Document ID: chunk:federal_register_of_legislation:C2005C00734:clause:1_501b:p1
Version: federal_register_of_legislation:C2005C00734
Segment Type: clause
Provision Reference: sch 1 cl 501B (pt 1/3)
Character Range: 21617–24505

501B  Participation agreement—nature and terms

Form of agreement

 (1) A participation agreement is a written agreement between the Secretary and another person, in a form approved by the Secretary, under which the person agrees to undertake, during each period of 26 weeks that the agreement is in force, approved activities anticipated to take 150 hours or such lesser number of hours as are agreed between them. Participation agreements will set out the support that the Secretary undertakes to provide to assist the person to meet his or her participation requirements in the negotiated agreement.

Approved activities

 (2) For the purposes of a particular participation agreement, approved activities constitute such particular activities, comprising one or more of the following activities, as are approved by the Secretary:
 (a) job search;
 (b) a vocational or pre‑vocational training course;
 (c) training that would help in searching for work;
 (d) paid work;
 (e) measures designed to eliminate or reduce any disadvantage the person has in relation to obtaining work;
 (f) subject to subsection (7)—voluntary participation in an approved program of work for income support payment;
 (g) participation in a labour market program;
 (h) participation in the PSP;
 (i) participation in a rehabilitation program as defined in section 23 of the Social Security Act 1991;
 (j) a course of education;
 (k) another activity that the Secretary regards as suitable for the person, including voluntary work, and that is agreed to between the person and the Secretary.

Secretary's considerations concerning approval of terms

 (3) In considering what terms of a participation agreement with a person to approve, the Secretary is to have regard to the person's capacity to comply with the terms of the proposed agreement 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 to 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