Document ID: chunk:federal_register_of_legislation:C2006A00156:clause:1_11a:p4
Version: federal_register_of_legislation:C2006A00156
Segment Type: clause
Provision Reference: sch 1 cl 11A (pt 4/4)
Character Range: 10501–12208

situation or residential care; and
 (iii) the person's partner had been in a care situation or residential care for less than 2 years;
  the period of 2 years beginning at the time the person's partner started to be in a care situation or residential care; and
 (e) where:
 (i) the person is in a care situation or residential care; and
 (ii) the person's partner dies while in a care situation or residential care;
  the period of 2 years from the partner's death; and
 (f) any period of up to 2 years while the person is absent from the residence and is personally providing a substantial level of care in another private residence for another person who needs, or in the Secretary's opinion is likely to need, that level of care in a private residence for at least 14 consecutive days.

Note: For in a care situation, see subsection 13(9); for in residential care see subsection 23(4CA).

Reasonable security of tenure

 (10) If a person has a right or interest in the person's principal home, the person is to be taken to have a right or interest that gives the person reasonable security of tenure in the home unless the Secretary is satisfied that the right or interest does not give the person reasonable security of tenure in the home.

Definition of title document

 (11) In this section:

title document, in relation to land, means:
 (a) in relation to land title which is registered under a Torrens system of registration—the certificate of title for the land; or
 (b) in any other case—the last instrument by which title to the land was conveyed.

Application of Legislative Instruments Act 2003

 (12) A determination under subsection (2) or paragraph (6)(b) is not a legislative instrument.