Social Security Act 1991

Subject to subsections (2) and (3), a person has a special circumstances exemption in respect of a period if:

the Secretary is satisfied that special circumstances, beyond the person’s control, exist; and

the Secretary is satisfied that in those circumstances it would be unreasonable to expect the person to undertake full‑time study for that period.

Subsection (1) does not apply to circumstances wholly or predominantly attributable to the person’s misuse of alcohol or another drug, unless the person is a declared program participant, a new apprentice or undertaking full‑time study.

In making a decision under subsection (1), the Secretary is to have regard to the guidelines.

The Minister, by legislative instrument:

is to set guidelines for the exercise of the Secretary’s discretion under subsection (1A); and

may revoke or vary those guidelines.

The period referred to in subsection (1) is not to be more than 13 weeks.

If:

the Secretary makes more than one decision under subsection (1) or under subsection 731E(1); and

the periods to which the decisions relate form a continuous period;