Document ID: chunk:federal_register_of_legislation:C2019A00062:clause:1_124phb
Version: federal_register_of_legislation:C2019A00062
Segment Type: clause
Provision Reference: sch 1 cl 124PHB
Character Range: 3757–6225

124PHB  Person can responsibly manage the person's affairs
 (1) A person may apply to the Secretary to exit the trial of cashless welfare arrangements.

Form of application
 (2) The application must be in a form approved by the Secretary.

Secretary's decision on application
 (3) The Secretary may determine that the person is not a trial participant if the Secretary is satisfied that:
 (a) the person can demonstrate reasonable and responsible management of the person's affairs (including financial affairs), taking into account all of the following:
 (i) the interest of any children for whom the person is responsible;
 (ii) whether the person was convicted of an offence against a law of the Commonwealth, a State or a Territory, or was serving a sentence of imprisonment for such an offence, at any time in the last 12 months;
 (iii) risks of homelessness;
 (iv) the health and safety of the person and the community;
 (v) the responsibilities and circumstances of the person;
 (vi) the person's engagement in the community, including the person's employment or efforts to obtain work; and
 (b) the person satisfies any requirements determined in an instrument under subsection (6).
 (4) The Secretary must give the person written notice of the Secretary's decision on the application. If the Secretary refuses to make a determination, the notice must set out the reasons for the refusal.
 (5) A determination under subsection (3) is not a legislative instrument.

Minister's instrument
 (6) The Minister may, by legislative instrument, determine requirements for the purposes of paragraph (3)(b).
 (7) Before the Minister makes a determination under subsection (6), the Minister must:
 (a) consult with local communities and trial participants; and
 (b) have regard to any feedback received as a result of those consultations.

Reconsideration of Secretary's determination
 (8) If a health or community worker considers that it is necessary for the person who is the subject of a determination under subsection (3) to be a trial participant for medical or safety reasons, the worker may request the Secretary to reconsider the determination.
 (9) If the Secretary receives such a request and the Secretary is no longer satisfied of the matters in paragraphs (3)(a) and (b), the Secretary must revoke the determination.

Person may make another application
 (10) Subsection (9) does not prevent the person from making another application under subsection (1).