Commonwealth Consolidated ActsWhen 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 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).
Secretary may have regard to advice from case manager
(2) In making a determination under paragraph (1)(c), the Secretary may have regard to any advice given by a case manager to whom the person has been referred under Part 4.3 of the Employment Services Act 1994 .
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.
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