Document ID: chunk:federal_register_of_legislation:C2025C00162:section:3:p1
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 3 (pt 1/6)
Character Range: 1750516–1753184

3                                    A year after 2011                                                                           22 years

 (4A) For the purposes of Parts 3.4A, 3.4B and 3.7, except section 1070G, a person is independent if the person is at least 25 years old.

Orphan
 (5) A person is independent if both of the person's parents are dead, whether or not the person is dependent, or was last dependent, on someone other than his or her parents.

If parents cannot exercise responsibilities
 (6) A person is independent if both of the person's parents are (or, if the person has only one parent, that parent is):
 (a) serving a prison sentence; or
 (b) mentally incapacitated and likely to remain so incapacitated for an indefinite period; or
 (c) living in a nursing home and likely to remain there for an indefinite period; or
 (d) missing;
whether or not the person is dependent, or was last dependent, on someone other than a parent of the person.

Refugee
 (7) A person is independent if the person:
 (a) is the holder, within the meaning of the Migration (1993) Regulations, of a Group 1.3 entry permit (permanent resident) (refugee and humanitarian); or
 (b) while the holder of such a permit, was granted Australian citizenship.
However, a person is not independent under this subsection if the person has a parent living in Australia, or is wholly or substantially dependent on someone else on a long‑term basis.

Person in State care
 (8) A person is independent if the person is not living with a parent, and:
 (a) the person is in the guardianship, care or custody of a court, a Minister, or a Department, of the Commonwealth, a State or a Territory; or
 (b) there is a current direction from such a court, Minister or Department placing the person in the guardianship, care or custody of someone who is not the person's parent; or
 (c) the person stopped being in a situation described in paragraph (a) or (b) only because of his or her age.
A person to whom this subsection applies is taken, for the purposes of this Part to be in State care.

Unreasonable to live at home
 (9) A person is independent if:
 (a) the person cannot live at the home of either or both of his or her parents:
 (i) because of extreme family breakdown or other similar exceptional circumstances; or
 (ii) because it would be unreasonable to expect the person to do so as there would be a serious risk to his or her physical or mental well‑being due to violence, sexual abuse or other similar unreasonable circumstances; or
 (iii) because the parent or parents are unable to provide the person with a suitable home owing to a lack of stable accommodation; and
 (b)