Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Secretary may determine that a person commits a serious failure if:
(a) the person is receiving a participation payment; 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: A participation payment is not payable for 8 weeks for a serious failure (see section 42P).
Note 2: See Division 2B for the circumstances in which paid work is unsuitable to be done by a person.
(2) Despite subsection (1), the Secretary must not determine that a person commits a serious failure under that subsection if:
(a) the person satisfies the Secretary that the person has a reasonable excuse for the failure; or
(b) the person is someone to whom section 42SB applies.
Note: The Secretary must take certain matters into account for the purposes of paragraph (a) and may be prohibited from taking other matters into account for those purposes (see section 42U).
(3) Despite subsection (1), the Secretary must not determine that a person commits a serious failure under that subsection 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.