Social Security (Reasonable Excuse) (FaCSIA) Determination 2006 (Cth)
Social Security (Reasonable Excuse) (FaCSIA) Determination 2006
as amended
made under subsections 740(2A), 742(2A) and 745(1A) of the
Social Security Act 1991
This compilation was prepared on 25 August 2006
taking into account amendments up to Social Security (Reasonable Excuse) (FaCSIA) Amendment Determination 2006 (No. 1)
Prepared by the Legal Services Branch,
Department of Families, Community Services and Indigenous Affairs, Canberra
Contents
Page
1......... Name of Determination
2......... Commencement
3......... Definitions
4......... Matters to be taken into account in determining if a person had a reasonable excuse
Notes to the Social Security (Reasonable Excuse) (FaCSIA) Determination 2006
1 Name of Determination
This Determination is the Social Security (Reasonable Excuse) (FaCSIA) Amendment Determination 2006 (No. 1)2006.
2 Commencement
This Determination commences on 1 July 2006.
3 Definitions
In this Determination:
Act means the Social Security Act 1991.
Note Other words and phrases used in this Determination that are defined in the Act have the meaning given by the Act.
4 Matters to be taken into account in determining if a person had a reasonable excuse
(1) If the Secretary has reason to believe that one or more of the matters set out in subsection (2) is relevant to the question of whether:
(a) for subsection 740 (2) of the Act, a person had a reasonable excuse for committing a special benefit participation failure; or
(b) for paragraph 742 (2) (a) of the Act, a person had a reasonable excuse for a failure of a kind referred to in paragraph 742 (1) (c) of the Act; or
(c) for paragraph 745 (1) (d) of the Act, a person had a reasonable excuse for refusing or failing to accept a suitable offer of employment;
the Secretary must take the matter into account.
(2) The matters are:
(a) the fact that the person is living in a non-permanent location on the streets or is using emergency accommodation or refuge at the time that the failure or refusal occurred; and
(b) the literacy and language skills of the person, if the person’s lack of such skills is significant; and
Example for paragraph (b)
If the person is unable to comprehend a requirement or an instruction, despite the requirement or instruction being delivered in a form that the person is most likely to comprehend.
(c) any illness, impairment or condition of the person that requires frequent treatment, including any illness that is episodic or unpredictable in nature; and
(d) any cognitive or neurological impairment of the person; and
(e) any psychiatric or psychological impairment or mental illness of the person; and
(f) any drug or alcohol dependency of the person; and
(g) any unforeseen family or caring responsibilities of the person; and
(h) the death of an immediate family member; and
(i) if:
(i) the person has been in gaol; and
(ii) the period that the person spent in gaol exceeded 14 days; and
(iii) the person has been released; and
(iv) the person was released not more than 28 days before the person’s failure to comply with the Act;
the person’s release from gaol.
(3) For subsections (1) and (2), the Secretary must be satisfied that the matter had a significant effect on the person’s capacity to comply with the requirement or the provision of the Act to which the failure or refusal relates.
Notes to the Social Security (Reasonable Excuse) (FaCSIA) Determination 2006
Note 1
The Social Security (Reasonable Excuse) (FaCSIA) Determination 2006 (in force under subsections 740(2A), 742(2A) and 745(1A) of the Social Security Act 1991) as shown in this compilation is amended as indicated in the Tables below.
Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments.
Table of Instruments
| Title | Date of | Date of | Application, saving or |
| Social Security (Reasonable Excuse) (FaCSIA) Determination 2006 | 8 February 2006 (see F2006L00350) | 1 July 2006 | |
| Social Security (Reasonable Excuse) (FaCSIA) Amendment Determination 2006 (No. 1) | 27 June 2006 (see F2006L01986) | 1 July 2006 immediately after the commencement of the Social Security (Reasonable Excuse) (FaCSIA) Determination 2006 | — |
Table of Amendments
| ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted | |
| Provision affected | How affected |
| S. 4(2).................................... | am. 2006 F2006L01986 |
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