Social Security Act 1991

Subject to subsections (1B) and (2), if, in the opinion of the Secretary, a person has reduced his or her employment prospects by moving to a new place of residence without sufficient reason, a jobseeker payment is not payable to the person for 26 weeks.

Subsection (1) extends to a person who makes a claim for jobseeker payment on or after the day on which the person moved to the new place of residence and before the end of the period referred to in that subsection.

If a person to whom a jobseeker payment is not payable under subsection (1) for a period of 26 weeks (including that subsection as it applies by subsection (1A)) does either of the following during that period:

moves back to the place of residence (the original place of residence) the movement from which resulted in jobseeker payment not being payable to him or her;

moves to another place of residence a movement to which from the original place of residence would not have resulted in jobseeker payment not being payable to him or her;

Subsection (1) does not apply to a person who:

is undertaking an activity specified in an instrument made under subsection (2A); and

has been exempted from the application of subsection (1) by the Secretary.

The Secretary may, by legislative instrument, specify activities for the purpose of paragraph (2)(a).

For the purposes of subsection (1), a person has a sufficient reason for moving to a new place of residence if and only if the person:

moves to live with a family member who has already established his or her residence in that place of residence; or

moves to live near a family member who has already established residence in the same area; or

satisfies the Secretary that the move is necessary for the purposes of treating or alleviating a physical disease or illness suffered by the person or by a family member; or

satisfies the Secretary that the person has moved from his or her original place of residence because of an extreme circumstance which made it reasonable for the person to move to the new place of residence (for example, the person had been subjected to domestic or family violence in the original place of residence).

For family member see subsection 23(1).

The Secretary may determine in writing the day on which the period of non‑payment imposed by subsection (1) commences and that day may be before the day of the determination.