Document ID: chunk:federal_register_of_legislation:C2006A00156:clause:1_5la:p4
Version: federal_register_of_legislation:C2006A00156
Segment Type: clause
Provision Reference: sch 1 cl 5LA (pt 4/4)
Character Range: 28516–30838

in a care situation or is an aged care resident—the period of 2 years beginning when the person started to be in a care situation or an aged care resident; and
 (c) any period during which:
 (i) the person is in a care situation or is an aged care resident; and
 (ii) the residence is, or because of paragraph (a) or (b) continues to be, the principal home of the person's partner or non‑illness separated spouse; and
 (d) if:
 (i) the person is in a care situation or is an aged care resident; and
 (ii) while paragraph (c) applies, the person's partner or non‑illness separated spouse dies while in a care situation or while an aged care resident; and
 (iii) the person's partner or non‑illness separated spouse had been in a care situation or an aged care resident for less than 2 years;
  the period of 2 years beginning at the time the person's partner or non‑illness separated spouse started to be in a care situation or an aged care resident; and
 (e) where:
 (i) the person is in a care situation or is an aged care resident; and
 (ii) while paragraph (c) applies, the person's partner or non‑illness separated spouse dies (but not while in a care situation or while an aged care resident);
  the period of 2 years from that death; and
 (f) any period of up to 2 years while the person is absent from the residence and is personally providing community‑based care for another person.

Note 1: For in a care situation, see subsection 5NC(2).

Note 2: For aged care resident, see subsection 5NC(5).

Reasonable security of tenure

 (10) If a person has a right or interest in the person's principal home, the person is to be taken to have a right or interest that gives the person reasonable security of tenure in the home unless the Commission is satisfied that the right or interest does not give the person reasonable security of tenure in the home.

Definition of title document

 (11) In this section:

title document, in relation to land, means:
 (a) in relation to land title which is registered under a Torrens system of registration—the certificate of title for the land; or
 (b) in any other case—the last instrument by which title to the land was conveyed.

Application of Legislative Instruments Act 2003

 (12) A determination under subsection (2) or paragraph (6)(b) is not a legislative instrument.