The phrase 'ordinarily in employment' covers situations where the young person is in salaried employment – it does not include self-employment, work as an independent contractor or hobby activities.
In its context, 'ordinarily' has the meaning 'usually' or 'on a regular basis'. Accordingly, it is necessary to examine the factual situation in each case to determine whether the young person is 'ordinarily in employment'. Common situations are discussed below.
If the young person has only recently started work, it would be inappropriate to determine that they are 'ordinarily' in employment. A work history of more than three months is an appropriate period for this assessment.
On the other hand, if the young person has a long work history and, just before the relevant event they temporarily ceased working, it may be appropriate to determine that they are still 'ordinarily' in employment.
The reasons for the cessation of employment may be relevant, for example:
would suggest that the young person had ceased to be ordinarily in employment when a student aged between 16 and 24 (inclusive) who undertakes:
will continue to be regarded as a full-time student and not 'ordinarily in employment' provided their annual income is less than 200% of the 'income bank' amount for Austudy Payment under S1067L-E2 of the Social Security Act.
In 1999/00, 2000/01, 2001/02 and 2002/03, this amount is $12,000 (200% x $6,000).
Links
[1] https://clik.dva.gov.au/user/login?destination=node/19805%23comment-form