Family and Community Services Legislation Amendment (Australians Working Together and other 2001 Budget Measures) Act 2003 (Incorporating amendments up to Act No. 122 of 2003) (35 of 2003)

Schedule 5   Flexible participation requirements for mature age newstart allowees

Social Security Act 1991

11B   Subsection 606(4)

Repeal the subsection, substitute:

(4) 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, age, disability, illness, mental and physical condition; and

(b) the state of the local labour market and the transport options available to the person in accessing that market; and

(c) the participation opportunities available to the person; and

(d) the family and caring responsibilities of the person; and

(e) the length of travel time required for compliance with the agreement, by reference to what constitutes unreasonably difficult commuting for the purposes of paragraph 601(2A)(g); and

(f) the financial costs of compliance with the agreement, such as travel costs, and the capacity to pay for such compliance; and

(g) any other matters that the Secretary or the person considers relevant in the circumstances.