3.2.4.130 Refugee Exemption for Under 18s

Circumstances of exemption

This exemption may be available to young refugees (1.1.R.110) whose capacity to undertake full-time education is reduced because they:

  • have experienced torture, imprisonment or other traumatic circumstances, OR
  • lack sufficient English language skills, OR
  • have recently arrived in Australia and need to arrange stable accommodation.

It is necessary for the person to meet the definition of a refugee.

Act reference: SSAct section 543A(2A)(m) … is a refugee whose capacity to undertake full-time education is reduced because…, section 543A(2A)(p) …is receiving Commonwealth funded intensive assistance for jobseekers or…

Policy reference: SS Guide 1.1.M.160 Mutual obligation requirements, 3.2.11.90 Mutual obligation requirements for YA early school leavers - inability to secure an appropriate place

Duration of exemption

The young person can be given an exemption for up to 13 weeks, although this can be extended in exceptional circumstances.

Example: If the young person has no English language skills, and needs more than 13 weeks to develop sufficient skills to participate in education or training.

Activity test (1.1.M.160) requirements

An EPP is required, UNLESS the YA recipient is exempt from the activity test because of other exceptional circumstances. If this is not the case, then an EPP would be required, taking into account the person's capacity and personal circumstance. In some circumstances, voluntary activities such as torture or trauma counselling and/or part-time English language training may be considered as appropriate.

Act reference: SSAct section 542 Situations in which a person is not required to satisfy the activity test, section 542H Special circumstances exemption, section 543A(2A)(m) … is a refugee whose capacity to undertake full-time education is reduced because…, section 543A(2B) If the following circumstances exist in relation to the person in respect of a period…

Policy reference: SS Guide 3.2.9 Mutual obligation requirements for NSA/YA Job Seekers - Suitable Activities, 3.2.4.160 Other Special Circumstance Exemption for Under 18s

Last reviewed: 15 August 2016