Document ID: chunk:federal_register_of_legislation:C2005C00734:clause:1_501:p2
Version: federal_register_of_legislation:C2005C00734
Segment Type: clause
Provision Reference: sch 1 cl 501 (pt 2/2)
Character Range: 16839–17822

and the capacity to pay for such compliance; and
 (h) any other matters that the Secretary or the person considers relevant in the circumstances.

Secretary must contact person before determining failure to comply with terms

 (5) The Secretary must not determine that a person has failed to take reasonable steps to comply with the terms of a participation agreement unless the Secretary:
 (a) is satisfied that the terms of the agreement were intended to assist the person over time in gaining employment or undertaking study or training; and
 (b) has made reasonable attempts to contact the person in relation to the requirement to comply with the terms of the agreement (and has documented each attempt to contact); and
 (c) if contact was able to be made, has had regard to the reasons, if any, provided by the person for not complying with the terms of the agreement; and
 (d) has confirmed the adequacy of the support that the Secretary agreed to provide under the agreement.