Document ID: chunk:federal_register_of_legislation:C2018A00026:clause:15_42aj
Version: federal_register_of_legislation:C2018A00026
Segment Type: clause
Provision Reference: sch 15 cl 42AJ
Character Range: 255305–257434

42AJ  Reasonable excuses for mutual obligation failures—prior notification required for certain failures
 (1) For the purposes of paragraph 42AF(2)(b), an excuse cannot be a reasonable excuse for a mutual obligation failure mentioned in subsection (2) of this section that is committed by a person unless:
 (a) the person notifies the excuse as mentioned in subsection (3) of this section; or
 (b) the Secretary is satisfied that there were circumstances in which it was not reasonable to expect the person to give the notification.
Note: The Secretary may also decide for other reasons that the excuse is not a reasonable excuse.
 (2) The failures are as follows:
 (a) a failure to comply with a requirement that was notified to the person under subsection 63(2) to attend an office of the Department, to contact the Department, or to attend a particular place;
 (b) without limiting paragraph (a), a failure to attend, or to be punctual for, an appointment that the person is required to attend by a notice under subsection 63(2);
 (c) a failure to attend, to be punctual for, or to participate in, an activity that the person is required to undertake by an employment pathway plan that is in force in relation to the person;
 (d) a failure to attend, or to be punctual for, an appointment that the person is required to attend by an employment pathway plan that is in force in relation to the person.
 (3) The person must notify the excuse:
 (a) for a failure mentioned in paragraph (2)(a) or (b):
 (i) before the end of the time specified under subsection 63(2); and
 (ii) to the person or body specified by the Secretary as the person or body to whom prior notice should be given if the person is unable to comply with the notice under subsection 63(2); and
 (b) for a failure mentioned in paragraph (2)(c) or (d):
 (i) before the start of the activity on the day concerned, or before the time of the appointment; and
 (ii) to the person or body specified in the employment pathway plan as the person or body to whom prior notice should be given if the person is unable to undertake the activity or attend the appointment.