Document ID: chunk:federal_register_of_legislation:C2019A00045:clause:1_124pha
Version: federal_register_of_legislation:C2019A00045
Segment Type: clause
Provision Reference: sch 1 cl 124PHA
Character Range: 3134–5852

124PHA  Participants who responsibly manage their financial affairs

Application of this section
 (1) This section applies to a person if:
 (a) all of the following apply:
 (i) the person's usual place of residence is within a trial area where the Minister has authorised a body as a community body;
 (ii) the person applies to their local community body on or after 1 July 2019 to exit the trial of cashless welfare arrangements;
 (iii) the person's local community body is satisfied that the person satisfies the criteria mentioned in subsection (2);
 (iv) the community body notifies the Secretary in writing that it is so satisfied; or
 (b) all of the following apply:
 (i) the person's usual place of residence is not within a trial area where the Minister has authorised a body as a community body;
 (ii) the person applies to the Secretary on or after 1 July 2019 to exit the trial of cashless welfare arrangements;
 (iii) the Secretary is satisfied that the person satisfies the criteria mentioned in subsection (2).
Note: Subsection (4) sets out when this section ceases to apply to a person.

Criteria
 (2) The criteria for the purposes of subparagraphs (1)(a)(iii) and (b)(iii) are:
 (a) that the person can demonstrate reasonable and responsible management of their financial affairs, taking into account all of the following:
 (i) the interest of any children for whom the person is responsible;
 (ii) whether the person has a likelihood of engaging in any unlawful activity;
 (iii) risks of homelessness;
 (iv) the health and safety of the person and the community;
 (v) the responsibilities and circumstances of the person;
 (vi) the person's engagement in the community, including the person's employment or efforts to obtain work; and
 (b) any further criteria that the Minister determines, by legislative instrument, for the purposes of this subsection.
 (3) Before the Minister makes a determination under paragraph (2)(b), the Minister must:
 (a) consult with local communities and trial participants; and
 (b) have regard to any feedback received as a result of those consultations.

When this section ceases to apply
 (4) This section ceases to apply to a person if a health or community worker notifies the Secretary in writing that he or she has determined that it is necessary for a person to be a trial participant for medical or safety reasons.
 (5) To avoid doubt, the fact that this section ceases to apply to a person following a notification under subsection (4) does not prevent that person from again applying to exit the trial of cashless welfare arrangements.

[Minister's second reading speech made in—
House of Representatives on 13 February 2019
Senate on 3 April 2019]
(33/19)