(1) A person commits a work refusal failure if:
(a) the person is receiving a participation payment; and
(aa) in the case where the participation payment is parenting payment--the person is not someone to whom paragraph 500(1)(ca) of the 1991 Act applies; and
(b) the person refuses or fails to accept an offer of paid work in Australia, except particular paid work that is unsuitable to be done by the person.
Note 1: In certain circumstances a person is taken to be receiving a participation payment even if it is not payable to the person: see section 42AQ.
Note 2: See Division 2B for the circumstances in which paid work is unsuitable to be done by a person.
(2) However, a person does not commit a work refusal failure if:
(a) the person is the principal carer of at least one child or has a partial capacity to work; and
(b) the person refuses or fails to accept an offer of paid work in Australia that is more than 15 hours per week.
Note 1: For principal carer see subsections 5(15) to (24) of the 1991 Act.
Note 2: For partial capacity to work see section 16B of the 1991 Act.