Document ID: chunk:federal_register_of_legislation:C2022A00032:clause:1_40x:p2
Version: federal_register_of_legislation:C2022A00032
Segment Type: clause
Provision Reference: sch 1 cl 40X (pt 2/2)
Character Range: 64887–66887

has a severe medical condition and the condition makes it unreasonable for the person to accept the offer; or
 (f) the acceptance of the offer would jeopardise the current paid work, or the paid work prospects, of the person's partner; or
 (g) the person or the person's partner has a child under the age of 16 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) Without limiting subsection (2), if a person, when seeking paid work through an employment service provider, represents to the provider that the person is willing to undertake work outside the area in which the person's home is situated, the person is taken to have sought work outside that area.

Legislative instrument
 (4) The Employment Secretary must, by legislative instrument, determine matters to be taken into account in working out whether particular paid work is unsuitable to be done by a person for the purposes of paragraph (1)(i).
 (5) Subsection (4) does not limit the matters that may be taken into account in working out whether particular paid work is unsuitable to be done by a person for the purposes of paragraph (1)(i).

Interpretation
 (6) To avoid doubt, for the purposes of this section, paid work is not unsuitable to be done by a person merely because:
 (a) the work is not the person's preferred type of work; or
 (b) the work is not commensurate with the person's highest level of educational attainment or qualification; or
 (c) the level of remuneration for the work is not the person's preferred level of remuneration.

Division 2C—Guidelines