Document ID: chunk:federal_register_of_legislation:F2018L00779:reg:5
Version: federal_register_of_legislation:F2018L00779
Segment Type: reg
Provision Reference: reg 5
Character Range: 2255–4411

5  Matters to be taken into account in deciding whether a person has a reasonable excuse
 (1) For subsections 42AI(1) and 42U(1) of the Act, the matters set out in subsection (2) are matters that the Secretary must take into account in deciding whether a person has a reasonable excuse for committing a failure.
 (2) The matters are:
 (a) the person did not have access to safe, secure and adequate housing, or was using emergency accommodation or a refuge, at the time of the failure;
 (b) the literacy and language skills of the person;

         Example for paragraph (b):

          If the person is unable to comprehend a requirement or an instruction, despite the requirement or instruction being delivered in a form that the person is most likely to comprehend.

 (c) an illness, injury, impairment or disability of the person;
 (d) a cognitive, neurological, psychiatric or psychological impairment or mental illness of the person;
 (e) a drug or alcohol dependency of the person;
 (f) unforeseen family or caring responsibilities of the person;
 (g) the person was subjected to criminal violence (including domestic violence and sexual assault);
 (h) the person was adversely affected by the death of an immediate family member or close relative;
 (i) the person was undertaking paid work at the time of the failure;
 (j) the person was attending a job interview at the time of the failure.
 (3) Without limiting paragraph (2)(a), a person is taken not to have access to safe, secure and adequate housing if:
 (a) the housing to which the person has access:
 (i) damages, or is likely to damage, the person's health; or
 (ii) threatens or is likely to threaten the person's safety; or
 (iii) does not provide the person with access to a reasonable level of personal amenities or support that housing normally affords; or
 (b) in the circumstances, the adequacy, safety, security or affordability of the housing to which the person has access is adversely affected or may be adversely affected; or
 (c) the person does not have a right to remain, or a reasonable expectation of being able to remain, in the housing to which the person has access.