, by written notice given to a DHB, declare that any land vested in the DHB (being land that the Attorney-General has, by written notice to the Minister of Health, declared to be Crown endowment land) is no longer subject to the Crown endowment.
2: Where a notice is given by the Minister of Health under subsection (1)
a: ceases to be subject to the Crown endowment; and
b: subject to clause 43 of Schedule 3 of the New Zealand Public Health and Disability Act 2000
3: The Attorney-General may declare any land vested in a DHB to be Crown endowment land for the purposes of subsection (1)
a: the purpose of the Crown endowment can no longer be attained or ascertained:
b: it is uncertain whether the land is Crown endowment land.
11C: Power of DHB to apply proceeds of sale of Crown endowment land
1: Subject to subsection (2)
a: for the purposes of any health services or disability support services, or both, provided by the DHB; or
b: for any purpose for which the DHB may lawfully apply its own property.
2: The power conferred by subsection (1)
3: A notice may be given under subsection (2)
a: the purpose of the Crown endowment can no longer be attained or ascertained:
b: it is uncertain whether the land sold was Crown endowment land.
11D: Saving in respect of
Charitable Trusts Act 1957 Nothing in this Act prevents a DHB from exercising the rights conferred on trustees by Part III of the Charitable Trusts Act 1957
11E: Health sector reserves
1: In this section, health sector reserve Reserves Act 1977
2: Every health sector reserve is deemed to be classified, under the Reserves Act 1977
3: Every health sector reserve may be transferred under this Act to any transferee, whether or not the transferee is in the health and disability sector.
4: Every transferee to whom a health sector reserve is transferred under this Act is an administering body under the Reserves Act 1977 in respect of that reserve, except that neither section 25(3) of that Act Part IV of that Act
5: A transferee outside the health and disability sector to whom a health sector reserve is transferred under this Act must, as soon as practicable, promote either of the following:
a: an appropriate change of classification or purpose of the health sector reserve under the Reserves Act 1977
b: the revocation, under that Act, of the reservation of the health sector reserve as a reserve.
6: If the reservation of any health sector reserve is revoked under the Reserves Act 1977
a: remains vested in the transferee; and
b: is subject to any reservations or trusts affecting that land arising from Acts (other than the Reserves Act 1977
c: is subject to clause 3 of the First Schedule
d: is subject to any valid leases, rights, easements, or interests subsisting over that land at the date of the revocation.
7: Despite the Reserves Act 1977
8: The granting of a lease or licence under subsection (7)
a: if granted by a publicly-owned health and disability organisation or a subsidiary of such an organisation, clause 43 of Schedule 3 clause 28 of Schedule 6 of the New Zealand Public Health and Disability Act 2000
b: if granted by a transferee that is not a publicly-owned health and disability organisation or a subsidiary of such an organisation, clause 43 of Schedule 3 of the New Zealand Public Health and Disability Act 2000
9: Any payment under a lease or licence over a health sector reserve may be paid to the transferee in whom the reserve is vested, and may be applied for the purposes of the transferee.
10: To avoid any doubt, nothing in this Act permits the Minister to alter the status of a health sector reserve without complying with all processes required by the Reserves Act 1977
11F: Saving in respect of
Public Works Act 1981 Nothing in sections 11A to 11E clause 3 of the First Schedule
11G: Saving in respect of
Waikato Raupatu Claims Settlement Act 1995 Ngai Tahu Claims Settlement Act 1998 Nothing in sections 11A to 11E
a: section 11 of the Waikato Raupatu Claims Settlement Act 1995
b: Part 9 of the Ngai Tahu Claims Settlement Act 1998
11H: Part IVA of Conservation Act 1987
1: Subject to subsections (2) to (5) Part IVA of the Conservation Act 1987
2: The provisions of Part IVA of the Conservation Act 1987
a: is land that,—
i: before being transferred to, or vested in, the transferee under this Act or the New Zealand Public Health and Disability Act 2000
ii: is being sold or disposed of to the donor of the land or to the successor of the donor of the land (being the person who would have been entitled to the land under the will or intestacy of the donor had the donor owned the land at the date of the donor's death); or
b: is land acquired by the transferee other than land acquired by virtue of—
i: the operation of section 95 of the New Zealand Public Health and Disability Act 2000
ii: a transfer under this Act; or
c: is land being transferred to or vested in the Crown.
3: Despite subsection (1) section 24D of the Conservation Act 1987 Land Transfer Act 1952 subsection (4)
4: The certificate required by subsection (3)
a: be signed by the chief executive of the transferee by which the disposition is being effected; and
b: certify that the disposition is one to which Part IVA of the Conservation Act 1987
c: state the action that the Registrar-General of Land is required to take under section 24D of the Conservation Act 1987
d: specify the certificate of title upon which the Registrar-General of Land is to record the statements required by section 24D of the Conservation Act 1987
5: Nothing in this section limits the provisions of clause 6 of the First Schedule
11: Repeal of
sections 16 to 22 The principal Act is amended by repealing sections 16 to 22
12: Amendment to
Schedule 1 Schedule 1 clause 3
3: Modification of provisions of
Public Works Act 1981
1: In this clause, public work land
a: on 10 May 1993 was subject to sections 40 to 42 of the Public Works Act 1981
b: has on 1 or more occasions been transferred by or under this Act.
2: Sections 40 to 42 of the Public Works Act 1981
a: is held by a transferee (regardless of whether or not those purposes are the purposes for which the land was acquired under the Public Works Act 1981
i: for the purposes of the transferee; or
ii: to enable the transferee to prepare for the disposal of the land; or
iii: to enable the transferee to determine whether to transfer or hold the land for any purpose referred to in this subclause; or
b: is transferred under this Act to enable another transferee to hold the land for any of the purposes specified in paragraph (a)
c: is held under a lease or licence granted by a transferee to any person other than a transferee for health-related purposes or, with the consent of the Minister, for any other purpose.
3: If any public work land is not held or transferred in accordance with subclause (2), sections 40 and 41 of the Public Works Act 1981
4: When subclause (3) subclause (5)
a: within 40 working days following an offer made, under section 40(2) of the Public Works Act 1981
b: an offer under section 40 of that Act
5: A transferee and a person who is entitled, or may become entitled, to receive an offer under section 40(2) of the Public Works Act 1981
6: An agreement under subclause (5) section 40(2) of the Public Works Act 1981
13: Validation of use of public work land for purposes not related to health
In any case where, before the commencement of this section, any public work land (within the meaning of clause 3
a: clause 3(2)(c) section 12
b: the Minister had consented, under that clause, to that use.
14: Orders in Council transferring assets or liabilities in December 2000
Before the commencement of section 5 section 5 section 2 section 5 section 5


Modern Apprenticeship Training Act 2000

1: Title
This Act is the Modern Apprenticeship Training Act 2000.
1: Preliminary provisions
2: Commencement
This Act comes into force on 1 January 2001.
3: Purpose of this Act
The purpose of this Act is to encourage and help people (especially those aged 16 years or older, but younger than 22 years) to take up and complete apprenticeship training.
4: Interpretation
In this Act, unless the context otherwise requires,— apprentice apprenticeship co-ordinator
a: means a body corporate, person, or body of persons, with whom the Commission
b: in relation to a funding agreement, means the apprenticeship co-ordinator or co-ordinators concerned apprenticeship training section 5 apprenticeship training agreement
a: between an employee and his or her employer that relates to the employee's receiving, or provides for the employee to receive, apprenticeship training; or
b: between an apprenticeship co-ordinator and a person employed by the co-ordinator that relates to the person's receiving, or provides for the person to receive, apprenticeship training approved code of practice
a: approved by the Minister under section 20(1)(a)
b: issued by the Minister under section 20(1)(b) Commission section 159C employed employment agreement section 5 funding agreement
a: means a written agreement between the Commission
i: to perform, in respect of an industry or industries described in the agreement, the functions and duties stated in sections 15 to 17
ii: to receive money from the Commission
b: in relation to an apprenticeship co-ordinator, means the funding agreement the apprenticeship co-ordinator has entered into industry
a: similar inputs and methods of production to produce similar products; or
b: similar methods to provide similar services ITO section 2 Minister national qualification National Qualifications Framework section 253(1)(c) Qualifications Authority Part 20 similar skills Section 4 Agency repealed 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 4 apprenticeship co-ordinator amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 4 Commission inserted 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 4 funding agreement amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 4 funding agreement amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002
5: Apprenticeship training defined
For the purposes of this Act, apprenticeship training
a: provided for a person who is working in the industry while undertaking the training; and
b: provided partly or wholly where the person works, and—
i: if the person is not employed by an apprenticeship co-ordinator, mainly by or on behalf of the person's employer; but
ii: if the person is employed by an apprenticeship co-ordinator, mainly by or on behalf of persons with whom the co-ordinator has arranged the training; and
c: provided under an agreement between the person and his or her employer; and
d: intended to lead to the person's completing, or becoming competent to complete, a national qualification in the skills of the industry.
6: Apprenticeship training agreements to have effect as employment agreements
An apprenticeship training agreement must be treated for all purposes as part of the employment agreement between the employee and employer concerned. 1992 No 55 s 3
7: Approved code of practice to be taken into account by mediation personnel, Employment Relations Authority, and Employment Court
In exercising or performing, in relation to a matter concerning an apprentice, any power or function under the Employment Relations Act 2000
a: every person providing mediation services under that Act:
b: the Employment Relations Authority:
c: the Employment Court.
8: Crown bound
This Act binds the Crown.
2: Apprenticeship training
Commission's Heading amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002
9: Commission's The Commission's Section 9 heading amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 9 amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002
10: Requirements relating to funding agreements
1: In determining whether to enter into a funding agreement, the Commission
a: have regard to the desirability of avoiding unnecessary duplication of effort (in light of the existence of other funding arrangements
b: consult the Qualifications Authority.
2: A funding agreement must—
a: specify agreed levels of performance for the apprenticeship co-ordinator or co-ordinators (or prospective apprenticeship co-ordinator or co-ordinators) concerned; and
b: provide for the variation, suspension, and termination, of funding or of the funding agreement or of both, if the specified levels of performance are not achieved. Section 10(1) amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 10(1)(a) amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002
11: ITOs may be apprenticeship co-ordinators
1: Nothing in this Act prevents an ITO from entering into a funding agreement with the Commission
2: An ITO may agree with the Commission sections 15 to 17 Industry Training Act 1992 Section 11(1) amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 11(2) amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002
12: Additional functions of
Commission The Commission
a: to develop and recommend to the Minister a code of practice, in accordance with section 23
b: to make the approved code of practice available, in accordance with section 27
c: to monitor apprenticeship co-ordinators' performance to ensure they comply with—
i: the funding agreement; and
ii: the approved code of practice:
d: to try to find a new employer with whom an apprentice can complete his or her apprenticeship training, if it becomes aware that—
i: it is impracticable for the apprentice to complete his or her apprenticeship training with an employer; and
ii: the apprenticeship co-ordinator who arranged the apprentice's apprenticeship training cannot, for any reason, find a new employer for the apprentice to complete his or her apprenticeship training with:
e: to administer and disburse public money appropriated by Parliament for the purpose of apprenticeship training. Section 12 heading amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 12 amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002
13: Commission
1: To determine the extent to which the agreed levels of performance specified in a funding agreement are being or have been met, the Commission Commission
2: The apprenticeship co-ordinator must take all reasonable steps to comply with the notice.
3: This section does not affect any power the Commission Commission 1992 No 55 s 12 Section 13 heading amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 13(1) amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 13(3) amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002
14: Commission's Sections 9 to 13 Commission Section 14 heading amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 14 amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Apprenticeship co-ordinators' functions, duties, and liabilities
15: Co-ordinators' functions
1: An apprenticeship co-ordinator has the following functions:
a: to promote apprenticeship training generally:
b: to identify potential apprentices, and persons who could offer apprenticeship training to current employees, new employees, or apprentices employed by the co-ordinator:
c: to arrange for potential apprentices training or employment intended to lead to apprenticeship training for them:
d: to help people enter into apprenticeship training agreements:
e: if the co-ordinator employs or is to employ apprentices, to arrange with persons for apprenticeship training to be provided to the apprentices by or on behalf of those persons, on terms and conditions mutually acceptable to the co-ordinator and those persons.
2: A co-ordinator helping a person ( A
a: advise A that, if A is unsure about the effect or implications of the agreement, he or she should not enter into it without first seeking advice about doing so from an independent person (for example, a parent, guardian, caregiver, or lawyer); and
b: give A a reasonable opportunity to seek that advice.
16: Additional functions of co-ordinators
1: An apprenticeship co-ordinator also has the following functions:
a: to produce and facilitate the implementation of individual training plans under and consistent with an apprentice's apprenticeship training agreement:
b: to take all reasonably practicable steps to ensure that there are in place, and operate effectively, systems to monitor apprenticeship training so as to ensure that it leads to apprentices' attaining within a time that is reasonable in all the circumstances the levels of skills necessary to have completed or become competent to complete a national qualification in the skills of the industry or industries concerned:
c: to ensure, so far as is reasonably practicable, that apprenticeship training, and every apprenticeship training agreement, is consistent with the approved code of practice:
d: to support apprentices not employed by the co-ordinator—
i: by giving them advice; and
ii: by helping them to resolve problems in their apprenticeship training as those problems arise (including, if necessary, trying to arrange for an apprentice to complete his or her apprenticeship training with some other employer).
2: In performing functions under subsection (1)(a), the co-ordinator must consult the apprentice and,—
a: if the co-ordinator does not employ the apprentice, the apprentice's employer; or
b: if the co-ordinator does employ the apprentice, any persons with whom the co-ordinator has arranged or may arrange apprenticeship training for the apprentice.
17: Matters co-ordinators to have regard to
In performing any of their functions or duties under this Act, apprenticeship co-ordinators must—
a: have regard to every part of the approved code of practice that affects the nature or performance of that function or duty:
b: have regard to current training and education activities in the industry or industries in which they are performing those functions or duties:
c: have particular regard to the needs of Maori, the Pacific Islands peoples of New Zealand, people with disabilities, and women.
18: Co-ordinators' liabilities
1: Apprenticeship co-ordinators have no civil liability for any act or thing they do or omit to do, in good faith, in performing or purporting to perform any of their functions or duties under this Act.
2: Subsection (1) does not prevent the Commission
3: Subsection (1) does not affect any liability of a co-ordinator that arises by virtue of the fact that the co-ordinator is or has been an employer of an apprentice. Section 18(2) amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Application of Health and Safety in Employment Act 1992
19: Application of Health and Safety in Employment Act 1992
1: This section applies to an apprentice receiving apprenticeship training from some other person under an arrangement between the apprentice's employer and the other person.
2: The Health and Safety in Employment Act 1992
3: Subsection (2) does not affect the application of the Health and Safety in Employment Act 1992
3: Code of practice
Approval of code of practice
20: Minister may approve code
1: The Minister may, by notice in the Gazette
a: approve a code of practice recommended by the Commission section 23
b: in the circumstances stated in section 25 Commission
2: Before approving a code of practice under subsection (1)(b), the Minister may consult any people or organisations that the Minister thinks appropriate.
3: The notice may, instead of setting out the code of practice being approved or issued,—
a: give enough information to identify it; and
b: state when it comes into force and where copies of it may be obtained. Section 20(1)(a) amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 20(1)(b) amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002
21: Purpose of code
The purpose of a code of practice is to offer guidance, consistent with this Act, about the responsibilities relating to apprenticeship training of apprenticeship co-ordinators, employers, and apprentices.
22: Content of code
1: A code of practice may include material relating to—
a: identifying potential apprentices, and persons who could offer apprenticeship training to current employees, new employees, or apprentices employed by an apprenticeship co-ordinator:
b: apprenticeship co-ordinators' duties, or minimum standards of conduct apprenticeship co-ordinators must observe, in relation to apprenticeship training:
c: duties, or minimum standards of conduct, relating to apprenticeship training that, for any reason, employers or apprentices should or should not agree to perform or observe:
d: arrangements for apprenticeship training that apprenticeship co-ordinators, employers, or apprentices should for any reason prefer or avoid:
e: practices in apprenticeship training that apprenticeship co-ordinators, employers, or apprentices should for any reason prefer or avoid:
f: the independent mediation of disputes relating to apprenticeship training arising between apprenticeship co-ordinators and employers, or apprenticeship co-ordinators and apprentices not employed by those co-ordinators.
2: A code of practice may include different provisions in respect of, or provisions that apply to 1 only of,—
a: apprenticeship training where the apprentice is not employed by an apprenticeship co-ordinator:
b: apprenticeship training where the apprentice is employed by an apprenticeship co-ordinator.
3: Subsections (1) and (2) do not limit section 21
23: Development and recommendation of code
1: The Commission
a: as requested by the Minister; and
b: within any time (including any extension of time) specified by the Minister.
2: In developing the code, the Commission
a: may consult any people and organisations it considers appropriate; and
b: must consult any people and organisations the Minister directs. Section 23(1) amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 23(2) amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002
24: Minister may decline to approve code recommended
The Minister may, instead of approving a code of practice recommended by the Commission
a: decline to approve the code; or
b: decline to approve the code, but refer it back to the Commission Section 24 amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 24(b) amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002
25: Minister may issue other code
The Minister may issue a code of practice under section 20(1)(b)
a: the Commission section 23(1)(b)
b: the Minister declines to approve a code of practice recommended by the Commission Section 25(a) amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 25(b) amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Provisions relating to approved code of practice
26: When approved code comes into force
The approved code of practice comes into force—
a: on the 28th day after the date on which it is issued or approved in the Gazette
b: on any later date specified in it.
27: Availability of approved code
1: The Commission Commission
2: The Commission
a: giving a person a copy of the approved code of practice; or
b: allowing a person to use the Commission's
3: Subsection (2)(b) does not require the Commission Commission's Section 27(1) amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 27(2) amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 27(2)(b) amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 27(3) amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002
28: Proof of approved code
1: A code of practice that appears to have been approved or issued under section 20(1)
2: Subsection (1) does not limit any method of proof of the approved code of practice.
29: Application of Legislation Act 2012 to approved code
The approved code of practice is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 section 41 Section 29 replaced 5 August 2013 section 77(3) Legislation Act 2012
30: Amendment, revocation, and replacement of approved code
The approved code of practice may be amended, or revoked, or revoked and replaced, in the same manner as it was approved or issued, and sections 20 to 29


1: Title
This Act is the New Zealand/Singapore Closer Economic Partnership Act 2000.
2: Commencement
This Act comes into force on 1 January 2001.
1: Amendments to Dumping and Countervailing Duties Act 1988
3: Dumping and Countervailing Duties Act 1988 called principal Act in this Part
In this Part, the Dumping and Countervailing Duties Act 1988 the principal Act
4: New section 3BA inserted
The principal Act is amended by inserting, after section 3B
3BA: Meaning of goods of Singaporean origin
For the purposes of this Act, goods of Singaporean origin
5: Termination of investigations
1: Section 11(2)
a: in the case of dumping, the margin of dumping is,—
i: in the case of goods of Singaporean origin, less than 5% (expressed as a percentage of the export price); or
ii: in the case of goods of any other origin, less than 2% (expressed as a percentage of the export price); or.
2: Section 11
2A: For the purposes of subsection (2)(c), in applying Article 5.8 of the Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade 1994, annexed to the WTO Agreement, in relation to goods of Singaporean origin,—
a: the first reference in Article 5.8 to 3 per cent 5 per cent
b: accordingly, if the volume of goods of Singaporean origin dumped is found to account for less than 5% of the total imports of like goods into New Zealand, the volume of goods dumped must normally be regarded as negligible.
6: Anti-dumping and countervailing duties
1: Section 14(9) 5 years the specified period
2: Section 14
9A: In subsection (9), specified period
a: in the case of goods of Singaporean origin, 3 years; and
b: in the case of goods of any other origin, 5 years.
2: Amendment to Engineers Registration Act 1924
7: Engineers Registration Act 1924 called principal Act in this Part
In this Part, the Engineers Registration Act 1924 is called the principal Act
8: Qualifications of applicants for registration as engineers
Section 6 of the principal Act is amended by adding the following subsection:
3: For the purposes of subsection (1), a person who is ordinarily resident in Singapore must be treated as being ordinarily resident in New Zealand.
3: Amendment to Tariff Act 1988
9: Tariff Act 1988 called principal Act in this Part
In this Part, the Tariff Act 1988 the principal Act
10: New section 7A inserted
The principal Act is amended by inserting, after section 7
7A: Application of Tariff to goods of Singaporean origin
The rate of duty of Free applies under the Tariff to all goods being the produce or manufacture of Singapore.


1: Title
1: This Act is the Student Loan Scheme Amendment Act (No 2) 2000.
2: In this Act, the Student Loan Scheme Act 1992 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Amendments to principal Act
3: Sections 4 to 12 and 15 apply on and from 2000/01 income year
Sections 4 to 12 15
4: Interpretation
1: Section 2 collection
2: Section 2 administration collection
5: Repayment obligation for borrowers who are non-resident for part of income year
Section 35(2)
b: interest may be written off under sections 38A to 40
c: for the purpose of calculating an interest write-off under section 38B section 38B(1)(b) $24,596 × d/365 where d is the number of days in the period that the borrower is or was a resident.
6: New headings and sections 38A to 41 substituted
The principal Act is amended by repealing sections 39 to 41 section 39 Full interest write-off
38A: Full interest write-off for full-time, full-year students
1: A borrower is entitled to the full interest write-off in section 38C
a: of at least 32 weeks in duration in any 52-week period that ended during the income year; and
b: at least 80% of equivalent full-time study, as determined in accordance with the formula used for the purposes of the Education Act 1989
2: The conditions in section 38D
3: This section is subject to section 13 of the Student Loan Scheme Amendment Act (No 2) 2000
38B: Full interest write-off for part-time or part-year students
1: A borrower is entitled to the full interest write-off in section 38C
a: undertook a course of study approved under section 258 of the Education Act 1989 section 38A
b: had net income of $24,596 or less.
2: The conditions in section 38D
3: This section is subject to section 13 of the Student Loan Scheme Amendment Act (No 2) 2000
38C: Amount of full interest write-off
When section 38A or section 38B
a: the amount of interest calculated on the borrower's IRD loan balance at the total interest rate in respect of the income year; and
b: if the borrower had, under section 4
38D: Conditions for full-interest write-off
1: The full interest write-off in section 38C
a: if the borrower either completed the course, or did not complete the course but did not receive a refund of all or part of his or her tuition fee; and
b: in respect of a period for which the borrower is or was a resident; and
c: in respect of an income year in respect of which the borrower has given to the Commissioner such information as the Commissioner may reasonably require to determine the course of study undertaken by the borrower in that income year.
2: In addition, the full interest write-off applies to part-time or part-year students referred to in section 38B Base interest write-off
39: Base interest write-off where income below repayment threshold
1: This section applies in respect of an income year in which—
a: the net income of a borrower is less than or equal to the repayment threshold; and
b: the borrower is not entitled to an interest write-off under section 38A or section 38B
2: When this section applies, the following amounts of interest must be reduced to zero:
a: the amount of interest calculated on the borrower's IRD loan balance at the base interest rate in respect of the income year; and
b: if the borrower had, under section 4
3: This section is subject to section 41
4: Subsection (2) is subject to section 13 of the Student Loan Scheme Amendment Act (No 2) 2000 Interest reduction
40: Interest reduction where base interest exceeds 50% of repayment obligation
1: This section applies in respect of an income year in which—
a: the interest chargeable on a borrower's IRD loan balance at the base interest rate exceeds the amount that is 50% of the borrower's repayment obligation; and
b: the borrower is not entitled to an interest write-off under any of sections 38A to 39
2: When this section applies,—
a: if the borrower did not have, under section 4
b: if the borrower had, under section 4
i: the amount of interest calculated on the borrower's IRD loan balance at the base interest rate in respect of the income year; and
ii: any amount of interest calculated on that loan balance at the base interest rate in respect of a previous income year.
3: This section is subject to section 41
4: Subsection (2) is subject to section 13 of the Student Loan Scheme Amendment Act (No 2) 2000
41: Conditions for base interest write-off
The base interest write-off in section 39 section 40
a: a period for which the borrower is or was a resident; and
b: an income year in respect of which the borrower has given to the Commissioner a return of taxable income, or has responded to an income statement or other return prescribed by the Commissioner for the purpose of this section.
7: New section 50 substituted
The principal Act is amended by repealing section 50
50: Priority of payments
1: Fifty percent of any payment in respect of a repayment obligation must be off-set—
a: first, against any interest adjustment interest charged; and
b: secondly, against any principal outstanding.
2: The other 50% of the payment must be off-set—
a: first, against any base interest charged; and
b: secondly, against any interest adjustment interest charged; and
c: thirdly, against any principal outstanding.
8: New section 55 substituted
The principal Act is amended by repealing section 55
55: Power of Commissioner to write off base interest payable by non-resident
1: The Commissioner may write off, in whole or in part, the interest chargeable on a borrower's IRD loan balance at the base interest rate if, for an income year, the Commissioner—
a: has, in accordance with section 54
b: is satisfied that—
i: the borrower is a non-resident who, in that income year, is or has been engaged in full-time study outside New Zealand; and
ii: payment of the base interest chargeable for any period during which the borrower was, in the income year, engaged in full-time study outside New Zealand has caused or would cause serious hardship to the borrower.
2: This section applies—
a: despite section 41
b: only for an income year in which the borrower has not, under section 4
9: New section 59 substituted
The principal Act is amended by repealing section 59
59: Appropriation of refunds
A refund of repayment obligation or interest that has been paid in excess of the amount required under this Act may be made without further appropriation than this section.
10: Changes in balance dates producing income year other than 12 months
Section 61 ; and
c: for the purpose of calculating an interest write-off under section 38B section 38B(1)(b) $24,596 × b/365
11: Disclosure of information
1: Section 62
1A: For the purposes of subsection (2)(ab) and section 81(4)(g) of the Tax Administration Act 1994 authorised person
2: Section 62(2)
ab: an authorised person from disclosing to another authorised person the information specified in subsection (2AA) for the purpose of enabling the Commissioner to determine a borrower's entitlement to a full interest write-off under section 38A or section 38B
3: Section 62
2AA: For the purposes of subsection (2)(ab), the information that may be disclosed is—
a: the borrower's name, date of birth, and student identification number:
b: the duration of the course or courses of study undertaken by the borrower, and the percentage of equivalent full-time study of the course or courses (as determined in accordance with the formula used for the purposes of the Education Act 1989
c: whether the borrower completed the course or courses of study and, if not, whether the borrower received a refund of all or part of his or her tuition fee:
d: the identification number of the provider of the course or courses of study undertaken by the borrower:
e: the tax file number of the borrower:
f: any other particulars that the Commissioner considers relevant to the purposes of subsection (2)(ab).
12: Regulations
1: Section 87(1)
ba: amending the income amount used in sections 35(2), 38B(1)(b), and 61(c) .
2: Section 87(4) or subsection (1)(b) or subsection (1)(ba)
13: Transitional provision relating to interest write-offs for 2000/01 income year
Sections 38A to 41 section 6
a: 1 January 2000 on money advanced to a borrower under a student loan contract entered into on or after that date; and
b: 1 April 2000 on money advanced to a borrower under a student loan contract entered into before 1 January 2000.
2: Amendments to other Acts
Amendments to Tax Administration Act 1994
14: Tax Administration Act 1994 called principal Act in sections 15 to 17
In sections 15 to 17 Tax Administration Act 1994 the principal Act
15: Annual income tax returns not required
Section 33A(1)
g: is a person who, in an income year, has a nil IRD loan balance on the last day of the year; and
h: is not eligible to receive a full interest write-off under section 38B of the Student Loan Scheme Act 1992
i: is not eligible to receive a base interest write-off or reduction under section 39 or section 40 of the Student Loan Scheme Act 1992
16: Officers to maintain secrecy
Section 81(4)(g) subsection (2) , (2AA),
17: New section 85D inserted
The principal Act is amended by inserting, before section 86
85D: Ministry of Education to provide information as to study status of student loan borrowers
1: The purpose of this section is to facilitate the exchange of information between the Ministry and the Department for the purpose of verifying borrowers' entitlements to a full interest write-off under sections 38A and 38B of the Student Loan Scheme Act 1992
2: For the purpose of this section, the Secretary of Education, or any authorised officer of the Ministry, must,—
a: No later than the seventh working day in April in each year, provide the Commissioner with such of the information specified in subsection (3) that is requested by the Commissioner in respect of each borrower who has undertaken a course of study during a period that ended during the immediately preceding income year; and
b: within 7 working days of a request by the Commissioner, provide the Commissioner with such of the information specified in subsection (3) that is requested by the Commissioner in respect of any particular borrower who has undertaken a course of study.
3: For the purposes of subsection (2), the information that may be provided is—
a: the name, student identification number, and date of birth of the borrower:
b: the duration of the course or courses of study undertaken by the borrower, and the percentage of equivalent full-time study of the course or courses (as determined in accordance with the formula used for the purposes of the Education Act 1989
c: whether the borrower completed the course or courses of study and, if not, whether the borrower received a refund of all or part of his or her tuition fee:
d: the identification number of the provider of the course or courses of study undertaken by the borrower:
e: the tax file number of the borrower (if known):
f: any other particulars that the Commissioner considers relevant to the purpose of this section.
4: On receiving information from the Ministry under this section, the Commissioner may cause a comparison of the information to be made with the information held by the Commissioner that relates to that borrower in order to determine whether he or she is entitled to a full interest write-off under section 38A or section 38B of the Student Loan Scheme Act 1992
5: Despite section 81 Privacy Act 1993
6: In this section,— authorised officer of the Ministry borrower section 2 of the Student Loan Scheme Act 1992 Ministry Amendment to Privacy Act 1993
18: Schedule 3 of Privacy Act 1993 amended
Schedule 3 Privacy Act 1993 Tax Administration Act 1994 , and 85D


Social Security Amendment Act 2001

1: Title
1: This Act is the Social Security Amendment Act 2001.
2: In this Act, the Social Security Act 1964 the principal Act
2: Commencement
1: Parts 1 2
2: Part 3 Schedule
3: The rest of this Act comes into force on the day after the date on which the Act receives the Royal assent.
3: Purpose
The purpose of this Act is to amend the Social Security Act 1964
a: remove the requirement that work-tested beneficiaries undertake community work; and
b: provide that activity in the community and voluntary work will be options that work-tested beneficiaries may undertake; and
c: disestablish the community wage, and re-establish an unemployment benefit and a non-work-tested sickness benefit; and
d: change the work test so that it focuses, through job seeker agreements, on assisting work-tested beneficiaries to gain employment; and
e: simplify the sanctions regime for failure to comply with the work test and related obligations; and
f: abolish the work capacity assessment process; and
g: increase the income thresholds for eligibility for the disability allowance.
4: Sections 47 to 51 and heading repealed
1: The principal Act is amended by repealing sections 47 to 51 section 47
2: The principal Act is consequentially amended by repealing sections 12J(3) 53A(1)(bb) 132E
3: The Social Security Amendment Act 1998 sections 15(1) 16(1) (4) 17
1: Amendments to principal Act coming into force on 1 April 2001
5: General specification of organised activities
1: Section 110(3)(f) (including community work)
2: Section 110(3) paragraph (h)
ha: participation in a recognised community activity
i: activity in the community
ii: voluntary work
6: Direction to participate in organised activity
1: Section 111(1) activities (other than a recognised community activity)
2: Section 111 subsection (1)
1A: The chief executive may request a person to whom the work test applies to participate in a recognised community activity if the chief executive considers that the activity—
a: would, or is likely to, assist the person improve his or her prospects for employment; and
b: is suitable for the circumstances of that person.
7: Penalties for failure to participate in organised activity
Section 116 subsection (1)
1A: Paragraphs (a) and (b) of subsection (1)
8: Penalties for failure to participate in organised activity to satisfaction of chief executive
Section 118 subsection (1)
1A: Subsection (1)
9: Application of Health and Safety in Employment Act 1992 and Human Rights Act 1993
1: Section 123C(1) undertakes any work (other than voluntary work)
2: Section 123C subsection (1)
1A: Except as provided in subsection (1)
10: Amendments to Social Security (Participation Allowance) Regulations 1998
1: Regulations 3 4 Schedule Social Security (Participation Allowance) Regulations 1998 organised
2: The Schedule Social Security (Participation Allowance) Regulations 1998 An activity in the community (as defined in the Act).
3: The Schedule Social Security (Participation Allowance) Regulations 1998 was required had undertaken
2: Further amendments to principal Act coming into force on 1 April 2001
11: Rates of benefits, etc, may be increased by Order in Council
Section 61H(1) paragraph (a)
aa: amend section 69C(1)(c)
12: Disability allowance
Section 69C(1)(c)
a: omitting the word it the income less 4.25% of that income
b: omitting the words any one of the benefits referred to in paragraph (a) of this subsection an invalid's benefit
3: Amendments to principal Act coming into force on 1 July 2001
Consequential amendments to definitions
13: Interpretation
1: Section 3(1) paragraph (a) benefit of this Act or Part 2
2: Section 3(1) paragraph (aa) benefit
3: Section 3(1) paragraph (a) income-tested benefit
a: an unemployment benefit:
aa: a sickness benefit:
4: Section 3(1) paragraph (a) work-test married rate a community wage an unemployment benefit or a sickness benefit
5: Section 3(1) paragraph (a) work-tested beneficiary
a: a person granted an unemployment benefit; or
6: Section 3(1) paragraph (a) work-tested benefit
a: an unemployment benefit; or
7: Section 3(1) paragraph (e) work-tested benefit includes a sickness benefit,
8: Section 3(1) work-tested spouse a community wage earner, or a person granted a person granted an unemployment benefit, a sickness benefit, or
9: Section 3(1) community wage community wage earner job seeker contract organised activity Re-establishment of sickness benefit
14: New sections 54 to 54F inserted
The principal Act is amended by inserting, after the heading Sickness Benefits section 53A
54: Sickness benefit: standard eligibility requirements
1: A person is entitled to a sickness benefit if he or she satisfies the criteria in subsections (2), (3), and (4)
a: is not in full-time employment, is willing to undertake it, but because of sickness, injury, or disability is limited in his or her capacity to seek, undertake, or be available for full-time employment; or
b: is in employment, but is losing earnings because, through sickness or injury, he or she is not actually working, or is working only at a reduced level.
2: An applicant for a sickness benefit must be—
a: aged 18 years or over; or
b: aged 16 years or over, be married, and have 1 or more dependent children.
3: An applicant for a sickness benefit must have resided continuously in New Zealand for at least 2 years at any time.
4: An applicant for a sickness benefit must have—
a: No income; or
b: an income of less than the amount that would fully abate the benefit.
5: Nothing in subsection (4)
6: For the purposes of subsection (1)(b)
54A: Sickness benefit: grounds of hardship
1: The chief executive may grant a sickness benefit under section 54 subsections (1) and (2) of that section
a: the person is suffering hardship; and
b: the person is not qualified to receive any other benefit; and
c: the person is unable to earn sufficient income to support the person and his or her spouse and any dependent children.
2: The chief executive may grant a sickness benefit under section 54 section 54(2) subsection (1) of this section
a: is unmarried and aged 16 or 17; and
b: is either pregnant or undergoing treatment in a rehabilitation programme recognised by the chief executive.
54B: Sickness benefit: medical examinations
1: A person who applies for a sickness benefit must include in the application a certificate by—
a: a medical practitioner; or
b: a registered dentist (in respect of a condition that is within the ambit of his or her profession); or
c: a registered midwife (in respect of a pregnancy, childbirth, or any related condition that is within the ambit of his or her profession).
2: The certificate under subsection (1)
a: certify that the applicant's capacity for work is affected by sickness, injury, or disability; and
b: indicate the nature of the sickness, injury, or disability, the extent to which the applicant's capacity for work is affected by it, and the length of time that effect is likely to last; and
c: contain such other particulars as the chief executive may require.
3: The chief executive may at any time require an applicant for a sickness benefit or a sickness beneficiary to submit himself or herself for examination by a medical practitioner or psychologist. The medical practitioner or psychologist must be agreed for the purpose between the applicant or beneficiary and the chief executive or, failing agreement, must be nominated by the chief executive.
4: A medical practitioner or psychologist who conducts an examination under subsection (3)
54C: Sickness benefit: payment
A sickness benefit is paid in respect of a 5-day working week.
54D: Rates of sickness benefit
1: A sickness benefit must be paid to a sickness beneficiary at the appropriate rate in the Ninth Schedule subsection (2)
2: The appropriate rate in the Eighth Schedule Ninth Schedule
a: was a sickness beneficiary immediately before 1 July 1998; and
b: continued to receive that benefit until it was changed to a community wage; and
c: continued to receive the community wage on the grounds of sickness, injury, or disability until the community wage was changed to a sickness benefit; and
d: has continued since then to receive a sickness benefit.
3: If no payment is made under this section in respect of the spouse of a sickness beneficiary, the chief executive may increase the rate of sickness benefit payable to the beneficiary by an amount not exceeding the amount specified in clause 2 of the Ninth Schedule
4: An applicant is entitled to be paid the rate in clause 5 of the Ninth Schedule
a: the application of section 60H
b: a strike, either by himself or herself, or by fellow members of the same union at the same place of employment.
54E: Obligations of spouse of sickness beneficiary
From the time that payment of the sickness benefit commences, the spouse of a person granted a sickness benefit at a work-test married rate must—
a: comply with any request under section 60HA
b: if he or she is a work-tested spouse, comply with the work test.
54F: Transfer from community wage to sickness benefit on 1 July 2001
1: This section applies to a person who, immediately before 1 July 2001, was—
a: in receipt of a community wage on the ground of the person's sickness, injury, or disability; and
b: either—
i: was fulfilling the conditions of entitlement to the community wage on that ground; or
ii: was eligible to be granted a community wage on that ground under former section 90
2: On 1 July 2001, in relation to a person to whom this section applies,—
a: the community wage becomes a sickness benefit as if it were granted under section 54
b: the person ceases to be subject to the work test; and
c: any sanctions to which the person was subject under any of former sections 115, 116, or 118
3: For the avoidance of doubt, the operation of subsection (2)
a: the rate of benefit paid to the person and his or her spouse (if any); and
b: in relation to the person's spouse, any of the following:
i: the requirements of section 54E
ii: any exemption from the work test under section 105
iii: a sanction under any of former sections 115 to 118
4: In this section, former section
15: Consequential amendments relating to sickness benefit
1: The principal Act is consequentially amended by omitting from each of the following provisions the words community wage on the grounds of sickness, injury, or disability sickness benefit
a: section 12J(2)(e)
b: section 53A(1)(ba)
c: section 66(1)
d: the second proviso to section 72(b)
2: Section 53A(1)(ba) person's community wage person's sickness benefit
3: The principal Act is consequentially amended by omitting from each of the following sections the words a community wage an unemployment benefit or a sickness benefit
a: section 61(1)
b: section 61E(1)
c: section 69C(1)(a) (5)(a)
d: section 77(2) (3)
e: section 80BD(3)
4: Section 60FD Sections 92(1) to (3) and 97(3) Section 54B(1) to (3)
5: Section 60FD community wage sickness benefit
6: Section 60H(1) paragraph (c) employment
c: in the case of any other work-tested beneficiary, full-time employment
7: Section 61(1A) a community wage under section 89 a sickness benefit under section 54A or an unemployment benefit under section 90
8: Section 70A(1)(b) subparagraph (iv)
iv: a sickness benefit; or
v: an unemployment benefit; or
9: Section 80B subparagraph (iv) income
iv: a community wage paid before 1 July 2001:
v: a sickness benefit:
vi: an unemployment benefit:
10: The principal Act is consequentially amended by omitting from each of the following provisions the words community wage granted on the grounds of sickness, injury, or disability sickness benefit
a: section 80(5)(c)
b: section 80(14)(a)
c: section 80BA(4)(b)(i)
16: Independent youth benefits: unmarried person
Section 60F(3)(a) employees organisation union Clarifying references to chief executive
17: Independent youth benefits: unmarried persons
Section 60FA(3)(b) chief executive of the Department of Child, Youth and Family Services
18: Independent youth benefits: persons enrolled in full-time course of secondary instruction
Section 60FC(3)(b) chief executive of the Department of Child, Youth and Family Services Re-establishment of unemployment benefit
19: New heading and section 88A substituted
Sections 87 88 2
2: Unemployment benefit and work testing
88A: Interpretation
In this Part, unless the context otherwise requires,— activity in the community job-search activity job seeker agreement section 105A job seeker development activity section 110 recognised community activity voluntary work Unemployment benefit
20: Community wage: standard eligibility requirements
1: Section 89(1) paragraphs (b) (c)
2: Section 89(4)(b) community wage under the appropriate income test referred to in the Ninth Schedule benefit
3: Section 89(5)
a: omitting the words the community wage the benefit
b: omitting the words the wage the benefit
4: Section 89(6)
5: Section 89 a community wage an unemployment benefit
6: The heading to section 89 Community wage Unemployment benefit
21: Community wage: grounds of hardship
1: Section 90(1) 89(1) and (2)
2: Section 90 a community wage an unemployment benefit
3: Section 90
3: Despite section 91 section 89
a: section 60FA(1)(b)
b: the student is married.
4: The heading to section 90 Community wage Unemployment benefit
22: Community wage: ineligibility
1: Section 91(1)(a) 90(2) or (3)
2: Section 91(1) a community wage an unemployment benefit
3: Section 91(1)(b) employees organisation union
4: Section 91(2)
5: The heading to section 91 Community wage Unemployment benefit
23: Sections 92 to 96 repealed
Sections 92 to 96
24: New section 97 substituted
The principal Act is amended by repealing section 97
97: Unemployment benefit: obligations on beneficiaries
1: A person granted an unemployment benefit is subject to the work test from the time that payment of the unemployment benefit commences.
2: From the time that payment of an unemployment benefit commences, the spouse of a person granted an unemployment benefit at a work-test married rate must—
a: comply with a request under section 60HA
b: if he or she is a work-tested spouse, comply with the work test.
25: New section 98 substituted
The principal Act is amended by repealing section 98
98: Unemployment benefit: payment
1: Payment of an unemployment benefit commences in accordance with section 80
2: An unemployment benefit must be paid in weekly instalments, in accordance with section 82
3: An unemployment benefit is paid in respect of a 5-day working week.
4: The days of the week to be included in the working week of a person granted an unemployment benefit are determined by the chief executive after consultation with the beneficiary, but must not include—
a: a Saturday, except with the agreement of the beneficiary; or
b: a Sunday.
5: Payment of an unemployment benefit may be suspended or cancelled in accordance with sections 80 to 82
26: Community wage: rates
1: Section 99(1)
a: omitting the words A community wage must be paid to a community wage earner An unemployment benefit must be paid to a person granted the benefit
b: omitting the words , unless subsection (2)
2: Section 99(2)
3: Section 99(3)
a: omitting the words community wage earner person granted an unemployment benefit
b: omitting the words community wage unemployment benefit
c: omitting the words an earner the earner a beneficiary the beneficiary
4: Section 99(4)
a: omitting the words a community wage an unemployment benefit
b: omitting the words community wage unemployment benefit
5: Section 99(4)(b) employees organisation (as defined in section 91(2) union
6: The heading to section 99 Community wage Unemployment benefit
27: New section 99A inserted
The principal Act is amended by inserting, after section 99
99A: Transfer from community wage to unemployment benefit on 1 July 2001
1: This section applies to a person who, immediately before 1 July 2001, was—
a: in receipt of a community wage on a ground other than the person's sickness, injury, or disability; and
b: either—
i: was fulfilling the conditions of entitlement to the community wage; or
ii: was eligible to be granted a community wage under former section 90
2: On 1 July 2001, in relation to a person to whom this section applies, the community wage becomes an unemployment benefit as if it were granted under section 89
3: For the avoidance of doubt, the operation of subsection (2)
a: the rate of benefit paid; and
b: the obligations under section 97
c: any requirement to undertake an organised activity under former section 111; and
d: any exemption from the work test under section 105
e: a sanction applying under any of former sections 115 to 118
4: In this section, former section
28: Section 100 repealed
Section 100 Amendments relating to work test and job seeker agreements
29: Section 101 repealed
Section 101
30: New section 102 substituted
The principal Act is amended by repealing section 102
102: Application and obligations of work test
1: The work test applies to a person while he or she is a work-tested beneficiary, and the person is subject to the obligations of the work test set out in subsection (2)
2: The work test obligations are—
a: to be available for, and take reasonable steps to obtain, suitable employment; and
b: to accept any offer of suitable employment, whether full-time employment, part-time work, temporary employment, or employment that is seasonal or subsidised; and
c: to attend and participate in an interview for any opportunity of suitable employment to which the beneficiary is referred by the chief executive; and
d: when required by the chief executive, to attend and participate in any interview with an officer of the department or other person on behalf of the chief executive; and
e: when required by the chief executive, to co-operate in the development of a job seeker agreement to the satisfaction of the chief executive, and then to sign it; and
f: when required to by the chief executive, to select at least 1 job seeker development activity from a list of activities that the chief executive considers are suitable for the beneficiary, and to include it or them in the beneficiary's job seeker agreement; and
g: once the person has signed a job seeker agreement,—
i: to undertake the job-search activities set out in the agreement; and
ii: to undertake and complete any job seeker development activity or recognised community activity set out in the agreement (subject to the chief executive taking reasonable steps to arrange for the beneficiary to undertake the activity); and
iii: to undertake and complete any other activities set out in the agreement.
3: The failure by a beneficiary to undertake or complete a recognised community activity, as set out in his or her job seeker agreement, is not a failure to comply with a work test obligation for the purpose of section 115(1)(a)
4: The employment referred to in subsection (2)(a)
a: for a part-time work-tested beneficiary, part-time work:
b: for any other work-tested beneficiary, full-time employment.
5: The work test does not apply to a work-tested beneficiary if the chief executive is satisfied that the beneficiary is undertaking employment of the kind required to satisfy the work test for that beneficiary.
6: The work test obligations apply,—
a: in the case of a person granted the unemployment benefit, on the same days as are included in the person's working week under section 98
b: in the case of any other work-tested beneficiary, on any 5 days of the week determined by the chief executive after consultation with the beneficiary, which must not include—
i: a Saturday, except by agreement with the beneficiary; or
ii: a Sunday.
31: New section 104A inserted
The principal Act is amended by inserting, after section 104
104A: Transitional provision dealing with deferrals
1: This section applies to a work-tested beneficiary who, immediately before 1 July 2001, was subject to a deferral of work test obligations granted under section 107 of the principal Act
2: On and after 1 July 2001, the deferral becomes an exemption from the work test as if the exemption were granted under section 105
a: if the deferral was granted for a time, that time applies to the exemption; and
b: if the deferral was granted on conditions, those conditions apply to the exemption; and
c: if, in granting the deferral, the chief executive required the person to participate in 1 or more organised activities, that requirement continues to apply as if the organised activities were job seeker development activities included in a job seeker agreement signed by the beneficiary.
32: Exemption from obligations
Section 105 subsection (5)
5: A beneficiary who has been granted an exemption from the work test may be required to attend an interview with an officer of the department or other person on behalf of the chief executive. Failure to attend or participate in the interview may result in sanctions under section 117
5A: A person granted an exemption must notify the chief executive as soon as practicable of any change in the person's circumstances that may affect his or her entitlement to the exemption.
33: New heading and sections 105A to 105D inserted
The principal Act is amended by inserting, after section 105 Job seeker agreements
105A: Description of job seeker agreement and responsibilities arising from it
1: A job seeker agreement is a statutory agreement in which—
a: the chief executive sets out what the department will do to assist a work-tested beneficiary to obtain employment, improve his or her employment prospects, or both; and
b: the beneficiary acknowledges the responsibilities arising out of receipt of the benefit or (in the case of a work-tested spouse) payment of part of the benefit in respect of the spouse.
2: A job seeker agreement—
a: must include an acknowledgment by the beneficiary that he or she is subject to the work test obligations (as set out in section 102
b: must specify the job-search activities the beneficiary will undertake; and
c: may include any job seeker development activities, recognised community activities, or other activities that the beneficiary agrees to undertake; and
d: must explain the sanctions that may be imposed if the beneficiary fails to comply with certain parts of the work test (as set out in section 117
e: must specify the assistance the department will give to assist the beneficiary obtain employment or improve his or her employment prospects, and any conditions on which the assistance will be provided or to which it is subject.
3: A signed job seeker agreement does not create or imply an employment relationship between the chief executive and the beneficiary, nor does it create rights or obligations that are enforceable in any court or tribunal.
4: Nothing in subsection (3) section 10A, or sections 12J to 12R
105B: Entering into and reviewing job seeker agreement
1: A job seeker agreement should be developed through a process of negotiation between the beneficiary and the chief executive in which the parties aim to promptly conclude and sign an agreement acceptable to both of them.
2: If, despite reasonable efforts by the chief executive, the beneficiary does not co-operate in the prompt development of a job seeker agreement, or does not sign it within a reasonable period once it is satisfactory to the chief executive, the chief executive may conclude that the beneficiary has failed his or her work test obligations under section 102(2)(e)
3: At any time after a job seeker agreement is signed, a beneficiary may ask for a review of the agreement; but, until a review is complete, the beneficiary must comply with the job seeker agreement in its current form.
4: When a beneficiary asks for a review of his or her job seeker agreement, the chief executive must review it as soon as practicable and may, by agreement with the beneficiary, amend the job seeker agreement.
5: The chief executive may at any time review a beneficiary's job seeker agreement, and may then,—
a: by agreement with the beneficiary, amend the agreement; or
b: require the beneficiary to co-operate in the development of a replacement job seeker agreement to the satisfaction of the chief executive, and then to sign the new agreement.
6: An agreement entered into under subsection (5)(b) subsection (1)
105C: Department to explain to beneficiaries their rights and obligations
The chief executive must take reasonable and appropriate steps to make every work-tested beneficiary aware, before he or she signs a job seeker agreement, of—
a: his or her obligations arising from payment of a work-tested benefit; and
b: the import and consequences of signing a job seeker agreement; and
c: the consequences of failure to comply with the work test and, in particular, the sanctions that may be imposed under section 117
d: the beneficiary's right under section 105B(3)
e: the beneficiary's rights under sections 10A and 12J
105D: Job seeker contracts to have effect as job seeker agreements
Every job seeker contract that was in effect under this Act on 30 June 2001 continues in effect, in relation to a work-tested beneficiary, after that date as if it were a job seeker agreement entered into under section 105B
a: the person to whom it applies ceases to be a work-tested beneficiary; or
b: it is replaced by a new job seeker agreement entered into under section 105B
34: Sections 106 to 109 and heading repealed
Sections 106 to 109 section 106
35: New heading and sections 110 to 112 substituted
The principal Act is amended by repealing sections 110 to 112 section 110 Job seeker development activities
110: Defining job seeker development activities
1: A job seeker development activity
2: The activities that the chief executive may define as job seeker development activities include, but are not limited to,—
a: work assessment:
b: participation in a programme or seminar to increase particular skills or enhance motivation:
c: participation in a work experience or work exploration activity:
d: participation in employment-related training.
3: The chief executive may define an activity or category of activity as a job seeker development activity only if the chief executive is satisfied that the activity—
a: is likely to increase the prospect for self-reliance of beneficiaries who participate in it by increasing their awareness of, and participation in, opportunities for employment, and for self-betterment, education, or training; or
b: is likely to strengthen incentives for persons who participate in it to remain in employment or move into unsubsidised employment.
4: The chief executive must specify any conditions that apply to an activity that he or she defines as a job seeker development activity.
5: The chief executive must define a range of job seeker development activities, and may define different job seeker development activities for different geographical locations.
6: The chief executive's discretion to define job seeker development activities is subject to any direction by the Minister.
111: Assistance provided by department
1: If, following a requirement under section 102(2)(f)
2: If a beneficiary's job seeker agreement includes any other job seeker development activity, then the chief executive may take reasonable steps to arrange for the beneficiary to undertake that activity, but only if the chief executive considers the activity—
a: is suitable for the circumstances of the beneficiary; and
b: is likely to improve his or her employment prospects.
3: If a beneficiary's job seeker agreement includes a recognised community activity, the chief executive may take reasonable steps to arrange for the beneficiary to undertake the recognised community activity, but only if—
a: the chief executive considers the recognised community activity is suitable for the beneficiary to undertake; and
b: there are no job seeker development activities or other activities specified in the agreement that would be more suitable for the beneficiary to undertake.
4: If a beneficiary's job seeker agreement specifies other assistance that the Department will give the beneficiary, then the chief executive must provide that specified assistance, subject to any conditions set out in the job seeker agreement.
112: Organised activities to have effect as job seeker development activities
1: A work-tested beneficiary who, immediately before 1 July 2001, was required to participate in an organised activity (other than a recognised community activity) is obliged to continue to participate in that activity as if the activity were a job seeker development activity included in the beneficiary's job seeker agreement.
2: The obligation to continue participating in the activity continues until the beneficiary enters into a job seeker agreement.
36: New sections 115 to 117 substituted
The principal Act is amended by repealing sections 115 to 118
115: Failure to comply with work test
1: The sanctions in section 117
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
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: Before determining that a beneficiary has failed to comply with any work test obligation, the chief executive must review the beneficiary's job seeker agreement (if the beneficiary has one).
3: A beneficiary has a good and sufficient reason for not undertaking or completing an activity in the beneficiary's job seeker agreement if—
a: doing so was dependent upon the provision by the department of any assistance specified in the person's job seeker agreement; and
b: that assistance was either not supplied, or not supplied to the extent, or in the manner, specified in the agreement.
4: A beneficiary who has 1 or more dependent children has a good and sufficient reason for not participating in or completing any job seeker development activity in his or her job seeker agreement 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)
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)
7: Section 60H(6) and (7) subsections (5) and (6)
116: Failure to participate in activity under section 60HA
The sanctions in section 117 section 60HA
117: Sanctions that may be imposed for failures
1: The sanctions that the chief executive must apply in respect of failures under section 115 or section 116
a: for a first failure, suspension of the person's benefit until the person recomplies:
b: for a second failure (being a failure that occurs after the person has recomplied following a first failure), suspension of the person's benefit until the person recomplies:
c: for a third failure (being a failure that occurs after the person has recomplied following a second failure), cancellation of the benefit.
2: A person whose benefit is cancelled under subsection (1)(c)
a: is not entitled to receive any benefit for 13 weeks from the date of cancellation; and
b: if the person wishes to again become entitled to a benefit, must apply for the benefit and establish his or her eligibility for it.
3: Subsection (2) sections 120 and 121 sections 123 to 123B
37: Calculation of failure rate
1: Section 119(1) section 115 or section 116 or section 118 section 117
2: Section 119(1) paragraph (a)
a: may count applicable failures only while the same benefit has been continuously paid in respect of the beneficiary; but.
3: Section 119(2) any of sections 115, 116, and 118 section 115 or section 116
38: New section 122 substituted
The principal Act is amended by repealing section 122
122: Meaning of recompliance
In relation to a failure under section 115 or section 116 section 117
a: in the case of a work-tested beneficiary, some other activity specified in the person's job seeker agreement or, if there is no other activity specified, a job seeker development activity approved by the chief executive; or
b: in any other case, some other activity of the kind specified in section 60HA
39: Effect of ceasing to be subject to obligation to comply with section 60HA or work test
1: Section 123(1) paragraph (a) section 115 or section 116 section 117
2: Section 123(1)(b) subparagraph (i)
ia: ceases to be a beneficiary who is required to comply with a request under section 60HA
3: Section 123(1)(b)(ii) or an exemption from complying with section 60HA
40: Effect of employment on non-entitlement period
1: Section 123A(1) section 115 or section 116 section 117
2: Section 123A(3)
41: New sections 123B and 123C substituted
The principal Act is amended by repealing sections 123B 123C
123B: Effect of participation in certain activities on non-entitlement period
1: This section applies to a person who—
a: is subject to a 13-week period of non-entitlement under section 60H or section 117
b: is participating in 1 or more approved activities
i: job seeker development activities:
ii: recognised community activities:
iii: part-time work (in the case of a part-time work-tested beneficiary).
2: If a person to whom this section applies participates satisfactorily in the approved activity or activities for a continuous period of 6 weeks,—
a: the remainder of the period of non-entitlement lapses; and
b: if the person wishes to again become entitled to a benefit, the person must apply for the benefit and establish his or her eligibility for it.
3: Despite subsection (2)(b)
4: ) Payment of a benefit granted under subsection (3)
5: No obligation to repay under subsection (4)
a: ceases to be a work-tested beneficiary or a beneficiary required to comply with a request under section 60HA
b: obtains, under section 105 section 60HA
6: If the person is still entitled to the benefit at the end of the period of satisfactory participation or non-entitlement (as the case may be), payment of the benefit is no longer subject to the condition in subsection (4)
7: Any amount the person is liable to repay under this section may be recovered by the chief executive under section 86(1A)
123C: Application of Health and Safety in Employment Act 1992 and Human Rights Act 1993
1: In this section, person A section 122 or section 123B
2: The Health and Safety in Employment Act 1992 Human Rights Act 1993
3: Except as provided in subsection (2)
42: Regulations
Section 123D paragraphs (b) (c)
43: Consequential amendments relating to changes to Part 2 of principal Act
1: Section 12J(4) which relates to the general specification of organised activities defining job seeker development activities
2: Section 80
a: omitting from subsection (5)(a) a community wage an unemployment benefit
b: repealing subsections (6) (7)
c: inserting in subsection (8)(b) was cancelled or suspended
3: Section 80C(1) paragraph (c)
c: the person is subject to a sanction of suspension of 100% of a benefit under section 117
4: Section 113
a: omitting from subsection (1) sections 115 to 118 section 117
b: omitting the words or reduce or reducing or reduction
5: Section 120(1) section 115 or section 116 section 117
6: Section 120(2)
7: Section 121 section 115 or section 116 section 117
8: The Social Security (Penalties for Unsatisfactory Participation) Regulations 1998 (SR 1998/269)
44: Schedule 9 amended
1: The principal Act is amended by repealing the heading to Schedule 9 Rates of unemployment benefits and sickness benefits
2: Clause 1(aa) aged 18 or 19 under the age of 20
3: Clause 1(a) of or over the age of 18 years and
4: Clause 5 community wage benefit
45: Consequential amendments to other enactments
The enactments specified in the Schedule


1: Title
1: This Act is the Children, Young Persons, and Their Families Amendment Act 2001.
2: In this Act, the Children, Young Persons, and Their Families Act 1989 the principal Act
2: Commencement
This Act comes into force on the 90th day after the date on which it receives the Royal assent.
3: Purpose
The purpose of this Act is—
a: to include in the principal Act the principal powers of search and seizure currently prescribed in the Children, Young Persons, and Their Families (Residential Care) Regulations 1996
b: to make it explicit that the regulation-making power in section 447
c: to ensure, for the avoidance of doubt, that including matters relating to search and seizure in the principal Act does not invalidate existing regulations dealing with these matters.
4: New heading and sections 384A to 384K inserted
The principal Act is amended by inserting, after section 384 Searches
384A: Interpretation
For the purposes of sections 384B to 384K harmful item mail
a: a facsimile communication:
b: electronic mail:
c: an envelope or package manager member of staff pat down search
a: run or pat his or her hand over the body of the person being searched, whether inside or outside the clothing (other than any underclothing) of that person:
b: insert his or her hand inside any pocket or pouch in the clothing (other than the underclothing) of the person being searched:
c: for the purpose of permitting a visual inspection, require the person being searched to do all or any of the following:
i: open his or her mouth:
ii: display the palms of his or her hands:
iii: display the soles of his or her feet:
iv: lift or rub his or her hair:
v: remove, raise, lower, or open any outer clothing (including, without limitation, any coat, jacket, jumper, or cardigan) worn by the person being searched, except where the person has no other clothing, or only underclothing, under that outer clothing:
vi: turn out any pocket or pouch, and display any hem, cuff, lining, or fold, in any outer clothing worn by that person:
vii: remove any head covering, gloves, or footwear (including socks or stockings) being worn by that person:
d: conduct a visual examination (whether assisted by any instrument or device designed to illuminate or magnify) of the person's mouth, nose, and ears (not including the insertion of any instrument, device, or thing into such orifice) regulations section 447 residence section 364 scanner search strip search
a: to undress, or to remove any specified items of clothing and underclothing, and be visually examined; and
b: to have his or her clothing searched unauthorised item
a: that is a harmful item; or
b: that may not be lawfully possessed by any child or young person in the residence.
384B: Inspection of mail
The manager may cause to be inspected, in accordance with the regulations, any mail intended to be sent or received by a child or young person in the residence if the manager believes, on reasonable grounds, that the mail contains—
a: any unauthorised item; or
b: any harmful item or any article, drug, or substance that may not lawfully be possessed by the person for whom the mail was intended; or
c: any material that would or might facilitate or encourage the commission of an offence by the person for whom the mail was intended; or
d: any material that would be likely to be offensive or harmful to the person for whom the mail was intended.
384C: Child or young person may be searched to detect unauthorised items
1: A member of staff, who believes on reasonable grounds that a child or young person in the residence has in his or her possession any unauthorised item, may carry out any of the following types of searches for the purpose of detecting that item:
a: a scanner search of the child or young person:
b: a pat down search of the child or young person:
c: a search of any room or sleeping area assigned to the child or young person.
2: Nothing in subsection (1)(c)
3: A member of staff may not carry out a search unless—
a: that member of staff requests that the child or young person hand over the unauthorised item that he or she believes on reasonable grounds to be in the child's or young person's possession; and
b: the child or young person refuses or fails to hand the item over.
4: Nothing in subsection (3)
384D: Use of dogs for searching
1: In exercising a power of search conferred by sections 384B and 384C
2: A dog must not be used unless it is under the control of another person (being a member of the police, or a customs officer, or a member of the Armed Forces, or an employee of the Department of Corrections), who may accompany the member of staff for the purposes of the search.
3: A member of staff who uses a dog for the purposes of searching any child or young person must conduct the search with decency and sensitivity and in a manner that—
a: affords to the child or young person being searched the greatest degree of dignity consistent with the purpose of the search; and
b: prevents the dog coming into physical contact with the child or young person during the search.
384E: Child or young person may be strip searched
1: A member of staff may, if that member of staff believes on reasonable grounds that a child or young person has in his or her possession a harmful item, conduct a strip search of that child or young person for the purposes of detecting the harmful item—
a: if that member believes on reasonable grounds that a strip search is necessary in order to detect the item; and
b: if a scanner search or a pat down search of the child or young person has already been carried out for that purpose.
2: A child or young person required to undress or remove any clothing and underclothing under subsection (1)
384F: Explanation of purpose and consequences of inspections and searches
1: Before any mail is inspected under section 384B section 384C or section 384E
a: that the purpose of the inspection or search is,—
i: in the case of an inspection, to detect any item of the kinds referred to in section 384B
ii: in the case of a search carried out under section 384C
iii: in the case of a search carried out under section 384E
b: that any item seized during the inspection or search will, after consultation with the child or young person, be dealt with in the ways provided for by the regulations; and
c: that any item seized during the inspection or search and subsequently handed to a member of the police in accordance with the regulations may be used as evidence in criminal proceedings against the child or young person.
2: The explanation required by subsection (1)
384G: Restrictions on searches
1: A member of staff must consult with the manager or a senior member of staff before carrying out a search under section 384C or section 384E
2: A pat down search or a strip search of a child or young person must be carried out by a member of staff who is of the same sex as the child or young person being searched.
3: A pat down search or a strip search must not be carried out in view of—
a: a person who is not of the same sex as the child or young person, unless the person is a parent or guardian (other than the chief executive) of the child or young person or a person who would otherwise have the care of the child or young person:
b: another child or young person in the residence.
4: A pat down search or a strip search must not be conducted unless 1 of the following persons is also present:
a: another member of staff:
b: a member of the police:
c: a parent or guardian (other than the chief executive) of the child or young person or a person who would otherwise have the care of the child or young person.
5: A person who conducts a pat down search or a strip search must conduct the search with decency and sensitivity and in a manner that affords the child or young person being searched the greatest degree of privacy and dignity consistent with the purpose of the search.
384H: Use of force in carrying out search
1: A member of staff may not use physical force in carrying out a search authorised by section 384C or section 384E
2: A member of staff who uses force for the purpose referred to in subsection (1)
384I: Recording of inspections and searches
The manager must ensure that a record is made in the daily log kept in accordance with the regulations of—
a: the details of any inspection or search carried out under any of sections 384B, 384C, and 384E
b: in the case of a search carried out under section 384C or section 384E
384J: Child or young person may make complaint
A child or young person who has had his or her mail inspected under section 384B section 384C or section 384E
384K: Power to seize articles, etc, found on inspection or search
1: Any unauthorised item found during any inspection or search may be seized in accordance with the regulations by the member of staff referred to in subsection (2)
2: The member of staff of the residence referred to in subsection (1)
a: in the case of an inspection carried out under section 384B
b: in the case of a search carried out under section 384C
c: in the case of a search carried out under section 384E
3: Any unauthorised item seized must be dealt with in accordance with the regulations.
4: The manager must ensure that a record is made in the daily log kept in accordance with the regulations of the details of the seizure of any unauthorised item and of the action taken in respect of it.
5: Regulations
Section 447 of the principal Act is amended by inserting, after paragraph (c)
ca: regulating searches conducted under sections 384C and 384E section 384B
i: prescribing the manner in which the searches and inspections may be carried out:
ii: prescribing the powers that may be exercised when conducting a search or inspection:
iii: providing for the seizure, disposal, safe keeping, or return of any article, drug, or substance found during a search or inspection:
iv: prescribing conditions on the disposal of any seized article, drug, or substance:
v: prescribing procedures by which a child or young person may lay a complaint in relation to an inspection of mail or a search, and how the complaint is to be dealt with: .
6: Saving
1: The enactment, by section 4 384A to 384K Children, Young Persons, and Their Families (Residential Care) Regulations 1996
2: The enactment, by section 5 (ca)