Commonwealth Consolidated Acts Commonwealth Consolidated ActsGeneral
(1) Subject to subsection (2) of this section and sections 542B and 542C, a person has a temporary incapacity exemption if:
(a) throughout the period the person does not have the capacity to undertake the course of education in respect of which the person is undertaking full - time study because of sickness or an accident; and
(b) the incapacity is caused wholly, or virtually wholly, by a medical condition arising from the sickness or accident; and
(c) the incapacity is, or is likely to be, of a temporary nature; and
(d) the person has, whether before or after the commencement of this section, given the Secretary a certificate of a medical practitioner, in a form approved by the Secretary, stating:
(i) the medical practitioner's diagnosis; and
(ii) the medical practitioner's prognosis; and
(iii) that the person is incapacitated for study; and
(iv) the period for which the person is incapacitated for study; and
(e) the Secretary is satisfied that the incapacity has not been brought about with a view to obtaining an exemption from undertaking full - time study.
(1AA) Subsection (1) does not apply to sickness, or an accident, wholly or predominantly attributable to the person's dependence on alcohol or another drug, unless the person is a declared program participant, a new apprentice or undertaking full - time study.
(1A) The Secretary must comply with the guidelines (if any) determined and in force under subsection (1B) in deciding whether paragraph (1)(b) or (c) applies to a person in respect of a period.
(1B) The Minister may, by legislative instrument, determine guidelines to be complied with by the Secretary in making a decision referred to in subsection (1A).
Claimants for disability support pension
(2) This section does not apply to a person who is qualified for a youth allowance under section 540A.