Document ID: chunk:federal_register_of_legislation:C2004A04616:section:2:p7
Version: federal_register_of_legislation:C2004A04616
Segment Type: section
Provision Reference: s 2 (pt 7/32)
Character Range: 53011–55858

of performing the duties of that employment; and

      (ii) not later than 6 months after the loan is made; and

    (c) the amount of the loan is not substantially greater than the amount of those expenses that could reasonably be expected to be incurred by the employee; and

  (d) the employee is required:

        (i) to account to the employer, not later than 6 months after the loan is made, for expenses met from the loan; and

        (ii) to repay (whether by set-off or otherwise) any amount not so accounted for.

  "(4) The making of a loan is exempt if:

  (a) the loan consists of an advance by the employer to the employee; and

    (b) the sole purpose of the making of the loan is to enable the employee to pay any of the following amounts payable by the employee in respect of accommodation:

     (i) a rental bond;

     (ii) a security deposit in respect of electricity, gas or telephone services;

     (iii) any similar amount; and

    (c) the employee is required to repay (whether by set-off or otherwise) the loan not later than 12 months after the loan is made.

Housing benefits

"1157I. The subsistence of a housing right granted by a person (the 'provider') to another person (the 'recipient') constitutes a housing benefit provided by the provider to the recipient.

Exempt housing benefits—live-in residential care workers

  "1157J.(1) If, during a period:

  (a) the employer of an employee is:

      (i) a government body; or

      (ii) a religious institution; or

     (iii) a non-profit company;

    whose activities consist of, or include, caring for mature persons or disadvantaged persons; and

    (b) the duties of the employee's employment consist of, or consist principally of, caring for mature or disadvantaged persons; and

    (c) in the performance of those duties, the employee lives, together with mature persons or disadvantaged persons, in residential premises of the employer; and

    (d) the fact that the employee lives in those premises is directly related to the provision, in the course of the performance of the duties of the employee's employment, of care to the mature persons or disadvantaged persons living in those premises;

any benefit arising from the provision, during that period, of that accommodation to the employee or to the employee and a partner or dependent child of the employee who resides in those premises with the employee is exempt.

  "(2) In this section:

'residential premises' means a house or hostel used exclusively for the provision of residential accommodation to:

     (a) mature persons or disadvantaged persons and dependent children of mature persons or disadvantaged persons; and

    (b) persons the duties of whose employment consist of, or consist principally of, caring for persons referred to in paragraph (a); and

  (c) partners and