Document ID: chunk:federal_register_of_legislation:C2022A00032:clause:1_40l
Version: federal_register_of_legislation:C2022A00032
Segment Type: clause
Provision Reference: sch 1 cl 40L
Character Range: 45407–48019

40L  Circumstances making it unreasonable etc. to comply with requirements
 (1) A person is not required to satisfy the employment pathway plan requirements if a determination under this section is in effect in relation to the person.

Circumstances beyond a person's control
 (2) The Employment Secretary may make a determination under this section in relation to the person if:
 (a) the Employment Secretary is satisfied that circumstances exist that are beyond the person's control; and
 (b) the Employment Secretary is satisfied that in those circumstances it would be unreasonable to expect the person to comply with the employment pathway plan requirements.
Note: See also section 40U (general rules about determinations under this Subdivision).

Other circumstances
 (3) The Employment Secretary may make a determination under this section in relation to the person if the Employment Secretary is satisfied in all the circumstances that the person should not be required to satisfy the employment pathway plan requirements.
Note: See also section 40U (general rules about determinations under this Subdivision).

Exception—misuse of alcohol or another drug
 (4) Subsection (2) or (3) does not apply to circumstances wholly or predominantly attributable to the person's misuse of alcohol or another drug, unless the person is a declared program participant.

Examples of relevant circumstances
 (5) The Employment Secretary may make a determination under subsection (2) or (3) in relation to a person in circumstances that relate to, but are not limited to, the following:
 (a) the person having a temporary incapacity resulting in the person being unable to undertake work for at least 8 hours per week, where the person has given the Employment Secretary a certificate of a medical practitioner, in the form (if any) approved by the Employment Secretary, that supports the incapacity being caused by a medical condition arising from sickness or an accident;
 (b) the person experiencing a marriage or relationship breakdown;
 (c) the death of an immediate family member of the person;
 (d) the person having suffered a significant personal crisis;
 (e) the person having been affected by an emergency, disaster or public health crisis.

Revocation of determination
 (6) The Employment Secretary may revoke a determination under this section in relation to a person if the Employment Secretary is satisfied in all the circumstances that it is no longer appropriate for the determination to remain in effect.

Later exemptions do not limit this section
 (7) Sections 40M to 40T do not limit this section.