Document ID: chunk:federal_register_of_legislation:C2005C00734:clause:1_501b:p2
Version: federal_register_of_legislation:C2005C00734
Segment Type: clause
Provision Reference: sch 1 cl 501B (pt 2/3)
Character Range: 24261–27008

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 costs of compliance with the agreement, such as travel costs, and the capacity to pay for such compliance; and
 (h) any other matters that the Secretary or the person considers relevant in the circumstances.

Variation, suspension, cancellation and review

 (5) A participation agreement with a person:
 (a) may be varied (in negotiation with the person) or suspended by the Secretary; and
 (b) if another participation agreement is made with the person—may be cancelled by the Secretary; and
 (c) may be reviewed from time to time by the Secretary at the request of either party to the agreement; and
 (d) may be cancelled by the Secretary after a review under paragraph (c).

Cooling‑off period

 (5A) Within 14 days of the terms of the participation agreement being approved, those terms may be varied by the person with the approval of the Secretary.

Requirement to notify

 (5B) The Secretary must advise the person of the effect of subsection (5A).

Avoidance of doubt

 (5C) To avoid doubt, subsection (5A) does not prevent the person at any time from requesting a review of an agreement under paragraph (5)(c).

Circumstances preventing or affecting compliance

 (6) The party to a participation agreement other than the Secretary must tell the Secretary of any circumstances preventing or affecting the party's compliance with the agreement.

Situations in which participation in an approved program of work for income support payment cannot be required

 (7) A participation agreement with a person must not provide for participation in an approved program of work for income support payment if:
 (a) 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 Territory relating to occupational health and safety; or
 (b) the program of work requires the person to move from a home in one place to a home in another place.

Effect of participation in an approved program of work for income support payment

 (8) A person is not to be taken, merely by participating in an approved program of work for income support payment in accordance with the terms of a participation agreement under this section, to be:
 (a) an employee within the