40P

Caring responsibilities

In force

(1)

A person is not required to satisfy the employment pathway plan requirements if a determination under this section is in effect in relation to the person.

Mandatory determination

(2)

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

(a)

the person is the principal carer of one or more children and that one or more of the following apply:

(i)

the person is a registered and active foster carer;

(ii)

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

(iii)

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

(iv)

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; or

(b)

the following apply:

(i)

the person is the principal carer of a child;

(ii)

the person is the principal carer of one or more other children or the main supporter of one or more secondary pupil children or both;

(iii)

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

(c)

the following apply:

(i)

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

(ii)

the person is a registered and active foster carer;

(iii)

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

(d)

the following apply:

(i)

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

(ii)

the person is a home educator or distance educator of one or more of those children; or

(e)

the following apply:

(i)

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

(ii)

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

(iii)

there is a document that provides for the kin child to live with the person for the care and wellbeing of the kin child and that is prepared or accepted by an authority of a State or Territory that has responsibility for the wellbeing of children;

(iv)

the person is acting in accordance with the document.

Note 1:

For principal carer see subsections 5(15) to (24) of the 1991 Act.

Note 2:

For registered and active foster carer see section 5B of the 1991 Act.

Note 3:

For home educator see section 5C of the 1991 Act.

Note 4:

For distance educator see section 5D of the 1991 Act.

Note 5:

For family law order see subsection 23(1) of the 1991 Act.

Note 6:

For relative (other than a parent) see section 5E of the 1991 Act.

Note 7:

For main supporter see section 5G of the 1991 Act.

Note 8:

For secondary pupil child see section 5F of the 1991 Act.

Note 9:

See also section 40U (general rules about determinations under this Subdivision).

Discretionary determination

(3)

The Employment Secretary may make a determination under this section in relation to the person if the Employment 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, not be required to satisfy the employment pathway plan requirements.

Note 1:

For principal carer see subsections 5(15) to (24) of the 1991 Act.

Note 2:

See also section 40U (general rules about determinations under this Subdivision).

Revocation

(4)

The Employment Secretary may revoke a determination under this section in relation to a person if the Employment Secretary is satisfied in all the circumstances that it is no longer appropriate for the determination to remain in effect.

This Act’s bill:Explanatory memorandum Second reading speech

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