21Determining whether work is unsuitable

21 Determining whether work is unsuitable

(1) This section applies in determining whether work is unsuitable to be undertaken by a person for the purposes of paragraph 19(1)(d). Matters to be taken into account (2) The Secretary must take into account the following matters: (a) any other employment of the person that does not relate to the relevant farm; (b) the person’s education, experience, skills and age, and whether the employer for the work referred to in subsection (1) would provide training; (c) any disability, illness, mental health condition or physical condition of the person; (d) any family or caring responsibilities of the person; (e) if the person is a farmer—the workload associated with the operation of the farm; (f) any other matters that the Secretary considers relevant in the circumstances. When work is unsuitable (3) Despite subsection (2), particular paid work is unsuitable to be undertaken by a person if in the Secretary’s opinion: (a) the conditions in which the work would be performed would constitute a risk to health or safety and would contravene a law of the Commonwealth, a State or a Territory relating to occupational health and safety; or (b) the terms and conditions for the work would be less generous than the applicable statutory conditions; or (c) commuting between the person’s home and the place of work would be unreasonably difficult; or (d) the work would require enlistment in the Defence Force or the Reserves; or (e) the work would require the person to move from a home in a place to a home in another place; or (f) performing the work would jeopardise the current employment, or the employment prospects, of the person’s partner; or (g) the educational, cultural or religious background of the person makes it unreasonable for the person to perform the work; or (h) it is more appropriate for the person to participate in training, receive advice or undertake study than to perform the work; or (i) the person would suffer severe financial hardship if the person were to perform the work. Determination of additional matters (4) The Secretary’s rules may prescribe matters that the Secretary must take into account in deciding whether, for the purposes of paragraph (2)(f), particular paid work is unsuitable to be undertaken by a person. (5) To avoid doubt, the Secretary’s rules do not limit the matters that the Secretary may take into account in deciding whether particular paid work is unsuitable to be undertaken by a person.