32Time limit for exemption—end of person’s maximum exemption period

32 Time limit for exemption—end of person’s maximum exemption period

Cessation of exemption (1) A person ceases to be exempt under section 31 from the activity test if the person’s maximum exemption period ends. Maximum exemption period (2) A person’s maximum exemption period is: (a) if the person has, whether before or after the commencement of this section, given the Secretary a medical certificate for the purpose of enabling the Secretary to decide whether the person was required to satisfy the activity test—the lesser of the following periods: (i) the period stated in the certificate as the period for which the person would be incapacitated and could not undertake any activities for the purposes of the activity test for more than 8 hours a week; (ii) the period of 13 weeks that started or starts on the first day of the period so stated in the certificate; or (b) otherwise—the period of 4 weeks that started or starts on the day determined by the Secretary to have been the day on which the person’s incapacity began. Extension of maximum exemption period (3) The Secretary may extend a person’s maximum exemption period if: (a) both of the following apply: (i) the person has, whether before or after the commencement of this section, given the Secretary a certificate of a medical practitioner that states the matters listed in paragraph 31(1)(e) and is in accordance with the form approved for the purposes of that paragraph; (ii) the Secretary is satisfied that the person’s incapacity will continue after the end of the person’s maximum exemption period; or (b) both of the following apply: (i) within 14 days after the end of the person’s maximum exemption period the person gives the Secretary a certificate of a medical practitioner that states the matters listed in paragraph 31(1)(e) and is in accordance with a form approved for the purposes of that paragraph; (ii) the Secretary is satisfied that the person’s incapacity has continued after the end of the person’s maximum exemption period and that the incapacity will continue. (4) The extension of the maximum exemption period under subsection (3) must not be more than the lesser of the following periods: (a) the period stated in the certificate as the period for which the person will be incapacitated; (b) 13 weeks. (5) The Secretary may extend a person’s maximum exemption period, by no more than 4 weeks, if: (a) all of the following apply: (i) the person gives the Secretary written evidence (other than a certificate referred to in subparagraph (3)(a)(i)) that the person’s incapacity will continue after the end of the person’s maximum exemption period; (ii) the Secretary is satisfied that the person’s circumstances make it unreasonable to expect the person to obtain a certificate referred to in subparagraph (3)(a)(i) before the end of the maximum exemption period; (iii) the Secretary is satisfied that person’s incapacity will continue after the end of the person’s maximum exemption period; or (b) all of the following apply: (i) within 14 days after the end of the person’s maximum exemption period the person gives the Secretary written evidence (other than a certificate referred to in subparagraph (3)(b)(i)) that the person’s incapacity will continue after the end of the person’s maximum exemption period; (ii) the Secretary is satisfied that the person’s circumstances make it unreasonable to expect the person to obtain a certificate referred to in subparagraph (3)(b)(i); (iii) the Secretary is satisfied that the person’s incapacity has continued after the end of the person’s maximum exemption period and that the incapacity will continue; or (c) all of the following apply: (i) the person has, whether before or after the commencement of this section, given the Secretary a certificate referred to in subparagraph (3)(a)(i) before the end of the person’s maximum exemption period; (ii) before the end of the person’s maximum exemption period, the Secretary does not satisfy himself or herself that the person’s incapacity will continue after the end of that period; (iii) the sole or dominant cause of the Secretary failing to satisfy himself or herself is an act or omission of an officer of the Department.