Commonwealth Consolidated Acts

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SOCIAL SECURITY ACT 1991 - SECT 602B

Relief from activity test--domestic violence etc.

             (1)  A person is not required to satisfy the activity test in respect of a period that the Secretary determines under this section in relation to the person.

             (2)  The Secretary may make a determination under this section in relation to the person if the Secretary is satisfied that:

                     (a)  the person:

                              (i)  is the principal carer of one or more children; and

                             (ii)  was subjected to domestic violence in the 26 weeks before the making of the determination; or

                     (b)  the person is the principal carer of one or more children, and there are special circumstances relating to the person's family that make it appropriate to make the determination.

Note:          For principal carer see subsections 5(15) to (24).

          (2A)  The Secretary must, by legislative instrument, specify matters that the Secretary must take into account in deciding whether there are special circumstances relating to a person's family that make it appropriate to make a determination under this section.

          (2B)  To avoid doubt, an instrument made under subsection (2A) does not limit the matters that the Secretary may take into account in making a determination under subsection (2).

             (3)  The period that the Secretary determines under this section must be the lesser of:

                     (a)  the period that the Secretary considers to be appropriate; or

                     (b)  16 weeks.

             (4)  Any such period may be followed by one or more other periods (not exceeding 16 weeks) determined under this section in relation to the person.

             (5)  The period that the Secretary determines under this section must, despite subsection (3), be 16 weeks if the determination:

                     (a)  is made on grounds referred to in paragraph (2)(a) (or on grounds that include those grounds); and

                     (b)  is the first determination made on those grounds (or on grounds that include those grounds) in relation to the person on or after 1 July 2010.

             (6)  The Secretary may revoke a determination under this section in relation to a person if the Secretary is satisfied that the grounds on which the determination was made no longer exist.

             (7)  Subsection (6) does not affect any operation that subsection 33(3) of the Acts Interpretation Act 1901 has in relation to a determination under this section.



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