Commonwealth Consolidated Acts

SOCIAL SECURITY ACT 1991 - SECT 544DA

             (1)  This section applies in relation to a Youth Allowance Employment Pathway Plan that is in force in relation to a person who is an early school leaver.

             (2)  Unless subsection (5) applies in relation to the person, the plan must require the person to undertake for at least the appropriate number of hours per week:

                     (a)  one or more approved courses of training or education; or

                     (b)  a combination of:

                              (i)  one or more approved courses of training or education; and

                             (ii)  one or more other activities that the Secretary considers suitable for the person.

             (3)  If subsection (5) applies in relation to the person, the plan must require the person to undertake, for at least the appropriate number of hours per week, one or more activities (other than an approved course of training or education) that the Secretary considers suitable for the person.

             (4)  The appropriate number of hours per week is:

                     (a)  25; or

                     (b)  such other number as the Secretary determines to be appropriate having regard to the person's circumstances.

             (5)  This subsection applies in relation to a person if:

                     (a)  there is no locally accessible approved course of training or education (including any such course available by distance education); or

                     (b)  where there is such a course:

                              (i)  there is no place available on the course for the person; or

                             (ii)  the person is not qualified to undertake the course; or

                            (iii)  the person lacks capacity to undertake the course because he or she has a physical, psychiatric or intellectual disability or a learning disability such as attention deficit disorder; or

                     (c)  in the Secretary's opinion, special circumstances exist that make it unreasonable to require the person to undertake an approved course of training or education.

             (6)  For the purposes of this section, a course is an approved course of training or education for a person if it:

                     (a)  is a course of study or instruction determined under section 5D of the Student Assistance Act 1973 as a secondary course or a tertiary course for the purposes of that Act; and

                     (b)  would, in the Secretary's opinion, assist or allow the person to complete the final year of secondary school or an equivalent level of education.

             (7)  The Secretary may, by legislative instrument, set guidelines for the exercise of the Secretary's discretion under (either or both):

                     (a)  paragraph (5)(c); and

                     (b)  paragraph (6)(b).

             (8)  In forming an opinion for the purposes of paragraph (5)(c) or (6)(b), the Secretary must have regard to the guidelines.