Document ID: chunk:federal_register_of_legislation:C2004C01347:clause:1_731b:p2
Version: federal_register_of_legislation:C2004C01347
Segment Type: clause
Provision Reference: sch 1 cl 731B (pt 2/2)
Character Range: 21665–23682

the current employment, or the employment prospects, of the person's partner; or
 (g) the person or the person's partner has a child under the age of 16 years who is living with them or is living somewhere else in the old area; or
 (h) the person or the person's partner has significant caring responsibilities in the old area; or
 (i) the educational, cultural or religious background of the person makes it unreasonable for the person to accept the offer; or
 (j) it is more appropriate for the person to participate in education or training than to accept the offer; or
 (k) the person would suffer severe financial hardship if the person were to accept the offer.

 (3) A person who, when seeking employment through an employment service provider, represents to the provider that he or she is willing to undertake work outside the area in which the person's home is situated is taken, for the purposes of subsection (2), to seek work outside the area at the time when the representation is made.

 (4) Subsection (3) does not affect what would otherwise constitute a circumstance of a person seeking work outside the area in which the person's home is situated.

 (5) Commuting is not unreasonably difficult for the purposes of paragraph (1)(g) if:
 (a) the sole or principal reason for the difficulty is that the commuting involves a journey, either from the person's home to the place of work or from the place of work to the person's home, that does not normally exceed 90 minutes in duration; or
 (b) in the Secretary's opinion, a substantial number of people living in the same area as the person regularly commute to their places of work in circumstances similar to those of the person.

 (6) Subsection (5) does not limit the Secretary's discretion to form the opinion that, for the purposes of paragraph (1)(g), commuting is not unreasonably difficult.

 (7) A reference in paragraph (1)(f) to remuneration for work is a reference to any income derived from the work that is income from personal exertion.