Document ID: chunk:federal_register_of_legislation:C2007C00215:clause:4_500za:p1
Version: federal_register_of_legislation:C2007C00215
Segment Type: clause
Provision Reference: sch 4 cl 500ZA (pt 1/2)
Character Range: 90824–93644

500ZA  Parenting payment participation failures

 (1) A person commits a parenting payment participation failure if the person is subject to participation requirements and the person:
 (a) fails to comply with a requirement:
 (i) that was notified to the person under subsection 63(2) or 64(2) of the Administration Act; and
 (ii) that was reasonable; and
 (iii) the notification of which included a statement to the effect that a failure to comply with the requirement could constitute a parenting payment participation failure; or
 (b) fails to comply with a requirement to enter into a Parenting Payment Activity Agreement; or
 (c) fails to comply with a term of a Parenting Payment Activity Agreement between the Secretary and the person; or
 (d) fails to comply with a requirement that the Secretary notifies to the person under subsection 502(1); or
 (e) fails to attend a job interview; or
 (f) fails:
 (i) to commence, complete or participate in an approved program of work for income support payment that the person is required to undertake; or
 (ii) to comply with the conditions of such a program; or
 (g) fails to continue his or her involvement in a labour market program because he or she:
 (i) voluntarily ceases to take part in the program; or
 (ii) is dismissed from the program for misconduct; or
 (h) fails to comply with a requirement to undertake another activity referred to in paragraph 500ZB(1)(b).

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

 (2) Despite subsection (1), a failure of a kind referred to in that subsection is not a parenting payment participation failure if the person satisfies the Secretary that the person had a reasonable excuse for the failure.

 (2A) The Secretary must, by legislative instrument, determine matters that the Secretary must take into account in deciding whether, for the purposes of subsection (2), a person had a reasonable excuse for committing a parenting payment participation failure.

 (2B) To avoid doubt, a determination under subsection (2A) does not limit the matters that the Secretary may take into account in deciding whether, for the purposes of subsection (2), a person had a reasonable excuse for committing the parenting payment participation failure referred to in subsection (1).

 (3) Despite subsection (1), if a failure of a kind referred to in that subsection occurs in an instalment period of the person in which the person has already committed a parenting payment participation failure, the failure is not a parenting payment participation failure if:
 (a) the instalment period is the person's first instalment period for parenting payment; or
 (b) the instalment period is not the person's first instalment period for parenting payment, and:
 (i) the person did not commit a parenting