Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Secretary may, by writing, determine that a person is an exempt welfare payment recipient if:
(a) the person is the principal carer of a child who is a school age child or younger; and
(b) in relation to each child who is a school age child--the Secretary is satisfied that:
(i) the child is enrolled at a school, and, in each of the last 2 school terms that have ended, the child has had no more than 5 absences for reasons that are not satisfactory to a person responsible for the operation of the school; or
(ii) the child is enrolled at a school, and, in each of the last 2 school terms that have ended, the child has had more than 5 absences for reasons that are not satisfactory to a person responsible for the operation of the school but the person is taking reasonable steps to ensure that the child attends school as required by the law of the State or Territory concerned; or
(iii) the child is covered by a schooling arrangement that is acceptable under a law of a State or Territory as an alternative to a requirement under that law to enrol at, or attend, a school (for example, the child is home - schooled), and the child's schooling is progressing satisfactorily; or
(iv) the child is participating in an activity specified in an instrument made by the Minister under subsection (2); and
(c) in relation to each other child--the Secretary is satisfied that the person or the child is participating in the required number and kind of activities specified in an instrument made by the Minister under subsection (3); and
(d) the Secretary is satisfied that there were no indications of financial vulnerability in relation to the person during the last 12 - month period.
Alternative activities for school age children
(2) The Minister may, by legislative instrument, make a determination specifying activities for school age children for the purposes of subparagraph (1)(b)(iv).
Activities relating to children (other than school age children)
(3) The Minister must, by legislative instrument, make a determination specifying the number and kind of activities for a person, or the person's child (other than a school age child), for the purposes of paragraph (1)(c).
(4) Without limiting subsection (3), the activities that may be specified under that subsection may relate to a child's intellectual, physical or social development.
Decision - making principles relating to financial vulnerability
(5) In deciding whether the Secretary is satisfied as mentioned in paragraph (1)(d), the Secretary must comply with any decision - making principles determined under subsection (6) for the purposes of this subsection.
(6) The Minister may, by legislative instrument, determine decision - making principles for the purposes of subsection (5).
Determination not a legislative instrument
(7) A determination made by the Secretary under subsection (1) is not a legislative instrument.
(8) In this section:
"person responsible" , for the operation of a school, has the same meaning as in Part 3C.