Document ID: chunk:federal_register_of_legislation:C2007C00215:clause:4_501a:p1
Version: federal_register_of_legislation:C2007C00215
Segment Type: clause
Provision Reference: sch 4 cl 501A (pt 1/2)
Character Range: 60229–62982

501A  Parenting Payment Activity Agreement—terms

 (1) Subject to subsections (2) and (3) and sections 501B to 501E, a Parenting Payment Activity Agreement with a person is to require the person to undertake one or more activities that the Secretary regards as suitable for the person.

 (2) If a Parenting Payment Activity Agreement requires a person, during a period, to engage for at least 30 hours per fortnight in paid work that the Secretary regards as suitable, the agreement must not require the person to undertake any other activities.

 (3) An agreement must not contain a requirement of a kind that the Secretary determines under subsection (4).

 (4) The Secretary must determine, by legislative instrument, kinds of requirements that agreements must not contain.

 (4A) To avoid doubt, a determination under subsection (4) does not limit the Secretary's discretion to exclude other kinds of requirements from a particular agreement under subsection (1).

 (5) The terms of an agreement, which include the specification of the activities that the person is to be required to undertake, are to be approved by the Secretary.

 (6) In considering whether to approve the terms of an agreement with a person, the Secretary is to have regard to the person's capacity to comply with the proposed agreement and the person's needs.

 (7) In having regard to a person's capacity to comply with an agreement, the Secretary is to take into account, but is not limited to, the following matters:
 (a) the person's education, experience, skills and age;
 (b) the impact of any disability, illness, mental condition or physical condition of the person on the person's ability to work, to look for work or to participate in training activities;
 (c) the state of the local labour market and the transport options available to the person in accessing that market;
 (d) the participation opportunities available to the person;
 (e) the family and caring responsibilities of the person;
 (f) the length of travel time required for compliance with the agreement;
 (g) the financial costs of compliance with the agreement, such as travel costs, and the capacity to pay for such compliance;
 (h) any other matters that the Secretary or the person considers relevant in the circumstances.

 (8) An agreement with a person:
 (a) may be varied (in negotiation with the person) or suspended; and
 (b) if another Parenting Payment Activity Agreement is made with the person, may be cancelled; and
 (c) may be reviewed from time to time at the request of either party to the agreement; and
 (d) may be cancelled by the Secretary after a review under paragraph (c).

 (9) A recipient of parenting payment who is a party to an agreement is to notify the Secretary of any