Social Security Act 1991

The Secretary may extend the person’s portability period for the payment if the Secretary is satisfied that the person is unable to return to Australia because of any of the following events:

a serious accident involving the person or a family member of the person;

a serious illness of the person or a family member of the person;

the hospitalisation of the person or a family member of the person;

the death of a family member of the person;

the person’s involvement in custody proceedings in the country in which the person is located;

a legal requirement for the person to remain outside Australia in connection with criminal proceedings (other than criminal proceedings in respect of a crime alleged to have been committed by the person);

robbery or serious crime committed against the person or a family member of the person;

a natural disaster in the country in which the person is located;

political or social unrest in the country in which the person is located;

industrial action in the country in which the person is located;

a war in the country in which the person is located.

The Secretary must not extend the person’s portability period under subsection (1) unless:

the event occurred or began during the period of absence; and

if the event is political or social unrest, industrial action or war—the person is not willingly involved in, or willingly participating in the event.

If the Secretary extends a person’s portability period under subsection (1), the person’s portability period for the payment, for the purposes of this Part, is the extended period.