Document ID: chunk:federal_register_of_legislation:C2018A00026:clause:15_42ae
Version: federal_register_of_legislation:C2018A00026
Segment Type: clause
Provision Reference: sch 15 cl 42AE
Character Range: 247256–248641

42AE  Unemployment failures
 (1) A person commits an unemployment failure if:
 (a) the person is receiving a participation payment; and
 (aa) in the case where the participation payment is parenting payment—the person is not someone to whom paragraph 500(1)(ca) of the 1991 Act applies; and
 (b) the person becomes unemployed:
 (i) as a direct or indirect result of a voluntary act of the person; or
 (ii) as a result of the person's misconduct as an employee.
Note: In certain circumstances a person is taken to be receiving a participation payment even if it is not payable to the person: see section 42AQ.
 (2) A person also commits an unemployment failure if:
 (a) the person is not receiving, but has made a claim for, a participation payment; and
 (aa) in the case where the participation payment is parenting payment—the person is not someone to whom paragraph 500(1)(ca) of the 1991 Act applies; and
 (b) the person becomes unemployed (whether before or after making the claim):
 (i) as a direct or indirect result of a voluntary act of the person; or
 (ii) as a result of the person's misconduct as an employee.
 (3) However, a person does not commit an unemployment failure because of subparagraph (1)(b)(i) or (2)(b)(i) if the person satisfies the Secretary that the voluntary act was reasonable.

Subdivision C—Compliance action that must be taken for particular failures