Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:11:p5
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 11 (pt 5/30)
Character Range: 122120–124882

the rating mentioned in subparagraph (b)(iii) is equal to, or exceeds, the impairment rating specified in a legislative instrument made by the Minister for this paragraph; and
 (d) if the person to whom the certificate relates is not the resident, the resident has a permanent or long‑term need for assistance in providing the direct assistance mentioned in subparagraph (b)(iv); and
 (e) the assistance cannot reasonably be:
 (i) provided by any other relative of the resident, being a relative who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; or
 (ii) obtained from welfare, hospital, nursing or community services in Australia; and
 (f) the applicant is willing and able to provide to the resident substantial and continuing assistance of the kind needed under subparagraph (b)(iv) or paragraph (d), as the case requires.
 (2) A certificate meets the requirements of this subregulation if:
 (a) it is a certificate:
 (i) in relation to a medical assessment carried out on behalf of a health service provider specified by the Minister in an instrument in writing; and
 (ii) signed by the medical adviser who carried it out; or
 (b) it is a certificate issued by a health service provider specified by the Minister in an instrument in writing in relation to a review of an opinion in a certificate mentioned in paragraph (a), that was carried out by the health services provider in accordance with its procedures.
 (3) The Minister is to take the opinion in a certificate that meets the requirements of subregulation (2) on a matter mentioned in paragraph (1)(b) to be correct for the purposes of deciding whether an applicant satisfies a criterion that the applicant is a carer.

1.15A  Spouse
 (1) For subsection 5F(3) of the Act, this regulation sets out arrangements for the purpose of determining whether 1 or more of the conditions in paragraphs 5F(2)(a), (b), (c) and (d) of the Act exist.
 (2) If the Minister is considering an application for:
 (a) a Partner (Migrant) (Class BC) visa; or
 (b) a Partner (Provisional) (Class UF) visa; or
 (c) a Partner (Residence) (Class BS) visa; or
 (d) a Partner (Temporary) (Class UK) visa;
the Minister must consider all of the circumstances of the relationship, including the matters set out in subregulation (3).
 (3) The matters for subregulation (2) are:
 (a) the financial aspects of the relationship, including:
 (i) any joint ownership of real estate or other major assets; and
 (ii) any joint liabilities; and
 (iii) the extent of any pooling of financial resources, especially in relation to major financial commitments; and
 (iv) whether one person in the relationship owes any legal obligation in respect of the other; and
 (v) the basis of any sharing