Document ID: chunk:federal_register_of_legislation:C2007C00215:clause:4_502k:p1
Version: federal_register_of_legislation:C2007C00215
Segment Type: clause
Provision Reference: sch 4 cl 502K (pt 1/2)
Character Range: 85535–88222

502K  Time limit for temporary incapacity exemption—end of person's maximum exemption period

 (1) Section 502H ceases to apply to a person if the person's maximum exemption period ends.

 (2) Subject to this section, a person's maximum exemption period is:
 (a) if the person has, whether before or after the commencement of this section, given the Secretary a medical certificate for the purpose of enabling the Secretary to decide whether section 502H applies to the person—the lesser of the following periods:
 (i) the period stated in the certificate as the period for which the person would be incapacitated for work;
 (ii) the period of 13 weeks that started or starts on the first day of the period so stated in the certificate; or
 (b) otherwise—the period of 4 weeks that started or starts on the day determined by the Secretary to have been the day on which the person's incapacity for work began.

 (3) If:
 (a) section 502H applies to a person; and
 (b) the person has, whether before or after the commencement of this section, given the Secretary a certificate of a medical practitioner that states the matters listed in paragraph 502H(1)(d) and is in accordance with the form approved under that paragraph; and
 (c) the Secretary is satisfied that the person's incapacity for work will continue after the end of the person's maximum exemption period;
the Secretary may extend the person's maximum exemption period by a period that is not more than the lesser of the following periods:
 (d) a period equal to the period stated in the certificate as the period for which the person would be incapacitated for work;
 (e) 13 weeks.

 (4) If:
 (a) section 502H applied to a person; and
 (b) within 14 days after the end of the person's maximum exemption period the person gives the Secretary a certificate of a medical practitioner that states the matters listed in paragraph 502H(1)(d) and is in accordance with a form approved under that paragraph; and
 (c) the Secretary is satisfied that the person's incapacity for work has continued after the end of the person's maximum exemption period and that the incapacity will continue;
the Secretary may extend the maximum exemption period by a period that is not more than the lesser of the following periods:
 (d) a period equal to the period stated in the certificate as the period for which the person would be incapacitated for work;
 (e) 13 weeks.

 (5) If:
 (a) section 502H applies to a person; and
 (b) the person gives the Secretary written evidence (other than a certificate referred to in paragraph (3)(b)) that the person's incapacity for work will continue after the end of the person's maximum exemption period; and