Commonwealth Consolidated Acts

FARM HOUSEHOLD SUPPORT ACT 2014 - SECT 31

  (1)   A person is exempt from the activity test for a period if:

  (a)   throughout the period, because of sickness or an accident, the person is incapacitated and cannot undertake any activities for the purposes of the activity test for more than 8 hours a week; and

  (b)   in the Secretary's opinion, no activities are of a kind that the person could be reasonably expected to undertake for the purposes of the activity test for more than 8 hours a week; and

  (c)   the incapacity is caused wholly, or virtually wholly, by a medical condition arising from the sickness or accident; and

  (d)   the incapacity is, or is likely to be, of a temporary nature; and

  (e)   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 and cannot undertake any activities for the purposes of the activity test for more than 8 hours a week; and

  (iv)   the period for which the person is incapacitated; and

  (f)   the Secretary is satisfied that the incapacity has not been brought about with a view to obtaining an exemption from the activity test.

Note:   A person who is exempt from the activity test under this section may still be taken to contribute a significant part of his or her labour to a farm enterprise (see section   11).

Requirements for making decisions

  (2)   The Secretary must comply with any requirements prescribed by the Minister's rules in deciding the following:

  (a)   whether paragraph   (1)(a), (c) or (d) applies to a person for a period;

  (b)   whether, for the purposes of paragraph   (1)(b), an activity is of a kind that a person could be reasonably expected to undertake.