Document ID: chunk:federal_register_of_legislation:C2024C00458:section:42ae
Version: federal_register_of_legislation:C2024C00458
Segment Type: section
Provision Reference: s 42AE
Character Range: 137112–138910

42AE  Unemployment failures
 (1) A person commits an unemployment failure if:
 (a) the person is receiving a participation payment; and
 (aa) in the case where the participation payment is parenting payment—the person is not someone to whom paragraph 500(1)(ca) of the 1991 Act applies; and
 (b) the person becomes unemployed:
 (i) as a direct or indirect result of a voluntary act of the person; or
 (ii) as a result of the person's misconduct as an employee.
Note: In certain circumstances a person is taken to be receiving a participation payment even if it is not payable to the person: see section 42AQ.
 (2) A person also commits an unemployment failure if:
 (a) the person is not receiving, but has made a claim for, a participation payment; and
 (aa) in the case where the participation payment is parenting payment—the person is not someone to whom paragraph 500(1)(ca) of the 1991 Act applies; and
 (b) the person becomes unemployed (whether before or after making the claim):
 (i) as a direct or indirect result of a voluntary act of the person; or
 (ii) as a result of the person's misconduct as an employee.
 (3) However, a person does not commit an unemployment failure because of subparagraph (1)(b)(i) or (2)(b)(i) if the person satisfies the Secretary that the voluntary act was reasonable.
 (4) A person also does not commit an unemployment failure if:
 (a) the person is the principal carer of at least one child or has a partial capacity to work; and
 (b) the work in relation to which the person became unemployed was work of more than 15 hours per week.
Note 1: For principal carer see subsections 5(15) to (24) of the 1991 Act.
Note 2: For partial capacity to work see section 16B of the 1991 Act.

Subdivision C—Compliance action that must be taken for particular failures