Commonwealth Consolidated Acts

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FARM HOUSEHOLD SUPPORT ACT 2014 - SECT 16

Approval of requirements

  (1)   The requirements in a financial improvement agreement are to be approved by the Secretary.

  (2)   In considering whether to approve the requirements in a financial improvement agreement that will be in force in relation to a person, the Secretary is to have regard to:

  (a)   the person's capacity to comply with the requirements; and

  (b)   the person's needs.

Matters to take into account in determining person's capacity to comply with requirements

  (3)   In having regard to a person's capacity to comply with the requirements in a financial improvement agreement, the Secretary is to take into account the following matters:

  (a)   the person's education, experience, skills and age;

  (b)   the impact of any disability, illness, mental health condition or physical condition of the person on the person's ability to participate in activities;

  (c)   the participation opportunities available to the person;

  (d)   the family and caring responsibilities of the person, including whether:

  (i)   the person is a registered and active foster carer of a child; or

  (ii)   the person is a home educator or distance educator of a child; or

  (iii)   a child lives with the person under a family law order, or other document that is prepared or accepted by an authority of a State or Territory that has responsibility for the wellbeing of children; or

  (iv)   there are 4 or more children (which may include secondary pupil children), and the person is the principal carer or main supporter of the children;

  (e)   the length of travel time required to comply with the requirements;

  (f)   the financial costs (such as travel costs) of complying with the requirements, and the person's capacity to pay for such costs;

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

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



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