When a person is taken to be required to live away from home
(1) A person is taken to be required to live away from home for the purposes of Part 2.11B and this Part if, and only if:
(a) the person is not independent; and
(b) the person does not live at the home of either or both his or her parents; and
(c) the Secretary determines that:
(i) the person needs to live away from home for the purpose of education, training, searching for employment or doing anything else in preparation for getting employment; or
(ii) the likelihood of the person's getting employment will be significantly increased if the person lives away from home; or
(iii) the person needs to live away from home because the person is a new apprentice.
Note: For parent see section 5 (paragraph (a) of that definition).
Matters to which Secretary is to have regard
(3) In making a determination under subparagraph (1)(c)(ii), the Secretary is to have regard to:
(a) the overall employment prospects for young people in the areas where the home is situated and in the area where the person is living; and
(b) matters relating to the person that would affect the likelihood of the person's getting employment in those areas.
Parents of relationship children
(4) If a person (other than a person who is an adopted child) is a relationship child of another person because he or she is a child of the other person, and of a third person, within the meaning of the Family Law Act 1975 , the other person and the third person are taken to be the person's only parents for the purposes of paragraph (1)(b).