Exemptions from mutual obligation requirements for prison release customers 001-09020120

Job seekers recently released from prison have been identified for assistance as they are more likely to face a range of disadvantages in their efforts to seek, gain and maintain employment. As such, they are at greater risk of becoming long-term unemployed.

As part of the new claim process, the Participation Interview will determine a customer's job readiness, any barriers to participation and capability to look for and accept work through the Job Seeker Snapshot.

This will result in an appropriate referral for assistance being identified for the job seeker and may include an appointment with a Service Officer or specialist officer (for example, social worker). Book a social worker appointment for customers who are homeless or at risk of homelessness.

In assessing a customer's capacity to participate, the interviewing Service Officer should:

• take into account the job seeker's individual and family circumstances
• take into account whether or not the job seeker has to comply with a restrictive order
• work with the job seeker to identify opportunities for greater participation
• match the job seeker's needs with the most appropriate type of assistance
• motivate the job seeker to voluntarily take up a range of appropriate activities
• for a Centrelink managed job seeker, negotiate the activities to be included in their Job Plan

Service Officers are to refer to the information in a job seeker's Job Seeker Snapshot, for an assessment of the job seeker's relative level of advantage or disadvantage in the employment market. Service Officers must check the status of a job seeker's Job Seeker Snapshot in case more information is required about the impact of a job seeker's possible barriers to employment.

See Centrelink service standards and procedures for pre-release and post-release prison customers for specific claim and interview steps required for initial contact with these job seekers prior to release.

The negotiation process to set participation goals, discuss appropriate activities and make referrals must be undertaken jointly by the job seeker and the Service Officer.

A Provider managed job seeker does this with their provider rather than Centrelink.

Service Officers must engage with the job seeker to determine which activities they will undertake that will improve the job seeker's employment prospects. There is some scope to include suitable activities from the customer's restricted orders, such as study or unpaid community work. However, there are limitations on including activities such as involuntary psychiatric, psychological or medical treatment.

Generally, Centrelink will only negotiate Job Plans with job seekers who will be Centrelink managed.

Consider whether the job seeker should be required to satisfy normal mutual obligation requirements. If so, options include:

• granting a new mutual obligation requirements exemption, or
• extending, ending or changing the type of an existing mutual obligation requirements exemption

While an exemption is in place, job seekers can register with an Employment Services Provider. This may be offered where early support from a provider may help re-integration.

All job seekers can request an exemption if their circumstances mean they cannot meet their mutual obligation requirements. Reasons can include, but are not limited to, a temporary incapacity due to a medical condition, including a serious illness, principal carers with caring needs, expectant mother, refugees or customers experiencing a major personal crisis.

Job seekers recently released from prison who have participated in the Time to Work Employment Service (TWES) programme up until release, are not eligible for a Major Personal Crisis (MPC) exemption solely on the basis of prison release.

For all other job seekers recently released from prison, it will often be appropriate to grant an exemption for 2 weeks to give the person time to adjust to life outside, and to sort out basic personal arrangements. The exemption may be extended in certain circumstances.

A job seeker undertaking a Community Service Order for more than 20 hours per week may be granted an exemption for up to 13 weeks. After the 13 weeks, any further time is expected to be undertaken in combination with job search.

Customers released under supervision orders (known as an Extended Supervision Order (ESO) in Victoria and South Australia) may be granted an exemption for an initial 13 weeks. This exemption will be reviewed and extended as required.

From 1 July 2018, in most cases, exemptions cannot be granted due to substance misuse. If a customer is released on a Drug Treatment Order and has to participate in a Drug Court Program, the activity will be included in their Job Plan for no more than 6 months at a time. The Job Plan will need to be updated every 6 months taking into consideration their Drug Court program obligations and their ability to look for and take up suitable work.

If a job seeker is currently exempt from mutual obligation requirements, they are unable to negotiate a Job Plan with Centrelink but may choose to volunteer to be connected with an Employment Services Provider.

If a current exemption from their mutual obligation requirements is in place, the job seeker will need to negotiate or renegotiate their Job Plan with either Centrelink or their provider (if they are provider managed) once the exemption period ends, when a review will be conducted.

When a job seeker has been recently released from prison, record the details on the Circumstances Impacting Compliance screen.