Commonwealth Consolidated Acts

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Incapacitated person not required to satisfy activity test

             (1)  Subject to this Subdivision, a person is not required to satisfy the activity test in respect of a period if:

                     (a)  throughout the period the person is incapacitated for work because of sickness or an accident; and

                     (b)  the incapacity is caused wholly, or virtually wholly, by a medical condition arising from the sickness or accident; and

                     (c)  the incapacity is, or is likely to be, of a temporary nature; and

                     (d)  if this Subdivision had not been enacted and paragraphs 593(1)(b), (c), (d) and (e) were disregarded, the person would qualify for jobseeker payment; and

                     (e)  the person has, whether before or after the commencement of this section, given the Secretary a certificate of a medical practitioner, in a form approved by the Secretary, stating:

                              (i)  the medical practitioner's diagnosis; and

                             (ii)  the medical practitioner's prognosis; and

                            (iii)  that the person is incapacitated for work; and

                            (iv)  the period for which the person is incapacitated for work; and

                      (f)  the Secretary is satisfied that the incapacity has not been brought about with a view to obtaining an exemption from the activity test.

       (1AA)  Subsection (1) does not apply to sickness, or an accident, wholly or predominantly attributable to the person's dependence on alcohol or another drug, unless the person is a declared program participant.

          (1A)  The Secretary must comply with the guidelines (if any) determined and in force under subsection (1B) in deciding the following:

                     (a)  whether paragraph (1)(a), (b) or (c) applies to a person in respect of a period;

                     (b)  whether, for the purposes of paragraph (a) of the definition of work in subsection (2), work is of a kind that a person could be reasonably expected to do.

          (1B)  The Minister may, by legislative instrument, determine guidelines to be complied with by the Secretary in making a decision referred to in subsection (1A).

             (2)  In this section:

"work" , in relation to a person, means work (whether full-time, part-time, permanent or casual) that:

                     (a)  is of a kind that the person could, in the Secretary's opinion, be reasonably expected to do; and

                     (b)  is for at least 8 hours per week on wages that are at or above the relevant minimum wage.

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