Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person is qualified for a mobility allowance at the rate specified in subsection 1044(1) if the person satisfies the travel test set out in subsection (2) of this section, the person is a person with disability, the person has turned 16 and:
(a) all of the following apply:
(ii) the person is engaged in gainful employment;
(iii) the Secretary is of the opinion that:
(A) the person is unable to use public transport without substantial assistance, either permanently or for an extended period; and
(B) the person's inability to use public transport without substantial assistance is due to the person's disability; and
(C) the person is engaged in the gainful employment for at least 32 hours in every 4 weeks on a continuing basis;
(iv) the person is an Australian resident; or
(b) all of the following apply:
(ii) the person is undertaking vocational training;
(iii) the Secretary is of the opinion that:
(A) the person is unable to use public transport without substantial assistance, either permanently or for an extended period; and
(B) the person's inability to use public transport without substantial assistance is due to the person's disability; and
(C) the person is undertaking the vocational training for at least 32 hours in every 4 weeks on a continuing basis;
(iv) the person is an Australian resident; or
(c) all of the following apply:
(ii) the person is receiving jobseeker payment, youth allowance or austudy payment;
(iii) the Secretary is of the opinion that:
(A) the person is unable to use public transport without substantial assistance, either permanently or for an extended period; and
(B) the person's inability to use public transport without substantial assistance is due to the person's disability; and
(iv) if the person is receiving jobseeker payment--the person is required to satisfy the employment pathway plan requirements;
(iva) if the person is receiving youth allowance--the person is undertaking full - time study (see section 541B) or is required to satisfy the employment pathway plan requirements;
(ivb) if the person is receiving austudy payment--the person is required to satisfy the activity test;
(v) the person is an Australian resident; or
(d) all of the following apply:
(ii) the Secretary is of the opinion that:
(A) the person is unable to use public transport without substantial assistance, either permanently or for an extended period; and
(B) the person's inability to use public transport without substantial assistance is due to the person's disability; and
(C) the person is undertaking job search activities under an agreement between the Secretary and a service provider nominated by the Secretary;
(iii) the person is an Australian resident; or
(e) all of the following apply:
(ii) the Secretary is of the opinion that:
(A) the person is unable to use public transport without substantial assistance, either permanently or for an extended period; and
(B) the person's inability to use public transport without substantial assistance is due to the person's disability; and
(C) the person is undertaking job search activities under the Competitive Employment Placement and Training Program administered by the Department;
(iii) the person is an Australian resident; or
(f) all of the following apply:
(ii) the Secretary is of the opinion that:
(A) the person is unable to use public transport without substantial assistance, either permanently or for an extended period; and
(B) the person's inability to use public transport without substantial assistance is due to the person's disability; and
(C) the person is engaged in voluntary work for at least 32 hours in every 4 weeks on a continuing basis;
(iii) the person is an Australian resident; or
(g) all of the following apply:
(ii) the Secretary is of the opinion that:
(A) the person is unable to use public transport without substantial assistance, either permanently or for an extended period; and
(B) the person's inability to use public transport without substantial assistance is due to the person's disability;
(iii) the Secretary is of the opinion that the person is undertaking a combination of any 2 or more of the following:
(A) gainful employment;
(B) vocational training;
(C) voluntary work;
for at least 32 hours in every 4 weeks on a continuing basis;
(iv) the person is an Australian resident; or
(h) all of the following apply:
(ii) the person is undertaking a vocational rehabilitation program or the person is being provided with supports or services that are specified in an instrument under subsection (2A) and are provided under an arrangement or grant under the Disability Services and Inclusion Act 2023 ;
(iii) the Secretary is of the opinion that:
(A) the person is unable to use public transport without substantial assistance, either permanently or for an extended period; and
(B) the person's inability to use public transport without substantial assistance is due to the person's disability;
(iv) the person is an Australian resident.
(2) A person satisfies the travel test mentioned in subsection (1) if the person is required to travel to and from the person's home for the purpose of:
(a) undertaking gainful employment; or
(b) undertaking vocational training; or
(c) undertaking job search activities; or
(d) undertaking voluntary work; or
(e) undertaking a vocational rehabilitation program or being provided with supports or services that are specified in an instrument under subsection (2A) and are provided under an arrangement or grant under the Disability Services and Inclusion Act 2023 .
(2A) The Secretary may, by legislative instrument, specify supports or services for the purposes of subparagraph (1)(h)(ii) or paragraph (2)(e). The supports or services must be employment supports or services within the meaning of the Disability Services and Inclusion Act 2023 .
(3) In this section:
"vocational rehabilitation program" means a rehabilitation program (or follow - up program) under Part III of the former Disability Services Act 1986 that provides a person with assistance to obtain or retain unsupported paid employment.
Note: A vocational rehabilitation program may include vocational training within the meaning of section 19.
"vocational training" means vocational training within the meaning of section 19, other than training provided as:
(a) part of a rehabilitation program or follow - up program under Part III of the former Disability Services Act 1986 ; or
(b) part of supports or services that are covered by an instrument in force under subsection (2A) of this section and are provided under an arrangement or grant under the Disability Services and Inclusion Act 2023 .
"voluntary work" means work approved by the Secretary undertaken in a voluntary capacity for charitable, welfare or community organisations.