(1) A person is covered by a participation exemption for a period determined by the Secretary if:
(a) the Secretary is satisfied that special circumstances, beyond the person's control, exist; and
(b) the Secretary is satisfied that in those circumstances it would be unreasonable to expect the person to meet the participation requirements for that period.
(1A) Subsection (1) does not apply to circumstances wholly or predominantly attributable to the person's misuse of alcohol or another drug, unless the person is a declared program participant.
(2) The period determined under subsection (1) must not exceed 13 weeks.
(3) A determination under subsection (1) is not a legislative instrument.