Suitable/unsuitable work 001-09140000

• Full-time job seekers are required to look for and accept any offer of suitable full-time work, including casual or part-time work within 90 minutes commuting time between their home and place of work
• Principal carers of dependent children who are subject to mutual obligation requirements are required to look for and accept any offer of suitable work of up to 15 hours per week within 60 minutes commuting time from their home, from the job seeker's home to place of work - including the time involved in child care drop off and pick up. Principal Carer Parents (PCP) are not required to accept job offers that involve working more than 15 hours per week
• Job seekers assessed as having a partial capacity to work (PCW) are required to look for work of up to 15 hours per week, or their assessed capacity if less than 15 hours, that is within 60 minutes commuting time
• Job seekers aged 55 or older have standard job search requirements but can satisfy their mutual obligation requirements with a combination of part-time and/or approved voluntary work. They do not need to remain connected with their provider if fully meeting their requirements
• For further information, see the References page

Job seekers may not be required to look for work or may have a reduced job search requirement if:

• they have an exemption from mutual obligation requirements, or
• Workforce Australia have advised them they do not have any job search requirements to meet their points target, or
• they are fully meeting their mutual obligation requirements

The out of area job search expands the definition of suitable work. Job seekers who agree with their Employment Services Provider to seek work outside their local labour market are required to accept an offer of permanent full-time work (work of at least 35 hours per week for 12 months).

Job seekers assessed as having a partial capacity to work (PCW) are only required to accept work to their assessed capacity.

It is not compulsory for job seekers to look for work outside their local area. Agreement must be reached with the provider.

If the job seeker does not accept the offer of suitable work, they may be considered non-compliant. See Refusing or failing to accept a suitable job offer.

There are exceptions to the requirement to accept the offer of work, even if the customer has agreed to look outside their local area. See Policy under 1.1.U.55, Unsuitable work on the References page.

Relocating: Job seekers may also be expected to accept work that requires them to live away from home where they have done this in the past, or if they have previously stated they are prepared to move to a particular location to work. However, a job seeker is not usually expected to relocate if they are under 18, pregnant or have a dependent child.

A job seeker is not expected to accept a job or continue in a job if it:

• aggravates a job seeker's medical condition, disability or injury
• is above the job seeker's assessed work capacity within the next two years with intervention
• does not meet the applicable statutory conditions of work
• requires the person to change their place of residence where they are unwilling to move
• involves unreasonable commuting time from home to work (more than 60 minutes one way for PCPs and job seekers with an assessed PCW and more than 90 minutes one way for other job seekers)
• involves skills the job seeker does not possess, and appropriate training will not be provided by the employer
• involves enlistment in the Defence Force or Reserve Forces
• contradicts the moral, cultural or religious beliefs of the job seeker
• requires the person to get a vaccination to commence or continue the employment and the individual:
• is not vaccinated, and
• does not wish to be vaccinated or is unable to be vaccinated.
  This includes where vaccination is a requirement under applicable state or territory jurisdictional public health orders or directions

As well as considering the general factors in Step 3, Principal Carer Parents (PCP) cannot be required to accept Employment of more than 15 hours a week. Where evidence for the number of hours is not readily available, use the job seeker's statement to determine 15 hours a week suitability. Additionally, consideration should be given to whether:

• the PCP has access to appropriate care and supervision for their child/children during the times when the PCP would be required to work
• the location of either the workplace or the child care facility would make the total travel time to and from work unreasonable
• the PCP will be financially better off as a result of undertaking the work (refer to the Financial Suitability Test)
• work will be unsuitable for PCPs if they do not have access to appropriate care and supervision for their children at the times when they would be required to work. See Financial suitability test for suitable work for principal carers

For more information, see References.

As well as considering the general factors in Step 3, a person assessed as having a partial capacity to work (PCW) does not have to accept a job or remain in a job if:

• it involves working more than 15 hours per week. Where evidence for the number of hours is not readily available, use the job seeker's statement to determine 15 hours a week suitability
• it does not provide appropriate support or facilities to take account of the illness, disability or injury
• the total cost of participating in employment means that the job seeker would be financially worse off as a result of undertaking the work. Examples include personal care requirements incurred by the job seeker to get ready for work or while on the job, disability aids required for participation in the job that are not covered by the employer and the cost of travel to and from the job by the job seeker's normal means of transport

For more information, see References.

Full-time job seekers are required to look for and accept work within 90 minutes travel time from home to work.

• Travel time means direct travel by the person's normal and most cost-effective mode of transport

Principal carers and people with a partial capacity to work (PCW)

• The job seeker is required to look for and accept work within 60 minutes travel time from home to work including the time involved in child care drop off and pick up
• Consideration must be given to the financial costs (such as travel costs) of complying with the requirements and the person's capacity to pay for such costs

For more information, see References.

If a job seeker considers work to be unsuitable because of their moral, cultural or religious beliefs, they should discuss this with their Employment Services Provider or with Services Australia if there is a doubt about the job seeker's ability to meet their mutual obligation requirements and eligibility for income support.

The following criteria need to be considered to determine if the job seeker is able to meet their mutual obligation requirements:

• Is there evidence of adherence to a particular set of ethical, moral, or religious values?
• Are the lifestyle and practices of the customer consistent with the particular issues?
• Has the customer refused a number of positions previously based on a wide range of religious or moral grounds?
• Is there any evidence that the customer is not genuine in their objection?
• What is the actual impact of their beliefs in their ability to meet their mutual obligation requirements?

Where work is considered unsuitable due to moral, cultural or religious reasons, record details on a DOC, including the customer's reasons and the decision to continue payments. If it is not considered unsuitable, compliance action should be initiated. See Refusing or failing to accept a suitable job offer.

Generally, a person is not compelled to take up self-employment, and they cannot be penalised for refusing work that could be described as self-employment.

However, compliance action should be initiated where a person who willingly sought work as an independent contractor, has turned down a contract without a reasonable excuse.

See Refusing or failing to accept a suitable job offer.

The requirement to accept all suitable job offers includes accepting all reasonable offers of additional hours. For 'full capacity' job seekers, all reasonable offers of additional hours must be accepted regardless of how many hours they are currently working.

An assessment must occur to determine whether the job seeker had reasonable excuse for declining the offer of additional hours.

The following factors should be considered:

• Was there a formal job offer?
• Would the additional hours be ongoing?
• Was the job seeker given sufficient notice prior to the additional hours commencing?

It may be appropriate for a casual employee who was offered only a couple of hours of work at very short notice when they already had a prior engagement that it was not reasonable to expect them to break, to refuse the offer. However, it may not be appropriate to refuse to take on an additional shift on an ongoing basis, without a reasonable excuse.

See Refusing or failing to accept a suitable job offer.