Commonwealth: Social Security Legislation Amendment (Streamlined Participation Requirements and Other Measures) Act 2022 (Cth)

Social Security Legislation Amendment (Streamlined Participation Requirements and Other Measures) Act 2022 No. 32, 2022 An Act to amend the law relating to social security, and for related purposes Contents 1 Short title 2 Commencement 3 Schedules Schedule 1—Streamlined participation requirements Farm Household Support Act 2014 Social Security Act 1991 Social Security (Administration) Act 1999 Schedule 2—Arrangements and grants relating to assisting persons to obtain and maintain paid work Social Security Act 1991 Social Security (Administration) Act 1999 Schedule 3—Compliance with participation payment obligations Social Security (Administration) Act 1999 Schedule 4—Amounts not counted as income Social Security Act 1991 Schedule 5—Approved programs of work for income support payment Social Security Act 1991 Schedule 6—Activities that do not give rise to employment under certain industrial relations legislation Social Security Act 1991 Schedule 7—Youth allowance ordinary income free area Social Security Act 1991 Schedule 9—Repeals of spent provisions Social Security Act 1991 Social Security (Administration) Act 1999 Social Security Legislation Amendment (Streamlined Participation Requirements and Other Measures) Act 2022 No. 32, 2022 An Act to amend the law relating to social security, and for related purposes [Assented to 1 April 2022] The Parliament of Australia enacts: 1 Short title This Act is the Social Security Legislation Amendment (Streamlined Participation Requirements and Other Measures) Act 2022. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 1 April 2022 2. Schedule 1 The later of: 8 April 2022 (a) 1 July 2021; and (paragraph (b) applies) (b) the seventh day after this Act receives the Royal Assent. 3. Schedule 2 The day after this Act receives the Royal Assent. 2 April 2022 4. Schedule 3 The later of: 8 April 2022 (a) 1 July 2021; and (paragraph (b) applies) (b) the seventh day after this Act receives the Royal Assent. 5. Schedules 4 and 5 The day after this Act receives the Royal Assent. 2 April 2022 6. Schedule 6 The later of: 8 April 2022 (a) 1 July 2021; and (paragraph (b) applies) (b) the seventh day after this Act receives the Royal Assent. 7. Schedule 7 The day after this Act receives the Royal Assent. 2 April 2022 9. Schedule 9 The day after this Act receives the Royal Assent. 2 April 2022 Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedules Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Streamlined participation requirements Farm Household Support Act 2014 1 Section 59 Before "Module D", insert "(1)". 2 At the end of section 59 Add: (2) Module D of Benefit Rate Calculator B applies in relation to the rate of farm household allowance for a person who has turned 22 as if point 1068‑D2 were substituted with the following: Incapacity for work—farm household allowance, to the extent that it relates to a person who has turned 22 1068‑D2 This point applies to a person if the person is receiving farm household allowance, the person has turned 22 and the person is, under Subdivision C of Division 5 of Part 2 of the Farm Household Support Act 2014, exempt from the activity test. 3 Subsection 93(1) (table items 18, 19 and 20) Repeal the items. 4 Section 95 (after table item 13) Insert: 13A subparagraph 1161(1)(a)(i) that subparagraph were replaced with: (i) farm household allowance, where the person has turned 22 and the person is, under Subdivision C of Division 5 of Part 2 of the Farm Household Support Act 2014, exempt from the activity test; or 5 After paragraph 98(b) Insert: (ba) Divisions 2A and 2B of Part 3 (employment pathway plans and circumstances in which paid work is unsuitable); Social Security Act 1991 6 After section 3A Insert: 3AB References to Employment Secretary A reference in a provision of this Act or the Administration Act to the Employment Secretary does not, by implication, affect the meaning of a reference to the Secretary in any other provision of this Act or the Administration Act. Note: Under subsection 23(1), Secretary generally means the Secretary of the Department. Applying section 19A of the Acts Interpretation Act 1901 (which deals with references in provisions of Acts to the Department), the Secretary referred to in many provisions of this Act or the Administration Act will be the Employment Secretary. 7 Subsection 7(7) Omit "540(d)(ii)", substitute "540(1)(d)(ii)". 8 Subsection 19A(2) (definition of activity test) Repeal the definition. 9 Subsection 23(1) (definition of Employment Department) Omit "the Fair Entitlements Guarantee Act 2012", substitute "Division 3AA of Part 3 of the Administration Act". 10 Subsection 23(1) (definition of employment pathway plan) Repeal the definition, substitute: employment pathway plan means an employment pathway plan under Division 2A of Part 3 of the Administration Act. 11 Subsection 23(1) (definition of nominated visa holder) Repeal the definition, substitute: nominated visa holder means a person who is: (a) the holder of a visa that is included in a class of visas that is issued for temporary protection, humanitarian, or safe haven purposes and that is determined by the Minister to be a class of visas to which subparagraph 729(2)(g)(i) applies; and (b) a person to whom subsection 729(2A) applies. 12 Subsection 23(1) Insert: satisfies the employment pathway plan requirements: a person satisfies the employment pathway plan requirements if the following apply: (a) the person enters into an employment pathway plan if required to do so by the Employment Secretary under subsection 40A(1) or (2) of the Administration Act; (b) while an employment pathway plan is in force in relation to the person, the person satisfies the Employment Secretary that the person is complying with the requirements in the plan. 13 Subsection 23(1) (definition of subject to participation requirements) Repeal the definition. 14 Subsection 23(1) Insert: unsuitable: particular paid work is unsuitable to be done by a person in the circumstances set out in section 40X of the Administration Act. 15 Subsection 94(6) Repeal the subsection, substitute: Person not qualified in certain circumstances (6) A person is not qualified for a disability support pension on the basis of a continuing inability to work if the person brought about the inability with a view to obtaining a disability support pension or with a view to obtaining an exemption, because of the person's incapacity, from: (a) the requirement to satisfy the activity test for the purposes of austudy payment; or (b) undertaking full‑time study (see section 541B); or (c) the requirement to satisfy the employment pathway plan requirements for the purposes of jobseeker payment or youth allowance. 16 Subsection 95(2) Repeal the subsection, substitute: Person not qualified in certain circumstances (2) A person is not qualified for a disability support pension on the basis of blindness if the person brought about the blindness with a view to obtaining a disability support pension or with a view to obtaining an exemption, because of the person's blindness, from: (a) the requirement to satisfy the activity test for the purposes of austudy payment; or (b) undertaking full‑time study (see section 541B); or (c) the requirement to satisfy the employment pathway plan requirements for the purposes of jobseeker payment or youth allowance. 17 Subsection 237(1) (note 3) Repeal the note. 18 Paragraphs 500(1)(c) and (ca) Repeal the paragraphs, substitute: (c) in a case where the person is not a member of a couple and does not have at least one PP child who has not turned 6—the person satisfies subsection (2A); and (ca) in a case where the person is in a class of persons specified by legislative instrument under subsection (2)—the person satisfies subsection (2B); and 19 After subsection 500(2) Insert: (2A) A person satisfies this subsection if: (a) the following apply: (i) the person satisfies the employment pathway plan requirements; (ii) the person satisfies the Employment Secretary that the person is willing to actively seek and to accept and undertake paid work in Australia, except particular paid work that is unsuitable to be done by the person; or (b) the following apply: (i) the person is, under Subdivision C of Division 2A of Part 3 of the Administration Act, not required to satisfy the employment pathway plan requirements; (ii) the person satisfies the Employment Secretary that the person would otherwise be willing to actively seek and to accept and undertake paid work in Australia, except particular paid work that is unsuitable to be done by the person. Note 1: For satisfies the employment pathway plan requirements, see subsection 23(1). Note 2: See Division 2B of Part 3 of the Administration Act for the circumstances in which paid work is unsuitable to be done by a person. (2B) A person satisfies this subsection if: (a) the following apply: (i) the person satisfies the employment pathway plan requirements; (ii) if required by the Employment Secretary, the person satisfies the Employment Secretary that the person is willing to actively seek and to accept and undertake paid work in Australia, except particular paid work that is unsuitable to be done by the person; or (b) the following apply: (i) the person is, under Subdivision C of Division 2A of Part 3 of the Administration Act, not required to satisfy the employment pathway plan requirements; (ii) if required by the Employment Secretary, the person satisfies the Employment Secretary that the person would otherwise be willing to actively seek and to accept and undertake paid work in Australia, except particular paid work that is unsuitable to be done by the person. Note 1: For satisfies the employment pathway plan requirements, see subsection 23(1). Note 2: See Division 2B of Part 3 of the Administration Act for the circumstances in which paid work is unsuitable to be done by a person. 20 Section 500A Repeal the section. 21 Divisions 2, 3 and 3A of Part 2.10 Repeal the Divisions. 22 Section 540 Before "Subject to", insert "(1)". 23 Paragraph 540(a) Omit "either of the following applies", substitute "throughout the period". 24 Subparagraph 540(a)(i) Repeal the subparagraph, substitute: (i) the person is undertaking full‑time study (see section 541B); or (ia) the person is exempt from undertaking full‑time study (see Subdivision C) but the person satisfies the Secretary that the person would otherwise be undertaking full‑time study (see section 541B); or (ib) the person satisfies subsection (2); or 25 Subparagraph 540(a)(ii) Omit "in respect of the period". 26 At the end of subparagraph 540(a)(ii) Add "and". 27 Paragraph 540(c) Repeal the paragraph. 28 At the end of section 540 Add: (2) A person satisfies this subsection if: (a) the following apply: (i) the person satisfies the employment pathway plan requirements; (ii) the person satisfies the Employment Secretary that the person is willing to actively seek and to accept and undertake paid work in Australia, except particular paid work that is unsuitable to be done by the person; (iii) the person is not undertaking full‑time paid work for at least 35 hours per week; or (b) the following apply: (i) the person is, under Subdivision C of Division 2A of Part 3 of the Administration Act, not required to satisfy the employment pathway plan requirements; (ii) the person satisfies the Employment Secretary that the person would otherwise be willing to actively seek and to accept and undertake paid work in Australia, except particular paid work that is unsuitable to be done by the person; (iii) the person is not undertaking full‑time paid work for at least 35 hours per week. Note 1: For satisfies the employment pathway plan requirements, see subsection 23(1). Note 2: See Division 2B of Part 3 of the Administration Act for the circumstances in which paid work is unsuitable to be done by a person. 29 Paragraph 540AB(1)(e) Omit "satisfy the activity test", substitute "enter into an employment pathway plan". 30 Subdivision B of Division 1 of Part 2.11 (heading) Repeal the heading, substitute: Subdivision B—Undertaking full‑time study 31 Sections 541, 541A and 541D Repeal the sections. 32 Subdivision C of Division 1 of Part 2.11 (heading) Repeal the heading, substitute: Subdivision C—Exemptions from undertaking full‑time study 33 Section 542 (heading) Repeal the heading, substitute: 542 Situations in which a person is exempt from undertaking full‑time study 34 Section 542 Omit "not required to satisfy the activity test", substitute "exempt from undertaking full‑time study". 35 Paragraphs 542(c) and (db) Repeal the paragraphs. 36 Paragraph 542A(1)(a) Repeal the paragraph, substitute: (a) throughout the period the person does not have the capacity to undertake the course of education in respect of which the person is undertaking full‑time study because of sickness or an accident; and 37 Subparagraphs 542A(1)(d)(iii) and (iv) Omit ", the required activities or work (as the case requires)". 38 Paragraph 542A(1)(e) Omit "the activity test", substitute "undertaking full‑time study". 39 Subsection 542A(1A) Repeal the subsection, substitute: (1A) The Secretary must comply with the guidelines (if any) determined and in force under subsection (1B) in deciding whether paragraph (1)(b) or (c) applies to a person in respect of a period. 40 Subsection 542A(3) Repeal the subsection. 41 Section 542BA Repeal the section. 42 Paragraph 542C(2)(a) Omit "required to satisfy the activity test", substitute "exempt from undertaking full‑time study". 43 Subparagraph 542C(2)(a)(i) Omit ", the required activities or work (as the case may be)". 44 Paragraph 542C(2)(b) Omit ", the required activities or work (as the case may be)". 45 Paragraphs 542C(3)(c) and (d) Omit ", the required activities or work (as the case may be)". 46 Paragraphs 542C(4)(c) and (d) Omit ", the required activities or work (as the case may be)". 47 Paragraph 542C(5)(b) Omit ", the required activities or work (as the case may be)". 48 Subparagraph 542C(5)(c)(ii) Omit ", the required activities or work (as the case may be)". 49 Paragraph 542C(6)(b) Omit ", the required activities or work (as the case may be)". 50 Subparagraph 542C(6)(c)(ii) Omit ", the required activities or work (as the case may be)". 51 Paragraph 542C(7)(c) Omit ", the required activities or work (as the case may be)". 52 Subsections 542C(8) and (9) Repeal the subsections. 53 Section 542E Repeal the section. 54 Section 542EA (heading) Repeal the heading, substitute: 542EA Exemption from undertaking full‑time study—death of person's partner 55 Paragraphs 542FA(2)(b) and (4)(b) Omit "not be required to satisfy the activity test", substitute "be exempt from undertaking full‑time study". 56 Section 542FB Repeal the section. 57 Paragraph 542H(1)(b) Omit "satisfy the activity test", substitute "undertake full‑time study". 58 Paragraph 543A(2)(c) Repeal the paragraph, substitute: (c) has entered into or agreed to enter into an employment pathway plan; or 59 Paragraph 543A(2B)(a) Omit "540(b)", substitute "540(1)(b)". 60 Subdivision E of Division 1 of Part 2.11 Repeal the Subdivision. 61 Subparagraph 547AA(1)(b)(ii) Omit "a Youth Allowance Employment Pathway Plan", substitute "an employment pathway plan". 62 Subsection 549CA(1) Omit "neither section 540AA (about new apprentices) nor paragraph 541(1)(a) (about full‑time study) applies", substitute "neither subparagraph 540(1)(a)(i) (about full‑time study) nor section 540AA (about new apprentices) applies". 63 Paragraph 549CA(2)(c) Omit "section 540AA or paragraph 541(1)(a) applied", substitute "subparagraph 540(1)(a)(i) or section 540AA applied". 64 Subparagraph 549CB(4)(c)(ii) Omit "neither section 540AA (about new apprentices) nor paragraph 541(1)(a) (about full‑time study) applies", substitute "neither subparagraph 540(1)(a)(i) (about full‑time study) nor section 540AA (about new apprentices) applies". 65 Paragraph 550(1)(b) Repeal the paragraph, substitute: (b) ceases to undertake full‑time study and is not exempt from undertaking full‑time study (see Subdivision C of Division 1); or 67 Section 556A Repeal the section, substitute: 556A Approved program of work supplement If a person: (a) is receiving youth allowance; and (b) is participating in an approved program of work for income support payment; the rate of the person's youth allowance is increased by an amount of $20.80, to be known as the approved program of work supplement, for each fortnight during which the person participates in the program. 68 Paragraphs 593(1)(b) to (f) Repeal the paragraphs, substitute: (b) throughout the period the person satisfies subsection (1AC); and 69 Subsection 593(1) (note 13) Omit "C,". 70 After subsection 593(1AB) Insert: (1AC) A person satisfies this subsection if: (a) the following apply: (i) the person satisfies the employment pathway plan requirements; (ii) the person satisfies the Employment Secretary that the person is willing to actively seek and to accept and undertake paid work in Australia, except particular paid work that is unsuitable to be done by the person; or (b) the following apply: (i) the person is, under Subdivision C of Division 2A of Part 3 of the Administration Act, not required to satisfy the employment pathway plan requirements; (ii) the person satisfies the Employment Secretary that the person would otherwise be willing to actively seek and to accept and undertake paid work in Australia, except particular paid work that is unsuitable to be done by the person. Note 1: For satisfies the employment pathway plan requirements, see subsection 23(1). Note 2: See Division 2B of Part 3 of the Administration Act for the circumstances in which paid work is unsuitable to be done by a person. 71 Paragraph 593(1D)(f) Omit "satisfy the activity test", substitute "enter into an employment pathway plan". 72 Subsection 595(1) (note) Repeal the note. 73 Subsection 595(2) Omit "a Jobseeker Employment Pathway Plan, or with a requirement under subsection 601(1A),", substitute "an employment pathway plan". 74 Paragraph 595(3)(a) Omit "a requirement under subsection 601(1A) (activity test) or a requirement in a Jobseeker Employment Pathway Plan", substitute "a requirement in an employment pathway plan". 75 Paragraph 598(3AA)(b) Repeal the paragraph, substitute: (b) is not required to satisfy the employment pathway plan requirements because of a determination that is in effect under section 40L of the Administration Act and that has been made because of the circumstance referred to in paragraph 40L(5)(a) of that Act; 76 Paragraph 598(3B)(b) Repeal the paragraph, substitute: (b) is not required to satisfy the employment pathway plan requirements because of a determination that is in effect under section 40L of the Administration Act and that has been made because of the circumstance referred to in paragraph 40L(5)(a) of that Act; 77 Subdivisions B, BA and C of Division 1 of Part 2.12 Repeal the Subdivisions. 78 Paragraph 613(2)(b) Omit "a Jobseeker Employment Pathway Plan", substitute "an employment pathway plan". 79 Subsection 613(2) (note) Repeal the note. 80 Subparagraph 615(1)(b)(ii) Omit "a Jobseeker Employment Pathway Plan", substitute "an employment pathway plan". 81 Section 644AAA Repeal the section, substitute: 644AAA Approved program of work supplement If a person: (a) is receiving jobseeker payment; and (b) is participating in an approved program of work for income support payment; the rate of the person's jobseeker payment is increased by an amount of $20.80, to be known as the approved program of work supplement, for each fortnight during which the person participates in the program. 82 Subparagraph 665U(1)(c)(ii) Omit "to satisfy the activity test under section 601 or to comply with a requirement in a Jobseeker Employment Pathway Plan", substitute "to comply with a requirement in an employment pathway plan". 83 Paragraph 729(2)(da) Repeal the paragraph, substitute: (da) the person is not disqualified for a youth allowance for the period because the person fails to satisfy the employment pathway plan requirements; and 84 Paragraph 729(2)(g) Omit "paragraph (2B)", substitute "subsection (2B)". 85 Subsection 729(2B) Repeal the subsection, substitute: (2B) A person referred to in paragraph (2)(g) is qualified for special benefit in respect of a period only if, in addition to meeting any relevant requirement in paragraphs (2)(a) to (f), throughout the period: (a) the following apply: (i) the person satisfies the employment pathway plan requirements; (ii) the person satisfies the Employment Secretary that the person is willing to actively seek and to accept and undertake paid work in Australia, except particular paid work that is unsuitable to be done by the person; or (b) the following apply: (i) the person is, under Subdivision C of Division 2A of Part 3 of the Administration Act, not required to satisfy the employment pathway plan requirements; (ii) the person satisfies the Employment Secretary that the person would otherwise be willing to actively seek and to accept and undertake paid work in Australia, except particular paid work that is unsuitable to be done by the person. Note 1: For satisfies the employment pathway plan requirements, see subsection 23(1). Note 2: See Division 2B of Part 3 of the Administration Act for the circumstances in which paid work is unsuitable to be done by a person. 86 Subdivisions AA and AB of Division 1 of Part 2.15 Repeal the Subdivisions. 87 Paragraph 737(3)(b) Omit "a Special Benefit Employment Pathway Plan", substitute "an employment pathway plan". 88 Section 747 Repeal the section, substitute: 747 Approved program of work supplement for persons who are nominated visa holders If a person who is a nominated visa holder: (a) is receiving special benefit; and (b) is participating in an approved program of work for income support payment; the rate of the person's special benefit is increased by an amount of $20.80, to be known as the approved program of work supplement, for each fortnight during which the person participates in the program. 89 Subparagraph 1035(1)(c)(iv) Repeal the subparagraph, substitute: (iv) if the person is receiving jobseeker payment—the person is required to satisfy the employment pathway plan requirements; (iva) if the person is receiving youth allowance—the person is undertaking full‑time study (see section 541B) or is required to satisfy the employment pathway plan requirements; (ivb) if the person is receiving austudy payment—the person is required to satisfy the activity test; 90 Subparagraph 1046(2)(b)(i) Omit "the application of section 601 or 605 of this Act, or", substitute "because the person ceases to satisfy the employment pathway plan requirements and other than the application of". 91 Subparagraph 1046(2)(b)(ii) Omit "the application of section 541A, 544A, 544C, 550", substitute "because the person ceases to satisfy the employment pathway plan requirements and other than the application of section 550B, 551". 92 Subparagraphs 1046(2)(b)(iv) and (v) Repeal the subparagraphs. 93 Subparagraph 1046(2B)(b)(i) Omit "the application of section 601 or 605 of this Act, or", substitute "because the person ceases to satisfy the employment pathway plan requirements and other than the application of". 94 Subparagraph 1046(2B)(b)(ii) Omit "the application of section 541A, 544A,", substitute "because the person ceases to satisfy the employment pathway plan requirements and other than the application of section". 95 Subparagraph 1061ZAAA(1)(b)(i) Omit "satisfies the activity test by", substitute "is". 96 Subparagraph 1061ZAAA(1)(b)(ii) Omit "Youth Allowance Employment Pathway Plan", substitute "employment pathway plan". 97 Subparagraph 1061ZEA(2)(ga)(iia) Omit "one or both of paragraphs 540(1)(a) and (c) no longer apply", substitute "paragraph 540(1)(a) no longer applies". 98 Subparagraph 1061ZEA(2)(ga)(iib) Omit "one or more of paragraphs 593(1)(a) to (f)", substitute "either or both of paragraphs 593(1)(a) and (b)". 99 Subparagraph 1061ZVBB(1)(a)(iii) Omit "paragraph 541(1)(a)", substitute "subparagraph 540(1)(a)(i)". 100 Paragraph 1067A(14)(a) Omit "paragraph 541(1)(a)", substitute "subparagraph 540(1)(a)(i)". 101 Paragraph 1067G‑B3A(c) Repeal the paragraph, substitute: (c) either: (i) has an exemption under section 542FA because of a determination in relation to the person under subsection 542FA(3) or (3A); or (ii) is not required to satisfy the employment pathway plan requirements because of a determination that is in effect under subsection 40P(2) of the Administration Act because of paragraph 40P(2)(a) or (b) of that Act; 102 Paragraph 1067G‑C1(c) Repeal the paragraph, substitute: (c) either: (i) has a temporary incapacity exemption under section 542A; or (ii) is not required to satisfy the employment pathway plan requirements because of a determination that is in effect under section 40L of the Administration Act and that has been made because of the circumstance referred to in paragraph 40L(5)(a) of that Act. 103 After point 1067G‑H3 Insert: 1067G‑H3A The ordinary income of a person: (a) who is not required to satisfy the employment pathway plan requirements because of a determination that is in effect under section 40L of the Administration Act and that has been made because of the circumstance referred to in paragraph 40L(5)(a) of that Act; or (b) who is a partner of a person who is not required to satisfy the employment pathway plan requirements because of a determination that is in effect under section 40L of the Administration Act and that has been made because of the circumstance referred to in paragraph 40L(5)(a) of that Act; is not to include any amount received from an approved friendly society in respect of the incapacity that resulted in the determination. 104 Point 1067G‑H5 Repeal the point, substitute: Ordinary income to include certain sick leave entitlements 1067G‑H5 If a person is qualified for youth allowance and the person: (a) has a temporary incapacity exemption under section 542A; or (b) is not required to satisfy the employment pathway plan requirements because of a determination that is in effect under section 40L of the Administration Act and that has been made because of the circumstance referred to in paragraph 40L(5)(a) of that Act; the person's ordinary income is taken to include an amount equal to the amount in respect of sick leave worked out under points 1067G‑H6, 1067G‑H7 and 1067G‑H8. 105 Point 1067G‑H9 Repeal the point. 106 Point 1067G‑H15 Omit "1067G‑H9", substitute "1067G‑H8". 107 Paragraph 1068‑B5(c) Omit "satisfy the activity test because of a determination in relation to the person under subsection 602C(3) or (3A)", substitute "satisfy the employment pathway plan requirements because of a determination that is in effect under subsection 40P(2) of the Administration Act because of paragraph 40P(2)(a) or (b) of that Act". 108 Point 1068‑D2 Omit "is, under Subdivision BA of Division 1 of Part 2.12, exempt from the activity test", substitute "is not required to satisfy the employment pathway plan requirements because of a determination that is in effect under section 40L of the Administration Act and that has been made because of the circumstance referred to in paragraph 40L(5)(a) of that Act". 109 Point 1068‑G4 Omit "under Subdivision BA of Division 1 of Part 2.12, is not required to satisfy the activity test", substitute "is not required to satisfy the employment pathway plan requirements because of a determination that is in effect under section 40L of the Administration Act and that has been made because of the circumstance referred to in paragraph 40L(5)(a) of that Act,". 110 Point 1068‑G4 Omit "the activity test" (last occurring), substitute "those employment pathway plan requirements". 111 Subparagraph 1068B‑E1(d)(ii) Repeal the subparagraph, substitute: (ii) the person is not required to satisfy the employment pathway plan requirements because of a determination that is in effect under section 40L of the Administration Act and that has been made because of the circumstance referred to in paragraph 40L(5)(a) of that Act; 112 Subsection 1118AA(2) Omit "subparagraph 501E(1)(d)(iv) and". 113 Subsection 1118AB(2) Omit "subparagraph 501E(1)(d)(iv) and". 114 Subsection 1118AC(2) Omit "subparagraph 501E(1)(d)(iv) and". 115 Paragraph 1132(6)(b) Omit "601,". 116 Subparagraph 1161(1)(a)(i) Repeal the subparagraph, substitute: (i) a jobseeker payment in relation to which the recipient of the payment is not required to satisfy the employment pathway plan requirements because of a determination that is in effect under section 40L of the Administration Act and that has been made because of the circumstance referred to in paragraph 40L(5)(a) of that Act; or 117 Paragraph 1223(2)(c) Omit "meet one or more participation requirements that applied to the person under section 500A", substitute "satisfy the employment pathway plan requirements that applied to the person". 118 Paragraph 1223(7A)(d) Omit "meet one or more participation requirements that applied to the person under section 500A", substitute "satisfy the employment pathway plan requirements that applied to the person". Social Security (Administration) Act 1999 123 After Division 2 of Part 3 Insert: Division 2A—Employment pathway plans Note: The powers of the Employment Secretary under this Division may be delegated under section 234 (including to a person engaged by an organisation that performs services for the Commonwealth). Subdivision A—Entry into employment pathway plans 40A Requirement to enter into employment pathway plans No existing employment pathway plan in force (1) The Employment Secretary may require a person to enter into an employment pathway plan if an employment pathway plan is not in force in relation to the person and one of the following applies: (a) either: (i) the person is receiving, or has made a claim for, a jobseeker payment or a youth allowance; or (ii) the Department is contacted by or on behalf of the person in relation to a claim for a jobseeker payment or a youth allowance; (b) the person is someone to whom paragraph 500(1)(c) or (ca) of the 1991 Act applies and either: (i) the person is receiving, or has made a claim for, parenting payment; or (ii) the Department is contacted by or on behalf of the person in relation to a claim for parenting payment; (c) the person is a nominated visa holder and either: (i) the person is receiving, or has made a claim for, a special benefit; or (ii) the Department is contacted by or on behalf of the person in relation to a claim for special benefit. Existing employment pathway plan already in force (2) If an employment pathway plan is in force in relation to a person, the Employment Secretary may require the person to enter into another plan instead of the existing one. Notification of requirement (3) The Employment Secretary must notify a person who is required to enter into an employment pathway plan of the requirement. The notification: (a) must give the person the option of entering into the plan under section 40D; and (b) may also give the person the option of entering into the plan under section 40E, taking into account the person's circumstances. 40B Use of technological processes (1) The Employment Secretary may arrange for the use of technological processes in relation to the following: (a) persons entering into employment pathway plans under section 40D or 40E; (b) the variation of such plans. Note: A person does not enter into an employment pathway plan unless the person accepts such a plan: see paragraphs 40D(1)(a) and 40E(1)(c). Arrangement not a legislative instrument (2) If an arrangement under this section is made in writing, the arrangement is not a legislative instrument. 40C Use of questionnaire (1) The Employment Secretary may arrange for the completion of a questionnaire in relation to the following: (a) persons entering into employment pathway plans under section 40D or 40E; (b) the variation of such plans. (2) A questionnaire may relate to, but is not limited to, one or more of the employment pathway plan matters in relation to a person. Note: For employment pathway plan matters, see section 40F. (3) A purpose of the questionnaire is to obtain information for the purposes of working out under which section the person is able to enter into an employment pathway plan. Arrangement not a legislative instrument (4) If an arrangement under this section is made in writing, the arrangement is not a legislative instrument. 40D Employment pathway plans—plans developed by the Employment Secretary (1) A person enters into an employment pathway plan under this section if: (a) the person notifies the Employment Secretary that the person accepts the employment pathway plan developed by the Employment Secretary; and (b) that acceptance occurs after one or more communications between the person and the Employment Secretary in relation to that plan. Note: For variation of employment pathway plans, see section 40V. Plan requirements (2) The employment pathway plan developed by the Employment Secretary must contain one or more requirements that the person is required to comply with. Note: See Subdivision B for limitations on the kind of requirements that can be contained in employment pathway plans. Optional terms (3) The employment pathway plan may also contain one or more terms that the person may, but is not required to, comply with. Approval of requirements (4) The requirements in the employment pathway plan are to be approved by the Employment Secretary. Those requirements must not be approved by the processes referred to in subsection 40B(1). (5) The Employment Secretary must not approve requirements that are not suitable for the person. For this purpose, the Employment Secretary must take into account the following matters: (a) the employment pathway plan matters in relation to the person; (b) the person's capacity to comply with the requirements; (c) the person's needs; (d) any other matters that the Employment Secretary or the person considers relevant in the circumstances. Note: For employment pathway plan matters, see section 40F. 40E Employment pathway plans—streamlined processes (1) A person enters into an employment pathway plan under this section if: (a) the person is given information as part of the processes referred to in subsection 40B(1) informing the person of the matters the person should consider in deciding whether to accept an employment pathway plan under this section; and (b) a proposed employment pathway plan is produced as part of those processes that: (i) contains one or more requirements that the person is required to comply with; and (ii) may contain one or more terms that the person may, but is not required to, comply with; and (c) after deciding the person is satisfied with that proposed employment pathway plan, the person accepts that plan as part of those processes. Note 1: If the person does not want to accept the proposed employment pathway plan that is produced as part of those processes, the person can still enter into an employment pathway plan under section 40D. Note 2: See Subdivision B for limitations on the kind of requirements that can be contained in employment pathway plans. Note 3: For variation of employment pathway plans, see section 40V. (2) This section does not prevent the person from entering into an employment pathway plan under section 40D after the person has entered into an employment pathway plan under this section. 40F Employment pathway plan matters The employment pathway plan matters in relation to a person are the following: (a) the person's education, experience, skills and age; (b) the impact of any disability, illness, mental condition or physical condition of the person on the person's ability to work, to look for work or to participate in training activities; (c) the state of the labour market and the transport or other options available to the person in accessing that market; (d) the participation opportunities available to the person; (e) the family and caring responsibilities of the person; (f) the length of travel time required to comply with requirements in an employment pathway plan; (g) the financial costs (such as travel costs) of complying with requirements in an employment pathway plan, and the person's capacity to pay for such costs. 40G Employment pathway plans—examples of requirements Seeking, accepting and undertaking paid work (1) An employment pathway plan under this Subdivision in relation to a person may contain requirements relating to one or more of the following: (a) the person actively seeking paid work in Australia; (b) the person accepting, and being willing to accept, offers of paid work in Australia; (c) the person undertaking, and being willing to undertake, paid work in Australia; except particular paid work that is unsuitable to be done by the person. Note: See Division 2B for the circumstances in which paid work is unsuitable to be done by a person. Undertaking of other activities (2) An employment pathway plan under this Subdivision in relation to a person may contain requirements relating to one or more of the following: (a) the person undertaking training or study; (b) the person undertaking voluntary work; (c) the person participating in an approved program of work for income support payment (subject to section 40J) or in an employment program; (d) the person attending an interview with a person engaged by an organisation that performs services for the Commonwealth; (e) the person completing, updating or improving the person's résumé. Reporting on compliance (3) An employment pathway plan under this Subdivision in relation to a person may contain requirements relating to the person's reporting of compliance with the plan. Parenting payment—health and education (4) In relation to parenting payment and a person to whom paragraph 500(1)(ca) of the 1991 Act applies, an employment pathway plan under this Subdivision may contain requirements relating to one or more of the following: (a) the person's education; (b) the health of a PP child of the person; (c) the education of a PP child of the person. No limit on requirements in plans (5) Subsections (1) to (4) do not limit the requirements that an employment pathway plan may contain. Note: See Subdivision B for limitations on the kind of requirements that can be contained in employment pathway plans. Subdivision B—What employment pathway plans must not contain 40H Employment pathway plans not to contain requirements about undertaking unsuitable paid work An employment pathway plan under Subdivision A in relation to a person must not contain a requirement relating to one or more of the following: (a) the person seeking paid work in Australia; (b) the person accepting offers of paid work in Australia; (c) the person undertaking paid work in Australia; that is particular paid work that is unsuitable to be done by the person. Note: See Division 2B for the circumstances in which paid work is unsuitable to be done by a person. 40J Employment pathway plans not to contain requirements to participate in an approved program of work Parenting payment (1) An employment pathway plan under Subdivision A, that is in force in relation to a person who is receiving parenting payment, must not require the person to participate in an approved program of work for income support payment if: (a) either: (i) if the person's rate of parenting payment is worked out under the Pension PP (Single) Rate Calculator in section 1068A of the 1991 Act—because of the application of Module E of that rate calculator, the person is receiving parenting payment at a rate that has been reduced; or (ii) if the person's rate of parenting payment is worked out under the Benefit PP (Partnered) Rate Calculator in section 1068B of the 1991 Act—because of the application of Module D of that rate calculator, the person is receiving parenting payment at a rate that has been reduced; or (b) the person is at least 50 years of age and is not a person to whom subsection 28(4) of the 1991 Act applies. Youth allowance (2) An employment pathway plan under Subdivision A, that is in force in relation to a person who is receiving a youth allowance, must not require the person to participate in an approved program of work for income support payment if: (a) the person is under 18 years of age; or (b) the person is undertaking full‑time study (see section 541B of the 1991 Act); or (c) because of the application of one or more Modules of the Youth Allowance Rate Calculator in section 1067G of the 1991 Act, the person is receiving the youth allowance at a rate that has been reduced; or (d) the program of work requires the person to move from a home in one place to a home in another place. Jobseeker payment (3) An employment pathway plan under Subdivision A, that is in force in relation to a person who is receiving a jobseeker payment, must not require the person to participate in an approved program of work for income support payment if: (a) because of the application of Module G of Benefit Rate Calculator B in section 1068 of the 1991 Act, the person is receiving the jobseeker payment at a rate that has been reduced; or (b) the person is at least 50 years of age and is not a person to whom subsection 28(4) of the 1991 Act applies. Special benefit (4) An employment pathway plan under Subdivision A, that is in force in relation to a person who is receiving a special benefit, must not require the person to participate in an approved program of work for income support payment if: (a) the person is under 18 years of age; or (b) the person or the person's partner has income; or (c) the person is at least 50 years of age and is not a person to whom subsection 28(4) of the 1991 Act applies. 40K Employment pathway plans not to contain certain other requirements (1) An employment pathway plan under Subdivision A must not contain a requirement of a kind that the Employment Secretary determines under subsection (2). (2) The Employment Secretary must, by legislative instrument, determine the kinds of requirements that employment pathway plans must not contain. Subdivision C—Exemptions from employment pathway plan requirements 40L Circumstances making it unreasonable etc. to comply with requirements (1) A person is not required to satisfy the employment pathway plan requirements if a determination under this section is in effect in relation to the person. Circumstances beyond a person's control (2) The Employment Secretary may make a determination under this section in relation to the person if: (a) the Employment Secretary is satisfied that circumstances exist that are beyond the person's control; and (b) the Employment Secretary is satisfied that in those circumstances it would be unreasonable to expect the person to comply with the employment pathway plan requirements. Note: See also section 40U (general rules about determinations under this Subdivision). Other circumstances (3) The Employment Secretary may make a determination under this section in relation to the person if the Employment Secretary is satisfied in all the circumstances that the person should not be required to satisfy the employment pathway plan requirements. Note: See also section 40U (general rules about determinations under this Subdivision). Exception—misuse of alcohol or another drug (4) Subsection (2) or (3) does not apply to circumstances wholly or predominantly attributable to the person's misuse of alcohol or another drug, unless the person is a declared program participant. Examples of relevant circumstances (5) The Employment Secretary may make a determination under subsection (2) or (3) in relation to a person in circumstances that relate to, but are not limited to, the following: (a) the person having a temporary incapacity resulting in the person being unable to undertake work for at least 8 hours per week, where the person has given the Employment Secretary a certificate of a medical practitioner, in the form (if any) approved by the Employment Secretary, that supports the incapacity being caused by a medical condition arising from sickness or an accident; (b) the person experiencing a marriage or relationship breakdown; (c) the death of an immediate family member of the person; (d) the person having suffered a significant personal crisis; (e) the person having been affected by an emergency, disaster or public health crisis. Revocation of determination (6) The Employment Secretary may revoke a determination under this section in relation to a person if the Employment Secretary is satisfied in all the circumstances that it is no longer appropriate for the determination to remain in effect. Later exemptions do not limit this section (7) Sections 40M to 40T do not limit this section. 40M Death of person's partner Claimants (1) A person is not required to satisfy the employment pathway plan requirements in respect of a period (the applicable period) if: (a) the person makes a claim for a jobseeker payment, parenting payment, a youth allowance or a special benefit; and (b) the person makes the claim after the death of the person's partner; and (c) if the person was not pregnant when the person's partner died—the person makes the claim in the period of 14 weeks starting on the day of the death of the partner; and (d) if the person was pregnant when the person's partner died—the person makes the claim: (i) in the period of 14 weeks starting on the day of the death of the partner; or (ii) in the period starting on the day of the death of the partner and ending when the child is born or the person otherwise stops being pregnant; whichever ends later. The applicable period is the period applicable under paragraph (c) or (d). Recipients (2) A person is not required to satisfy the employment pathway plan requirements in respect of a period (the applicable period) if: (a) the person is receiving a jobseeker payment, parenting payment, a youth allowance or a special benefit; and (b) while the person is receiving the payment, allowance or benefit the person's partner dies; and (c) if the person was not pregnant when the person's partner died—the person notifies the Employment Secretary of the person's partner's death in the period of 14 weeks starting on the day of the death of the partner; and (d) if the person was pregnant when the person's partner died—the person notifies the Employment Secretary of the person's partner's death: (i) in the period of 14 weeks starting on the day of the death of the partner; or (ii) in the period starting on the day of the death of the partner and ending when the child is born or the person otherwise stops being pregnant; whichever ends later; and (e) the person is receiving the payment, allowance or benefit on the day of the notification. The applicable period is the period applicable under paragraph (c) or (d). 40N Domestic violence (1) A person is not required to satisfy the employment pathway plan requirements if a determination under this section is in effect in relation to the person. (2) The Employment Secretary must make a determination under this section in relation to the person if the Employment Secretary is satisfied that the person was subjected to domestic violence in the last 26 weeks. Note: See also section 40U (general rules about determinations under this Subdivision). (3) The Employment Secretary may revoke a determination under this section in relation to a person if the Employment Secretary is satisfied in all the circumstances that it is no longer appropriate for the determination to remain in effect. 40P Caring responsibilities (1) A person is not required to satisfy the employment pathway plan requirements if a determination under this section is in effect in relation to the person. Mandatory determination (2) The Employment Secretary must make a determination under this section in relation to the person if the Employment Secretary is satisfied that: (a) the person is the principal carer of one or more children and that one or more of the following apply: (i) the person is a registered and active foster carer; (ii) the person is a home educator of one or more of those children; (iii) the person is a distance educator of one or more of those children; (iv) under a family law order that the person is complying with, a child, of whom the person is a relative (other than a parent), is to live with the person; or (b) the following apply: (i) the person is the principal carer of a child; (ii) the person is the principal carer of one or more other children or the main supporter of one or more secondary pupil children or both; (iii) there are 4 or more of the children of whom the person is the principal carer or main supporter; or (c) the following apply: (i) the person is not the principal carer of one or more children; (ii) the person is a registered and active foster carer; (iii) the person is providing foster care to a child temporarily in an emergency or to give respite to another person from caring for the child; or (d) the following apply: (i) the person is the main supporter of one or more secondary pupil children; (ii) the person is a home educator or distance educator of one or more of those children; or (e) the following apply: (i) the person is the principal carer of one or more children; (ii) the person is a relative (other than a parent) of a child (the kin child); (iii) there is a document that provides for the kin child to live with the person for the care and wellbeing of the kin child and that is prepared or accepted by an authority of a State or Territory that has responsibility for the wellbeing of children; (iv) the person is acting in accordance with the document. Note 1: For principal carer see subsections 5(15) to (24) of the 1991 Act. Note 2: For registered and active foster carer see section 5B of the 1991 Act. Note 3: For home educator see section 5C of the 1991 Act. Note 4: For distance educator see section 5D of the 1991 Act. Note 5: For family law order see subsection 23(1) of the 1991 Act. Note 6: For relative (other than a parent) see section 5E of the 1991 Act. Note 7: For main supporter see section 5G of the 1991 Act. Note 8: For secondary pupil child see section 5F of the 1991 Act. Note 9: See also section 40U (general rules about determinations under this Subdivision). Discretionary determination (3) The Employment Secretary may make a determination under this section in relation to the person if the Employment Secretary is satisfied that the person is the principal carer of one or more children: (a) who suffer from a physical, intellectual or psychiatric disability or illness; and (b) whose care needs are such that the person should, for the period specified in the determination, not be required to satisfy the employment pathway plan requirements. Note 1: For principal carer see subsections 5(15) to (24) of the 1991 Act. Note 2: See also section 40U (general rules about determinations under this Subdivision). Revocation (4) The Employment Secretary may revoke a determination under this section in relation to a person if the Employment Secretary is satisfied in all the circumstances that it is no longer appropriate for the determination to remain in effect. 40Q Pre‑natal and post‑natal relief (1) A pregnant woman is not required to satisfy the employment pathway plan requirements for the period that starts 6 weeks before the woman's expected date of confinement and ends on the day on which the woman gives birth to the child (whether or not the child is born alive). (2) If a woman gives birth to a child (whether or not the child is born alive), the woman is not required to satisfy the employment pathway plan requirements for the period that starts on the day on which she gives birth to the child and ends 6 weeks after that day. 40R Persons engaged in work Persons 55 and over (1) A person who has reached 55 years of age is not required to satisfy the employment pathway plan requirements in respect of a period of 2 weeks if: (a) unless paragraph (b) applies—the person: (i) is engaged in approved unpaid voluntary work for an approved organisation for at least 30 hours in that 2‑week period; or (ii) is engaged, for at least 30 hours in that 2‑week period, in a combination of approved unpaid voluntary work for an approved organisation and of paid work that the Secretary regards as suitable; or (iii) is engaged for at least 30 hours in that 2‑week period in paid work that the Secretary regards as suitable; or (b) if the person is under 60 years of age and that 2‑week period begins before the end of 12 months starting on the day the person starts to receive jobseeker payment or special benefit—the person: (i) is engaged, for at least 30 hours in that 2‑week period, in work consisting of a combination of approved unpaid voluntary work for an approved organisation and of at least 15 hours of paid work that the Secretary regards as suitable; or (ii) is engaged for at least 30 hours in that 2‑week period in paid work that the Secretary regards as suitable. (2) For the purposes of this section: (a) approved unpaid voluntary work is work, either full‑time or otherwise, that has been approved by the Employment Secretary for the purposes of this section; and (b) an approved organisation is an organisation that has been approved by the Employment Secretary for the purposes of this section. Principal carers and people with partial capacity to work (3) A person is not required to satisfy the employment pathway plan requirements in respect of a period of 2 weeks if the person: (a) is the principal carer of at least one child or has a partial capacity to work; and (b) is engaged for at least 30 hours in that 2‑week period in paid work that the Secretary regards as suitable. Note 1: For principal carer see subsections 5(15) to (24) of the 1991 Act. Note 2: For partial capacity to work see section 16B of the 1991 Act. 40S Jobseeker payment rules only Rehabilitation program (1) A person is not required to satisfy the employment pathway plan requirements in respect of a period (the applicable period) if: (a) subparagraph 593(1)(a)(iii) of the 1991 Act applies in relation to the person; and (b) the person is undertaking a rehabilitation program; and (c) the program is intended to enhance the person's ability to work; and (d) the length of the person's participation in the program is, or is likely to be, at least 6 weeks; and (e) the person's participation in the program will, or is likely to, end within the period of 208 weeks after the jobseeker payment commenced to be payable to the person. The applicable period is the period the person is undertaking the rehabilitation program or such shorter or longer period determined by the Employment Secretary. Interaction with the ABSTUDY Scheme (2) A person is not required to satisfy the employment pathway plan requirements in respect of a period (the applicable period) if: (a) jobseeker payment is payable to the person because of subsection 614(6) of the 1991 Act; and (b) the person has commenced the full‑time course of education referred to in paragraph 614(6)(a) of the 1991 Act. The applicable period is the period during which the payment is payable to the person because of that subsection. 40T Exceptional circumstances (1) A person is not required to satisfy the employment pathway plan requirements if the person is included in a class of persons specified in a determination under this section that is in effect. (2) The Employment Secretary may make a determination under this section specifying a class of persons for the purposes of subsection (1). Note: See also section 40U (general rules about determinations under this Subdivision). (3) The Employment Secretary may make the determination only if the Employment Secretary is satisfied that exceptional circumstances exist to justify making the determination. (4) Without limiting subsection (3), the exceptional circumstances may be that there is an emergency, disaster or public health crisis affecting Australia or one or more parts of Australia. Publication (5) The Employment Secretary must cause details of the class of persons and of the exceptional circumstances to be published on the Employment Department's website. Revocation of determination (6) The Employment Secretary may revoke a determination under this section if the Employment Secretary is satisfied in all the circumstances that it is no longer appropriate for the determination to remain in effect. (7) The Employment Secretary must cause details of the revocation to be published on the Employment Department's website. 40U General rules (1) A determination under this Subdivision may specify the period during which the determination has effect. (2) A determination under this Subdivision may be expressed to take effect on a day that is earlier than the day on which the determination is made. (3) A revocation of a determination under this Subdivision takes effect on the day specified in the revocation, which must not be earlier than the day the revocation is made. (4) A determination under this Subdivision, or a revocation of such a determination, is not a legislative instrument. Subdivision D—Variation, cancellation and review of employment pathway plans 40V Variation, cancellation and review of employment pathway plans Variation (1) The Employment Secretary may vary an employment pathway plan that is in force under Subdivision A in relation to a person after discussion with the person and after taking into account the matters mentioned in paragraphs 40D(5)(a), (b), (c) and (d). (2) The Employment Secretary may vary the plan on the Employment Secretary's own initiative or on request of the person. (3) If the person requests a variation of the plan, the Employment Secretary must: (a) make a decision under subsection (1) to vary the plan; or (b) make a decision to refuse to vary the plan. (4) The Employment Secretary must notify the person of the variation or of the decision to refuse to vary the plan. (5) If an employment pathway plan is in force under Subdivision A in relation to a person, the person may vary the plan in accordance with the processes referred to in subsection 40B(1). Cancellation (6) The Employment Secretary must cancel an employment pathway plan that is in force under Subdivision A in relation to a person if the person enters into another employment pathway plan. Review (7) The Employment Secretary may review an employment pathway plan that is in force under Subdivision A in relation to a person. (8) The Employment Secretary may review the plan on the Employment Secretary's own initiative or on request of the person. Subdivision E—Notification of circumstances preventing or affecting compliance with employment pathway plans 40W Notification of circumstances preventing or affecting compliance with employment pathway plans If an employment pathway plan is in force under Subdivision A in relation to a person, the person must notify the Employment Secretary of any circumstances preventing the person from complying, or reducing the person's capacity to comply, with the requirements in the plan. Division 2B—Circumstances in which paid work is unsuitable 40X Circumstances in which paid work is unsuitable (1) For the purposes of the social security law, particular paid work is unsuitable to be done by a person if and only if: (a) the person lacks the particular skills, experience or qualifications that are needed to perform the work and no relevant training will be provided to the person; or (b) it has been established that there is medical evidence that the person has an illness, disability or injury that would be aggravated by the conditions in which the work would be performed; or (c) the person is the principal carer of one or more children, and does not have access to appropriate care and supervision for the children during: (i) the times when the person would be required to undertake the work; or (ii) reasonable amounts of time that would be needed for the person to travel from the person's home to the place of work and from the place of work to the person's home; or (d) performing the work in the conditions in which the work would be performed would constitute a risk to health or safety and would contravene a law of the Commonwealth, a State or a Territory relating to occupational health and safety; or (e) the terms and conditions for the work would be less generous than the applicable statutory conditions; or (f) commuting between the person's home and the place of work would be unreasonably difficult; or (g) the work would require enlistment in the Defence Force or the Reserves; or (h) the work requires the person to move from a home in a place to a home in another place; or (i) for any other reason, the work is unsuitable to be done by the person. Note: For the purposes of paragraph (i), see also subsections (4) and (5). Work outside the area in which the person's home is situated (2) If: (a) a person seeks work in an area (the new area) that is outside the area (the old area) in which the person's home is situated; and (b) the person is offered permanent full‑time work (whether or not work of the kind sought) in the new area; the work offered is not unsuitable for the person because of paragraph (1)(f) or (h) unless: (c) the person is under the age of 18; or (d) the person or the person's partner is pregnant; or (e) the person or the person's partner has a severe medical condition and the condition makes it unreasonable for the person to accept the off