Document ID: chunk:federal_register_of_legislation:C2022C00163:section:16
Version: federal_register_of_legislation:C2022C00163
Segment Type: section
Provision Reference: s 16
Character Range: 29445–31384

16  Approval of requirements
 (1) The requirements in a financial improvement agreement are to be approved by the Secretary.
 (2) In considering whether to approve the requirements in a financial improvement agreement that will be in force in relation to a person, the Secretary is to have regard to:
 (a) the person's capacity to comply with the requirements; and
 (b) the person's needs.

Matters to take into account in determining person's capacity to comply with requirements
 (3) In having regard to a person's capacity to comply with the requirements in a financial improvement agreement, the Secretary is to take into account the following matters:
 (a) the person's education, experience, skills and age;
 (b) the impact of any disability, illness, mental health condition or physical condition of the person on the person's ability to participate in activities;
 (c) the participation opportunities available to the person;
 (d) the family and caring responsibilities of the person, including whether:
 (i) the person is a registered and active foster carer of a child; or
 (ii) the person is a home educator or distance educator of a child; or
 (iii) a child lives with the person under a family law order, or other document that is prepared or accepted by an authority of a State or Territory that has responsibility for the wellbeing of children; or
 (iv) there are 4 or more children (which may include secondary pupil children), and the person is the principal carer or main supporter of the children;
 (e) the length of travel time required to comply with the requirements;
 (f) the financial costs (such as travel costs) of complying with the requirements, and the person's capacity to pay for such costs;
 (g) the state of the local labour market and the transport options available to the person in accessing that market;
 (h) any other matters that the Secretary or the person considers relevant in the circumstances.