Document ID: chunk:federal_register_of_legislation:C2004C01347:clause:1_731m:p1
Version: federal_register_of_legislation:C2004C01347
Segment Type: clause
Provision Reference: sch 1 cl 731M (pt 1/2)
Character Range: 36798–39520

731M  Special Benefit Activity Agreements—terms

 (1) A Special Benefit Activity Agreement with a person who is a nominated visa holder is to require the person to undertake one or more of the following activities approved by the Secretary:
 (a) a job search;
 (b) a vocational training course;
 (c) training that would help in searching for work;
 (d) paid work experience;
 (e) measures designed to eliminate or reduce any disadvantage the person has in the labour market;
 (f) subject to subsection (2), an approved program of work for unemployment payment;
 (g) another activity that the Secretary regards as suitable for the person and that is agreed between the person and the Secretary.

 (1A) The Secretary is not to require a person to undertake any activity referred to in subsection (1) other than a vocational training course that is an approved program unless the Secretary is satisfied that the person could be reasonably expected to undertake such an activity.

 (1B) For the purposes of subsection (1), an approved program means a literacy, language or numeracy program approved by the Secretary.

 (2) An agreement must not require the person concerned to participate in an approved program of work for unemployment payment if:
 (a) the person has not turned 18; or
 (b) the person or the person's partner has income; or
 (c) in the Secretary's opinion:
 (i) 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
 (ii) performing the work in the conditions in which the work would be performed would constitute a risk to health or safety or would contravene a law of the Commonwealth, a State or a Territory relating to occupational health and safety.

 (3) The terms of an agreement, which include the specification of the activities that the person is to be required to undertake, are to be approved by the Secretary.

 (4) In considering whether to approve the terms of an agreement with a person who is a nominated visa holder, the Secretary is to have regard to the person's capacity to comply with the proposed agreement and the person's needs.

 (5) In having regard to the person's capacity to comply with an agreement and the person's needs, the Secretary is to take into account:
 (a) the person's education, experience, skills, age and physical condition; and
 (b) the state of the labour market in the locality where the person resides; and
 (c) the training opportunities available to the person; and
 (d) any factors that the Secretary considers relevant in the circumstances.

 (6) An agreement with a person:
 (a) may be varied or suspended; and
 (b)