Document ID: chunk:federal_register_of_legislation:C2005C00734:clause:1_501:p1
Version: federal_register_of_legislation:C2005C00734
Segment Type: clause
Provision Reference: sch 1 cl 501 (pt 1/2)
Character Range: 14331–17093

501  General requirements relating to participation agreements

General

 (1) The requirements that apply to a person in respect of parenting payment participation agreements are as follows:
 (a) the person must enter into a participation agreement when the person is required by the Secretary under section 501A to do so;
 (b) while the agreement is in force the person must take reasonable steps to comply with its terms;
 (c) at any time while the agreement is in force the person must be prepared to enter into another such agreement, instead of the existing agreement, if required to do so by the Secretary.

What are reasonable steps?

 (2) For the purposes of paragraph (1)(b), a person is to be regarded as taking reasonable steps to comply with the terms of a participation agreement if the Secretary is satisfied:
 (a) that the person has attempted in good faith and to the best of his or her ability to comply with those terms; or
 (b) that the terms:
 (i) have never been appropriate; or
 (ii) because of a change in the person's circumstances since entry into the agreement, have become inappropriate;
  for compliance by that person.

Appropriate terms

 (3) In determining whether the terms of an agreement have always been, or have become, inappropriate for compliance by a person, the Secretary is to have regard to the person's capacity to comply with the terms and to the person's needs.

Capacity to comply with agreement, and person's needs

 (4) In having regard to a person's capacity to comply with the terms of a participation agreement and the person's needs, the Secretary is to take into account, but is not limited to, the following matters:
 (a) the person's education, experience, skills, age, disability, illness, mental and physical condition; and
 (b) the state of the local labour market and the transport options available to the person in accessing that market; and
 (c) the participation opportunities available to the person; and
 (d) the family and caring responsibilities of the person, (including those arising from any significant adverse effect on a PP child of a person that would result from the person's compliance with the terms of the agreement); and
 (e) current court proceedings in the Family Court or criminal courts or current child welfare concerns, such as drugs or school truanting; and
 (f) the length of travel time required for compliance with the agreement; and
 (g) the financial costs of compliance with the agreement, such as travel costs, and the capacity to pay for such compliance; and
 (h) any other matters that the Secretary or the person considers relevant in the circumstances.

Secretary must contact person before determining failure to comply with terms

 (5) The Secretary must not