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

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.

Consider if the customer should be required to look for work:

Process Direct, for customers who:

• submit an online claim or a Service Officer has completed the Assisted Customer Claim (ACC) workflow, when in the claim:
• select > Participation Interview > Job seeker registration & provider referral information > Start job seeker registration
• are currently receiving a payment:
• select Customer Summary from the Process Direct landing page
• enter the customer's CRN, select Go
• in the customer's record select > Participation Summary > Job seeker registration & provider referral information > Start job seeker registration

Checks and reviews:

• Assess the customer's current circumstances discussed during the assessment phase of the Participation interview:
• Review any information from the Job Seeker Snapshot responses
• Check information from Services Australia specialists and professional staff, and external providers

Decide whether it is appropriate to grant an exemption from their mutual obligation requirements or approve an activity for the customer as fully meeting their requirements, for example paid work or study. For guidance about this decision-making process, see approved activities for Job Plans and mutual obligation requirement exemptions.

Are standard mutual obligation requirements (job search) appropriate?

• Yes, the customer will be provider managed and must be referred to a provider through normal (RapidConnect) processes to negotiate appropriate activities in a Job Plan. Go to Step 2
• No, and:
• the customer can have an alternative activity (for example, paid work or study) approved by Services Australia, see Approved activities included in Job Plans. Procedure ends here
• an exemption may be granted, go to Step 3

Run the Job Seeker Snapshot. If other barriers are identified, refer to an Employment Services Assessment as appropriate.

Note: if a customer has participated in the Time to Work Employment Service (TWES) programme before claiming a payment they should have had a Job Seeker Snapshot completed while in prison. If so, they will not need another completed at claim, unless there has been a change in circumstances which may affect the outcome of the Job Seeker Snapshot. If the Job Seeker Snapshot has not been done, they will need a Job Seeker Snapshot completed as per usual practices.

Registration with Employment Services Provider as a job seeker

Pre-release prisoners who are not yet receiving an income support payment can be directly registered by a provider as a Fully Eligible Participant (FEP), where arrangements have been made for them to be released on licence to engage in paid work. These people will be referred by State and Territory government Departments of Corrective Services to an Employment Services Provider for direct registration.

The level of Employment Provider Services for pre-released prisoners referred to Workforce Australia providers will depend on their Job Seeker Snapshot. Service Officers should be aware of local organisations offering specialised assistance for job seekers and other people recently released from prison. Job seekers in this group will often benefit from a high level of ongoing support, particularly if it starts immediately or very soon after their release.

Job seekers in a CDP region can be referred to the CDP provider for that region for employment services prior to the grant of an income support payment.

Job seekers recently released from prison can be granted an MPC exemption for 2 weeks. A longer period may be considered on a case by case basis. These customers generally find it difficult to focus on looking for work immediately after their release from prison, as many will need to sort out basic personal needs such as food, accommodation and clothing.

To record an approved activity in Process Direct:

• Key 'AEX' in the Super Key field, select Enter
• The Activity and Exemption Summary (AEX) will display
• Select
• Create Activity and Exemption Summary (AEX) will display
• Select MPC - Major personal crisis for the Activity Type
• Complete the Start date and End date fields, select Save
• Complete the Receipt Date and Channel fields, select Save
• Select Assess and address any errors/warnings
• Finalise the transaction by selecting Assess again, then select Finish. Record details of the update on the Finalise screen
• Select Finalise to complete the transaction

Note: if a job seeker recently released from prison has participated in the Time to Work Employment Service (TWES) programme up until release, then they are not eligible for an MPC exemption solely on the basis of prison release. If the TWES participant is experiencing other forms of crisis, not solely prison release, an MPC exemption may still be granted at the discretion of the Service Officer.

Job seekers undertaking a Community Service Order for more than 20 hours per week may be granted a CSO exemption for up to 13 weeks. After the 13 week period any remaining part of the Community Service Order must be undertaken together with job search. With the customer's consent, the Service Officer should liaise with the job seeker's Parole or Community Corrections worker to help determine the most appropriate level of participation required for individual orders.

Customers released under supervision orders (known as Extended Supervision Orders (ESOs) in Victoria and South Australia) may be granted an MPC exemption. These customers have strict conditions when they are released from prison which may include ongoing supervision, restrictions on travel, curfews, electronic monitoring, and/or ongoing assessment processes. The requirements of these orders can significantly impact on the customer's ability to satisfy their mutual obligation requirements and can be in force for 8 to 10 years.

An MPC exemption should only be granted when a customer's circumstances make it unreasonable for them to meet any of their mutual obligation requirements. Before an exemption is granted, consideration should be given to adjusting or reducing a person's requirements. Where the customer is provider managed this is the responsibility of their Employment Services Provider. Employment Services Providers are required to provide individually tailored support to meet the needs of each customer.

If a customer cannot satisfy their mutual obligation requirements due to the conditions of an ESO, an exemption for 13 weeks is granted. This exemption is manually reviewed and extended as appropriate.

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 need to be included in their Job Plan for no more than 6 months at a time. The Job Plan will be updated every 6 months and take into consideration their Drug Court program obligations and their ability to look for and take up suitable work. Drug courts operate in NSW, QLD, SA, VIC and WA, although their formation, process and procedures differ across jurisdictions. The main aim of these courts is to divert illicit drug users from incarceration into treatment programs for their addiction.

Note: the substance misuse changes do not apply to Community Development Program (CDP) participants. If a job seeker ceases to be a CDP participant and they currently have an exemption from their mutual obligation requirements for a reason that is wholly or mainly caused by their substance misuse, the exemption will remain in place for the duration of the original exemption period granted. Any further exemptions will be determined under the new policy that applies to anyone outside a CDP defined region.

If a Service Officer is considering making updates to an existing or previous mutual obligation requirements exemption that was based on a recommendation by a specialist officer, they should normally consult with a specialist before taking any further action.

Job seekers can register as a voluntary job seeker with a Workforce Australia/CDP provider while an exemption is in place. This may be offered where early support from a provider may help reintegration.

Follow coding requirements, see Exempting a job seeker from mutual obligation requirements due to special circumstances.