(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.