542FA

Disabled children or other family circumstances exemption

In force

General

(1)

A person has a disabled children or other family circumstances exemption in respect of a period that the Secretary determines under this section in relation to the person.

Circumstances in which a determination may be made

(2)

The Secretary may make a determination under this section in relation to the person if the Secretary is satisfied that the person is the principal carer of one or more children:

(a)

who suffer from a physical, intellectual or psychiatric disability or illness; and

(b)

whose care needs are such that the person should, for the period specified in the determination, be exempt from undertaking full‑time study.

Note:

For principal carer see subsections 5(15) to (24).

(3)

The Secretary must make a determination under this section in relation to the person if the Secretary is satisfied that the person is the principal carer of one or more children, and that:

(a)

the person is a registered and active foster carer; or

(b)

the person is a home educator of that child, or one or more of those children; or

(c)

the person is a distance educator of that child, or one or more of those children; or

(d)

under a family law order that the person is complying with, a child, of whom the person is a relative (other than a parent), is to live with the person.

Note 1:

For principal carer see subsections 5(15) to (24).

Note 2:

For registered and active foster carer see section 5B.

Note 3:

For home educator see section 5C.

Note 4:

For distance educator see section 5D.

Note 5:

For family law order see subsection 23(1).

Note 6:

For relative (other than a parent) see section 5E.

(3A)

The Secretary must make a determination under this section in relation to the person if the Secretary is satisfied that:

(a)

the person is the principal carer of a child; and

(b)

the person is one or both of the following:

(i)

the principal carer of one or more other children;

(ii)

the main supporter of one or more secondary pupil children; and

(c)

there are 4 or more of the children of whom the person is the principal carer or main supporter.

Note 1:

For principal carer see subsections 5(15) to (24).

Note 2:

For main supporter see section 5G.

Note 3:

For secondary pupil child see section 5F.

(3B)

The Secretary must make a determination under this section in relation to the person if the Secretary is satisfied that the person:

(a)

is not the principal carer of one or more children; and

(b)

is a registered and active foster carer; and

(c)

is providing foster care to a child temporarily in an emergency or to give respite to another person from caring for the child.

Note 1:

For principal carer see subsections 5(15) to (24).

Note 2:

For registered and active foster carer see section 5B.

(3C)

The Secretary must make a determination under this section in relation to the person if the Secretary is satisfied that the person:

(a)

is the main supporter of one or more secondary pupil children; and

(b)

is a home educator or distance educator of one or more of those children.

Note 1:

For main supporter see section 5G.

Note 2:

For secondary pupil child see section 5F.

Note 3:

For home educator see section 5C.

Note 4:

For distance educator see section 5D.

(3D)

The Secretary must make a determination under this section in relation to the person if the Secretary is satisfied that:

(a)

the person is the principal carer of one or more children; and

(b)

the person is a relative (other than a parent) of a child (the kin child); and

(c)

there is a document that:

(i)

provides for the kin child to live with the person for the care and wellbeing of the kin child; and

(ii)

is prepared or accepted by an authority of a State or Territory that has responsibility for the wellbeing of children; and

(d)

the person is acting in accordance with the document.

Note 1:

For principal carer see subsections 5(15) to (24).

Note 2:

For relative (other than a parent) see section 5E.

(4)

The Secretary may make a determination under this section in relation to the person if the Secretary is satisfied that:

(a)

the person is a person included in a class of persons specified under subsection (5); and

(b)

the person’s circumstances are such that the person should be exempt from undertaking full‑time study for the period.

(5)

The Secretary may, by legislative instrument, specify classes of persons in respect of whom determinations under this section may be made.

Duration of period

(6)

The period that the Secretary determines under this section, except subsection (3B), must be the lesser of:

(a)

the period that the Secretary considers to be appropriate; or

(b)

12 months.

(6A)

The period that the Secretary determines under subsection (3B) in relation to the person must be the lesser of:

(a)

the period:

(i)

starting when the person starts to provide foster care to the child; and

(ii)

ending 12 weeks, or a shorter period determined by the Secretary, after the person ceases to provide foster care to the child; and

(b)

12 months.

(7)

A period determined by the Secretary under this section in relation to the person may be followed by one or more other periods (not exceeding 12 months) determined under this section in relation to the person.

Revocation of determination

(8)

The Secretary may revoke a determination under this section in relation to a person if the Secretary is satisfied that the grounds on which the determination was made no longer exist.

(9)

Subsection (8) does not affect any operation that subsection 33(3) of the Acts Interpretation Act 1901 has in relation to a determination under this section.

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