85EEMaximum period of eligibility for individual who is absent from Australia

#### 85EE Maximum period of eligibility for individual who is absent from Australia (1) If an individual leaves Australia, the maximum period for which the individual can be eligible for CCS or ACCS during that absence from Australia is the period of 6 weeks beginning on the first day of that absence. (2) If: (a) an individual is eligible for CCS or ACCS while the individual is absent from Australia; and (b) the individual then ceases to be eligible for CCS or ACCS because of the application of subsection (1) or a previous application of this subsection; and (c) the individual returns to Australia; and (d) the individual leaves Australia again less than 6 weeks after returning to Australia; the individual is not eligible for CCS or ACCS at any time during the absence from Australia referred to in paragraph (d). (3) The Secretary may extend the 6 week period (the initial period) referred to in subsection (1), to a period of no more than 3 years, if the Secretary is satisfied that the individual is unable to return to Australia within the initial period because of any of the following events: (a) a serious accident involving the individual or a family member of the individual; (b) a serious illness of the individual or a family member of the individual; (c) the hospitalisation of the individual or a family member of the individual; (d) the death of a family member of the individual; (e) the individual’s involvement in custody proceedings in the country in which the individual is located; (f) a legal requirement for the individual to remain outside Australia in connection with criminal proceedings (other than criminal proceedings in respect of a crime alleged to have been committed by the individual); (g) robbery or serious crime committed against the individual or a family member of the individual; (h) a natural disaster in the country in which the individual is located; (i) political or social unrest in the country in which the individual is located; (j) industrial action in the country in which the individual is located; (k) a war in the country in which the individual is located. (4) The Secretary must not extend the initial period under subsection (3) unless: (a) the event occurred or began during the initial period; and (b) if the event is political or social unrest, industrial action or war—the individual is not willingly involved in, or willingly participating in, the event. (5) The Secretary may extend the 6 week period referred to in subsection (1), to a period of no more than 3 years, if the Secretary is satisfied that, under the Medical Treatment Overseas Program administered by the Minister who administers the National Health Act 1953, financial assistance is payable in respect of the absence from Australia of the individual. (6) The Secretary may extend the 6 week period referred to in subsection (1), to a period of no more than 3 years, if the Secretary is satisfied that the individual mentioned in the subsection is unable to return to Australia within the 6 week period because the individual is: (a) deployed outside Australia as a member of the Defence Force, under conditions specified in a determination made under the Defence Act 1903 that relates to such deployment; or (b) deployed outside Australia, for the purpose of capacity‑building or peacekeeping functions, as: (i) a member or a special member of the Australian Federal Police; or (ii) a protective service officer within the meaning of the Australian Federal Police Act 1979.