8Requirements for active participation

8 Requirements for active participation

(1) For subsection 94(3C) of the Act, a person has actively participated in a program of support if the person satisfies the following requirements:

(a) the person has:

(i) complied with the requirements of the program of support; and

(ii) participated in a program of support during the relevant period;

(b) subsection (2), (3), (4) or (5) is satisfied in relation to the person and the program of support;

(c) subsection (6) is satisfied in relation to the person and the program of support.

Requirements for period of participation in program of support

(2) This subsection is satisfied in relation to a person and a program of support if the person participated in the program of support for at least 18 months during the relevant period.

Note: A period during which a person does not participate in a program of support is not to be counted (see section 9).

(3) This subsection is satisfied in relation to a person and a program of support if:

(a) the duration of the program of support was less than 18 months; and

(b) the person completed the entire program during the relevant period.

(4) This subsection is satisfied in relation to a person and a program of support if:

(a) the program of support was terminated before the end of the relevant period; and

(b) the program of support was terminated because the person was unable, solely because of their impairment, to improve their capacity to prepare for, find or maintain work through continued participation in the program.

(5) This subsection is satisfied in relation to a person and a program of support if:

(a) at the end of the relevant period, the person is participating in the program of support; and

(b) the person is prevented, solely because of their impairment, from improving their capacity to prepare for, find or maintain work through continued participation in the program.

Information required to be provided to the Secretary

(6) This subsection is satisfied in relation to a person and a program of support if the person provides the Secretary with the following information in relation to the program of support:

(a) the details of the designated provider of the program;

(b) the dates when the person started to participate in the program and, if applicable, ceased to participate in the program;

(c) the reason for ceasing to participate in the program (if any);

(d) any period during which the person did not participate in the program, including as a result of any exemption, relief or suspension from the program;

(e) the reason for any period during which the person did not participate in the program;

(f) the terms of the program that were specifically tailored to address the person’s level of impairment, individual needs, barriers to employment and capacity to work;

(g) the terms with which the person had to comply in order to satisfy the requirements of the program and the level of compliance with those terms;

(h) the vocational, rehabilitation or employment activities the person participated in as a part of the program;

(i) the frequency of contact that the person had with the designated provider of the program.