(1) Subject to sections 544C, 544D and 544DA, a Youth Allowance Employment Pathway Plan that is in force in relation to a person is to contain one or more terms (the requirements ) that:
(a) the person is required to comply with; and
(b) the Secretary regards as suitable for the person.
(1A) A plan must not contain a requirement of a kind that the Secretary determines under subsection (1B).
(1B) The Secretary must determine, by legislative instrument, kinds of requirements that plans must not contain.
(1C) To avoid doubt, a determination under subsection (1B) does not limit the Secretary's discretion to exclude other kinds of requirements from a particular plan under subsection (1).
(1D) A plan may also contain one or more terms that the person may, but is not required to, comply with.
Approval of requirements
(2) The requirements in a plan are to be approved by the Secretary.
(3) In considering whether to approve the requirements in a plan 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.
(4) In having regard to a person's capacity to comply with the requirements in a plan , the Secretary is to take into account, but is not limited to the following matters:
(a) the person's education, experience, skills and age;
(aa) 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;
(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 to comply with the requirements ; and
(f) the financial costs (such as travel costs) of complying with the requirements, and the person's capacity to pay for such costs; and
(g) any other matters that the Secretary or the person considers relevant in the circumstances.
Variation, suspension, cancellation and review
(5) A plan that is in force in relation to a person:
(a) may be varied (in negotiation with the person) or suspended by the Secretary; and
(b) must be cancelled by the Secretary if the person enters into another Youth Allowance Employment Pathway Plan; and
(c) may be reviewed from time to time by the Secretary at the request of the Secretary or the person; and
(d) may be cancelled by the Secretary after a review under paragraph (c).
Circumstances preventing or affecting compliance
(6) If a plan is in force in relation to a person, the person must notify the Secretary of any circumstances preventing or affecting the person's capacity to comply with the requirements in the plan.
Situations in which participation in an approved program of work for income support payment cannot be required
(7) A Youth Allowance Employment Pathway Plan that is in force in relation to a person must not require the person to participate in an approved program of work for income support payment if:
(a) the person is under 18 years of age; or
(b) the person is undertaking full-time study; or
(c) because of the application of one or more Modules of the Youth Allowance Rate Calculator in section 1067G, the person would receive or is receiving a youth allowance at a rate that has been reduced; or
(d) in the Secretary's opinion:
(i) it has been established that there is medical evidence that the person has an illness, disability or injury that would be aggravated by the conditions in which the work would be performed; or
(ii) performing the work in the conditions in which the work would be performed would constitute a risk to health or safety or would contravene a law of the Commonwealth, a State or a Territory relating to occupational health and safety; or
(e) the program of work requires the person to move from a home in one place to a home in another place.
Revocation of requirement to participate in an approved program of work
(7A) If a Youth Allowance Employment Pathway Plan that is in force in relation to a person requires the person to participate in an approved program of work for income support payment, the Secretary may, by notice given to the person, revoke the requirement to participate in the program if the Secretary:
(a) is satisfied that the person is undertaking full-time study; or
(b) is satisfied that the person is a person to whom paragraph (7)(c) applies; or
(c) forms the opinion that subparagraph (7)(d)(i) or (ii) applies in relation to the performance of that work by the person.
Activities that do not give rise to employment under certain industrial relations legislation
(8) A person is not to be taken to be one of the following merely because the person participates in an approved program of work for income support payment, or undertakes an activity (other than suitable paid work), in accordance with a term (including an optional term) of a Youth Allowance Employment Pathway Plan under this section:
(a) a worker carrying out work in any capacity for the Commonwealth, or an employee of the Commonwealth, for the purposes of the Work Health and Safety Act 2011 ;
(b) an employee within the meaning of section 5 of the Safety, Rehabilitation and Compensation Act 1988 ;
(c) an employee for the purposes of the Superannuation Guarantee (Administration) Act 1992 ;
(d) an employee for the purposes of the Fair Work Act 2009 .