Document ID: chunk:federal_register_of_legislation:C2022A00032:clause:1_159a:p1
Version: federal_register_of_legislation:C2022A00032
Segment Type: clause
Provision Reference: sch 1 cl 159A (pt 1/2)
Character Range: 94342–97409

159A  Review of Workforce Australia, digital protections framework for employment services programs and safeguards for transition to Workforce Australia

Review of Workforce Australia
(1) The Employment Secretary must cause a comprehensive review to be conducted of the effectiveness of the program established by the Commonwealth and known as Workforce Australia in achieving its objectives. In particular, the review must cover the following:
 (a) the effects of activity requirements, compliance and penalties on recipients of participation payments and on employment outcomes;
 (b) the effects of digital services and enhanced services on recipients of participation payments, employers and employment outcomes.
(2) The Employment Secretary must cause the review to be completed before the second anniversary of the establishment of that program.
(3) The persons who conduct the review must give jobseekers, employers, employment services providers and relevant experts the opportunity to provide input in relation to the review.
(4) The persons who conduct the review must give the Employment Secretary and the Employment Minister a written report of the review.
(5) The Employment Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Employment Minister.
(6) The persons who conduct the review must publish the report on the internet as soon as practicable after that tabling.

Digital protections framework for employment services programs
(7) The Employment Secretary must, by legislative instrument, determine a digital protections framework for employment services programs established by the Commonwealth.
(8) Without limiting subitem (7), the framework must deal with the following:
 (a) natural justice;
 (b) human rights protections;
 (c) transparency and freedom from bias;
 (d) privacy;
 (e) accessibility of technological processes.
(9) The Employment Secretary's use of technological processes in relation to the following must comply with the framework:
 (a) persons entering into employment pathway plans under Division 2A of Part 3 of the Social Security (Administration) Act 1999;
 (b) the variation of those employment pathway plans;
 (c) the cancellation of those employment pathway plans;
 (d) the monitoring and reporting of compliance with those employment pathway plans;
 (e) the consequences that arise as a result of non‑compliance with those employment pathway plans.

Safeguards—transition to Workforce Australia
(10) The Employment Secretary must make arrangements to ensure that a person is not subject to financial penalties or otherwise disadvantaged because of mutual obligation failures covered by paragraph 42AC(1)(e) or (f) of the Social Security (Administration) Act 1999 that are committed in the period of 1 month beginning on the day the person transitions to the program established by the Commonwealth and known as Workforce Australia, where the transition occurs before the end of 30 September 2022 under arrangements