Document ID: chunk:federal_register_of_legislation:C2009A00007:clause:1_42e:p1
Version: federal_register_of_legislation:C2009A00007
Segment Type: clause
Provision Reference: sch 1 cl 42E (pt 1/2)
Character Range: 9375–11958

42E  Connection failures

 (1) The Secretary may determine that a person commits a connection failure if:
 (a) the person commits any of the failures mentioned in subsection (2); and
 (b) the person receives an instalment of a participation payment for the instalment period in which the person commits the failure.

Note: A reconnection requirement may be imposed for a connection failure (see section 42G).

 (2) For the purposes of subsection (1), the failures are the following:
 (a) the person fails to comply with a requirement that was notified to the person under subsection 63(2) or (4), and the notice did not inform the person of the effect of section 64;
 (b) the person fails to comply with a requirement, under section 501, 544A, 605 or 731L of the 1991 Act, to enter into an employment pathway plan;
 (c) the person fails to attend an appointment that the person is required to attend by an employment pathway plan that is in force in relation to the person;
 (d) the person is issued with a notice under subsection 42F(1) and fails to comply with it within the period specified in the notice;
 (e) the person fails to comply with subsection 42F(2);
 (f) the person fails to comply with a requirement included in an employment pathway plan that is in force in relation to the person to undertake a certain number of job searches per fortnight;
 (g) the person fails to comply with a requirement included in an employment pathway plan that is in force in relation to the person:
 (i) to keep a record of the person's job searches in a document referred to in the plan as a job seeker diary; and
 (ii) to return the job seeker diary to the Department at the end of the period specified in the plan.

 (3) The Secretary may determine that a person commits 2 or more connection failures on a day.

Limitations on determining connection failures

 (4) Despite subsection (1), the Secretary must not determine that a person commits a connection failure if:
 (a) the person satisfies the Secretary that the person has a reasonable excuse for the failure; or
 (b) both of the following apply:
 (i) the person's failure is a failure to comply with a requirement under section 544A of the 1991 Act to enter into an employment pathway plan;
 (ii) a youth allowance is not payable to the person for the instalment period in which the person commits the failure because of section 547AA of that Act; or
 (c) both of the following apply:
 (i) the person's failure is a failure to comply with a requirement under section 605 of the 1991 Act to enter into an employment pathway plan;