The purposes of this Act are—

To those ends, this Act—

In this Act, unless the context otherwise requires,—

In this Act, unless the context otherwise requires,—

For the purposes of subsection (1),—

The transitional, savings, and related provisions (if any) set out in Schedule 1 have effect according to their terms.

This Act binds the Crown.

This section applies to—

The claim or potential claim cannot be pursued and must be treated as if it had been withdrawn or is incapable of being lodged.

Without limiting subsection (2), an HCS employee (or any person acting on his or her behalf) cannot—

This section is subject to section 9.

Nothing in section 8 limits or prevents an HCS employee from making a claim or lodging any proceedings in relation to the enforcement of a term or condition in the employee’s employment agreement that required the HCS employer or former HCS employer to pay the employee for travel between clients before the commencement of this Act.

This section applies to an employment agreement containing either or both of the following terms or conditions agreed before the commencement of this Act:

To the extent that the term or condition exceeds the requirements of this Act, the term or condition has no effect, and is not enforceable, for travel on and from the commencement of this Act.

This Act does not prevent an HCS employer from paying an HCS employee a greater amount for travel between clients than that required by this Act or for travel described in section 10(1)(b) (whether specified in an employment agreement or otherwise) on a basis agreed with the employee after the commencement of this Act, and any such agreement has full effect and is enforceable.

Subsection (2) applies if, because of the operation of section 10, an HCS employee’s post-commencement travel entitlement is less than the employee’s pre-commencement travel entitlement.

The HCS employer must compensate the employee for the reduced entitlement by inserting a term in the employee’s employment agreement that has the effect of requiring the employer to pay the employee an amount for travel between clients greater than that required by this Act.

The amount must be no less than the amount that is equal to the employee’s total entitlement before 1 July 2015.

An HCS employer and an HCS employee—

In this section,—

An employment agreement that contains a term or condition that excludes, restricts, or reduces an HCS employee’s entitlements under this Act—

An HCS employer must pay an HCS employee for the time spent by the employee on or after 1 July 2015 in travel between clients.

For travel between clients during the period starting on 1 July 2015 and ending on 29 February 2016, the minimum amount payable must be calculated in accordance with sections 15 and 16.

For travel between clients on or after 1 March 2016—

This section applies to travel between clients, whether exceptional travel or not, by an HCS employee for the purpose of a client visit—

The minimum amount payable to an HCS employee for each client visit is $2.28.

This section applies to travel between clients by an HCS employee for the purpose of a client visit in which the HCS employee provides services described in paragraph (a)(ii) of the definition of home and community-based support services in section 4.

The minimum amount payable to an HCS employee is—

For the purposes of subsection (2), the maximum travel distance is 20 kilometres.

The minimum amount payable each day to an HCS employee is calculated as follows:

The minimum amount payable each day to an HCS employee is calculated as follows:

In this section, deemed travel time means the time that it would take a person to travel to the client or clients visited by the employee (or from the client, if exceptional last client travel)—

An HCS employer must pay an HCS employee a contribution towards the costs relating to travel between clients by the employee on or after 1 March 2016.

For travel between clients that is not exceptional travel, the minimum amount payable must be calculated in accordance with section 20.

For travel between clients that is exceptional travel, the minimum amount payable must be calculated in accordance with section 21.

Subsection (1) does not apply to any travel between clients for which—

The minimum amount payable each day to an HCS employee is calculated as follows:

The minimum amount payable each day to an HCS employee is calculated as follows:

In this section, deemed distance means the distance to the client or clients visited by the employee (or from the client, if exceptional last client travel), taking the most efficient route.

To avoid doubt,—

The failure by an HCS employer to pay an HCS employee an amount required by this Act, either in whole or in part, constitutes payment of wages or other money at a rate lower than that legally payable for the purposes of section 131 of the Employment Relations Act 2000.

An HCS employer must keep a record, for each HCS employee employed by the employer, of—

A record kept for the purposes of subsection (1) is deemed, for the purposes of the Employment Relations Act 2000, to form part of the wages and time record of the employee (as that record is described in section 130 of that Act).

An HCS employer who fails to comply with an obligation imposed on the employer by this Act is liable to a penalty imposed by the Employment Relations Authority under the Employment Relations Act 2000.

Nothing in this Act limits or affects the rights, duties, or obligations relating to payment for employment-related travel of any employer or employee (within the meaning of those terms in the Employment Relations Act 2000) to whom this Act does not apply.

This section is to avoid doubt.

The Governor-General may, by Order in Council made on the recommendation of the Minister of Health, amend Schedule 3 to—

Before making a recommendation under subsection (1)(b), the Minister of Health must—

An order made under subsection (1)(b) may apply retrospectively from the date that the HCS employer started providing home and community-based support services but only if the parties listed in subsection (2)(b) agree.

An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

The Governor-General may, by Order in Council made on the recommendation of the Minister of Health and the Minister for ACC,—

Before making a recommendation under subsection (1), the following parties must be consulted:

Before making a recommendation under subsection (1)(b), the Minister of Health and the Minister for ACC must be satisfied that the adjusted figure is a fair approximation of the actual distance HCS employees would travel between clients.

Before making a recommendation under subsection (1)(c), the Minister of Health and the Minister for ACC must be satisfied that the adjusted figure is a fair approximation of the actual amount of time HCS employees would spend travelling between clients.

An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

The Minister of Health must, on or before 30 May 2017 and every 12 months after that date,—

For the purpose of undertaking the review, the Minister must consult—

This section amends the Minimum Wage Act 1983.

After section 9(d), insert:

This section amends the Employment Relations Act 2000.

In section 5, definition of minimum entitlements, after “Holidays Act 2003”, insert “or the Home and Community Support (Payment for Travel Between Clients) Settlement Act 2016”.

After section 161(1)(m)(iii), insert:

After section 223(1)(c), insert:

After section 236(4)(d), insert:

This section amends the Holidays Act 2003.

After section 10, insert: