9AMinimum hourly wage rates for mental health and addiction support services provided to individual clients

1. This section applies to a person (an individually funded client) who—

2. receives funding directly from a funder towards the cost of mental health and addiction support services for that person; and
3. employs a person (a worker) to provide the services.

4. The individually funded client must pay the worker, for the provision of the services, no less than the greater of—

5. the applicable hourly wage set out in Schedule 2; and
6. the ordinary hourly wage that the client was required to pay the worker under the terms and conditions of employment in place between the client and the worker immediately before the commencement of the Support Workers (Pay Equity) Settlements Amendment Act 2020.

7. Repealed

8. This section does not apply in respect of a period of time spent by a worker overnight during which the worker, under the terms of the worker’s employment agreement, is—

9. required to be at the worker’s workplace; and
10. allowed to sleep at the workplace while on duty; and
11. required to be available to attend to the worker’s duties during the course of the night as necessary.

Notes

• Section 9A: inserted, on 7 August 2020, by section 12 of the Support Workers (Pay Equity) Settlements Amendment Act 2020 (2020 No 50).
• Section 9A(3): repealed, on 30 September 2020, by section 5(3) of the New Zealand Public Health and Disability Amendment Act 2020 (2020 No 61).