Document ID: chunk:federal_register_of_legislation:C2024C00866:section:5la:p5
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 5LA (pt 5/6)
Character Range: 173727–176369

the period of 2 years beginning at the time the person's partner or non‑illness separated spouse started to be in a care situation or an aged care resident; and
 (e) where:
 (i) the person is in a care situation or is an aged care resident; and
 (ii) while paragraph (c) applies, the person's partner or non‑illness separated spouse dies (but not while in a care situation or while an aged care resident);
  the period of 2 years from that death; and
 (f) any period of up to 2 years while the person is absent from the residence and is personally providing community‑based care for another person.
Note 1: For in a care situation, see subsection 5NC(2).
Note 2: For aged care resident, see subsection 5NC(5).
 (9A) For the purposes of paragraph (9)(a), the Commission may determine, in writing, a period of up to 24 months if:
 (a) a person's principal home is lost or damaged (including, for example, by a natural disaster); and
 (b) the loss or damage was not wilfully caused by the person; and
 (c) the person is making reasonable attempts, as a result of the loss or damage, to:
 (i) rebuild or repair the principal home; or
 (ii) sell the principal home in order to purchase or build another residence that is to be the person's principal home; or
 (iii) purchase or build another residence that is to be the person's principal home; and
 (d) the person has made those attempts within a reasonable period after the loss or damage; and
 (e) the person has experienced delays beyond his or her control in:
 (i) rebuilding, repairing or selling the principal home; or
 (ii) purchasing or building the other residence.
 (9B) For the purposes of paragraph (9)(a), the Commission may, in relation to a person and a residence of the person, determine, in writing, a longer period if:
 (a) the Commission is satisfied that the person is temporarily absent from that residence because the person is absent from Australia; and
 (b) the Commission is satisfied that the person's absence from Australia is temporary; and
 (c) the Commission is satisfied that the person is unable to return to Australia before the end of the following period because of circumstances beyond the person's control:
 (i) the 12 months mentioned in paragraph (9)(a), unless subparagraph (ii) of this paragraph applies;
 (ii) if the Commission has determined a period under subsection (9A) in relation to the person and that residence—that period.

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