A secondary school student is considered to meet the Activity Test for ABSTUDY if s/he:
- attends school on a daily basis; or
- does not attend school daily but meets the relevant State/Territory education authority’s requirements for home-based schooling; or
- does not attend school daily but meets the school’s requirements for study of course work at home; or
- does not attend school daily but meets the attendance requirements of their school programme as determined by the school e.g. modified school programme for high risk students; and
The following secondary school students are not subject to an Activity Test:
A secondary school student is considered to have an absence from school where s/he does not attend school on a day where attendance was required. There are two types of absences for secondary school students:
An approved absence is a period of absence that results from circumstances beyond the student or applicant’s control, and is approved by the school as such.
An absence of up to 10 days may be disregarded where it results from a transfer between schools.
Unapproved absences include full days of absence from classes in respect of which:
- the Principal or delegate of the approved education institution certifies that the secondary school student has not been in attendance at the school for the day; or
- the applicant informs Centrelink that the secondary school student has not been in attendance at the school for the day; and
Where retrospective approval of an absence has been granted by the school, the secondary school student will be considered to have had an approved absence.
If an education institution advises that a secondary school student has continuously failed to meet compulsory attendance requirements for a period in excess of two weeks without an acceptable reason, the secondary school student will be deemed to have discontinued full-time study. Refer to 73.3 to determine the date from which payments should be cancelled.
Full-time secondary school students will retain their entitlement to ABSTUDY during extended periods of approved absence, unless they discontinue study.
If a secondary school student subsequently resumes after an extended period of unapproved absence, the provisions in Chapter 73 Living Allowance entitlement periods will apply unless the education institution retrospectively approves the period of absence.
Where retrospective approval for an absence has been granted the secondary school student will not be considered to have discontinued full-time study.
A secondary school student has no entitlement to Living Allowance, Rent Assistance, Remote Area Allowance or Pharmaceutical Allowance for a period during which s/he is expelled, suspended or excluded from school.
Where payments have been made to a boarding school or hostel on a term-in-advance basis, and the student is subsequently suspended or expelled, refer to 73.3.2 Discontinued boarding at a boarding school and 73.3.3 Discontinued boarding at a hostel to determine the effect of the suspension or expulsion upon the term-in-advance payment.
Where a student fails to meet the requirements of the Activity Test, a breach may be applied.
The first breach of the Activity Test occurs where a student has accumulated a total of more than five days of unapproved absences in a school term. Where this has occurred, the secondary school student will be required to enter into an ABSTUDY Activity Agreement in order to remain eligible for ABSTUDY.
The second breach of the Activity Test occurs where a student has not complied with the terms of the Activity Agreement. Where a second breach has occurred, a penalty of 18% reduction of Maximum basic rate (Living Allowance) is applied for a period of 26 weeks.
The third breach of the Activity Test occurs where a student has again not complied with the terms of the Activity Agreement. Where a third breach has occurred, a penalty of 24% reduction of Maximum basic rate (Living Allowance) is applied for a period of 26 weeks.
The fourth breach of the Activity Test occurs where a student has still not complied with the terms of the Activity Agreement. Where a fourth (or subsequent) breach has occurred, a penalty of 100% reduction of Maximum basic rate (Living Allowance) plus add-ons (i.e. Rent Assistance, Remote Area Allowance and Pharmaceutical Allowance) is applied for a period of 8 weeks.
If, at the time of the application of one of the breach penalties detailed in 49.4.1, the secondary school student is already subject to one or more pre-existing breach penalties, these penalties are served concurrently, with the greater penalty being applied. That is, subsequent penalties replace pre-existing penalties.
Where a secondary school student incurs the first breach in a year by accumulating unapproved absences totalling more than 5 days in a term, s/he must enter into an ABSTUDY Activity Agreement in order to retain eligibility for payments.
An Activity Agreement is a written commitment by the student to undertake agreed activities in order to retain his/her entitlement to ABSTUDY. These activities are formulated as an outcome of negotiations between the secondary school student and Centrelink. The activity agreement is designed to reaffirm the student’s commitment to full-time study, and as such will take into account the student’s individual circumstances and will be based on reasonable and achievable activities that will lead to educational outcomes. This will include a requirement that the student must participate in full-time study, including attendance at school where required.
A secondary school student may be exempt from the requirement to enter an Activity Agreement where:
- there are circumstances that make it unreasonable for the student to meet normal attendance requirements, for example, major personal crisis, homelessness, caring responsibilities, bereavement or confinement; and
- the school approves the student’s exemption from normal attendance requirements.