Document ID: chunk:federal_register_of_legislation:C2007C00215:clause:4_502:p1
Version: federal_register_of_legislation:C2007C00215
Segment Type: clause
Provision Reference: sch 4 cl 502 (pt 1/3)
Character Range: 68327–70970

502  Secretary may impose additional participation requirements

 (1) Subject to sections 502A and 502B, if the Secretary is of the opinion that, throughout a period, a person who:
 (a) is subject to participation requirements; and
 (b) is not covered by a participation exemption under Division 3A;
should undertake particular paid work, other than paid work that is unsuitable to be done by the person, the Secretary may notify the person that the person is required to act in accordance with the opinion.

Note 1: For when a person is subject to participation requirements see subsection 23(1).

Note 2: See subsection (4) on what paid work is unsuitable.

 (2) To avoid doubt, the work that the person is required to undertake under subsection (1) may involve a number of hours per week that differs from the number of hours of work per week that the person is required to seek to comply with a Parenting Payment Activity Agreement between the Secretary and the person.

 (3) The person can be taken not to have complied with requirements notified to the person under subsection (1) whether or not the person has complied with requirements to enter into a Parenting Payment Activity Agreement and comply with its terms.

 (4) Subject to subsections (7) and (8), for the purposes of this section, particular paid work is unsuitable for a person if and only if, in the Secretary's opinion:
 (a) the person lacks the particular skills, experience or qualifications that are needed to perform the work and no training will be provided by the employer; or
 (b) it has been established that there is medical evidence that the person has an illness, disability or injury that would be aggravated by the conditions in which the work would be performed; or
 (c) the person does not have access to appropriate care and supervision, for the one or more children for whom the person is the principal carer, at the times when the person would be required to undertake the work; or

Note: For principal carer see subsections 5(15) to (24).
 (d) performing the work in the conditions in which the work would be performed would constitute a risk to health or safety and would contravene a law of the Commonwealth, a State or a Territory relating to occupational health and safety; or
 (e) the work would be covered by the Australian Fair Pay and Conditions Standard, but the terms and conditions for the work would be less generous than the minimum terms and conditions for the work under the Australian Fair Pay and Conditions Standard; or
 (f) the work would not be covered by the Australian Fair Pay and Conditions Standard, but, if it were so covered,