16Approval of requirements

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.