Document ID: chunk:federal_register_of_legislation:F2019L00285:clause:1_8
Version: federal_register_of_legislation:F2019L00285
Segment Type: clause
Provision Reference: sch 1 cl 8
Character Range: 3902–5807

8  Major personal crisis
  Special circumstances
 (1) Special circumstances, beyond a person's control, exist if:
 (a) the person is experiencing a major personal crisis; and
 (b) the experience has a major disruptive consequence for the person.

  Examples of a major personal crisis
 (2) A major personal crisis includes, but is not limited to, each of the following:
 (a) the death of a family member;
 (b) for a person who is a member of a couple, the breakdown of that relationship;
 (c) the person is homeless and unable to obtain stable accommodation;
 (d) domestic violence.

  Examples of a major disruptive consequence for a person
 (3) A major disruptive consequence includes, but is not limited to, each of the following:
 (a) the person needs to arrange a funeral for a deceased family member or make arrangements for the property of the deceased family member;
 (b) the person needs to arrange alternative accommodation;
 (c) the person needs to move belongings away from his or her present accommodation;
 (d) the person needs to arrange care for his or her child;
 (e) the person needs to attend counselling.

  Maximum exemption period
 (4) In the special circumstances mentioned in subsection (1), except where the person is homeless and unable to obtain stable accommodation, it may be unreasonable to expect the person to satisfy the activity test:
 (a)  for a period of up to 2 weeks, starting when the person begins to experience the major personal crisis; or
 (b) for a period of up to 4 weeks, if the special circumstances are extremely traumatic for the person, starting when the person begins to experience the major crisis.
 (5) In the circumstance where the person is homeless and unable to obtain stable accommodation, it may be unreasonable to expect the person to satisfy the activity test for a period of up to 13 weeks, starting at the beginning of that circumstance.