Job Seeker Compliance Framework 001-10000000
This document outlines information for when a Community Development Program (CDP) job seeker receiving a participation payment becomes disengaged from their mutual obligation requirements.
Key Objective
The key objective of the Job Seeker Compliance Framework is ensuring CDP job seekers comply with their mutual obligation requirements. The Job Seeker Compliance Framework also has a number of safety nets built in to protect vulnerable CDP job seekers from incurring penalties for circumstances beyond their control.
Key principles
The following key principles underpin the Job Seeker Compliance Framework:
- a focus on participation and maintaining CDP job seeker engagement with employment services
- developing work like behaviours, and
- ensuring penalties are only imposed for failures within a CDP job seekers control
All CDP job seekers receiving a participation payment are expected to comply with reasonable requirements.
Key features
The following are key features of the Job Seeker Compliance Framework:
- Circumstances impacting compliance
- Unemployment Non-Payment Periods (UNPP), including Hardship provisions during a UNPP
- Participation payment suspensions
- No Show, No Pay failures
- Non-Attendance Reports
- Connection failures
- Non-attendance failures
- Reconnection failures
- Serious failures:
- Comprehensive Compliance Assessments (CCA)
- Waiving a serious failure period, and
- Hardship provisions during serious failure periods
Service delivery responsibility
Both Services Australia and CDP providers have responsibility for monitoring CDP job seeker engagement with mutual obligation requirements.
CDP providers are responsible for actioning Non-Attendance Reports (NAR), including issuing reconnection notices, recording appropriate outcomes within the On-line Diary in a timely manner, and submitting Participation Reports or Provider Attendance Reports where they consider an investigation of a non-compliance event by Services Australia is required.
Services Australia is responsible for determining whether a connection, non-attendance, reconnection, No Show, No Pay or serious failure has occurred or an Unemployment Non-Payment Period (UNPP) will be applied.
Key messages for CDP job seekers reinforced at every participation related contact
The importance of complying with mutual obligation requirements and the consequences of not doing so should be reinforced with CDP job seekers at every participation related contact.
This includes reminding CDP job seekers:
- 'If you have compulsory mutual obligation requirements, you are required to meet these to remain eligible for payment'
- 'If you are unable to attend an appointment you must contact the organisation that you have the appointment with as soon as possible to advise why you are unable to attend'
- 'If you do not attend an appointment and you have not contacted beforehand, your payment may be reduced or stopped, even if you had a good reason for not being able to attend'
- 'If you fail to attend, or behave inappropriately at a job interview, your payment may be reduced or stopped'
- 'If you are found to have been persistently not meeting your requirements, or refused a suitable job, your payment may stop for up to 8 weeks'
- 'If you become voluntarily unemployed without a good reason or are dismissed from your job due to misconduct, you may not be paid for 8 weeks
Contents
Compliance action initiated by Community Development Program (CDP) providers
Reviewing and validating Community Development Program (CDP) Provider Reports
Re-engaging to a Community Development Program (CDP) provider
Finalising Community Development Program (CDP) re-engagement requirements
Cancellation of payment after a compliance related suspension
Investigating a No Show, No Pay failure
Investigating a connection failure
Investigating a non-attendance failure
Investigating a reconnection failure
Persistent non-compliance for Community Development Program (CDP) job seekers
Generating and preparing for a Comprehensive Compliance Assessment (CCA)
Completing a Comprehensive Compliance Assessment (CCA)
Assessing a serious failure for refusing or failing to accept a suitable job offer
Job Seeker Compliance Framework waiver and hardship provisions
Waiving a serious failure period
Serious failure hardship provisions
Reinstating a serious failure period where re-engagement appointment not attended
Reconnection failure penalties
No Show, No Pay failure penalties
Determining failure hierarchy where there are multiple failures
Manually adjusting non-payment period start and end dates
Non-attendance failure penalties
Related links
Participation and serious failures for students, trainees and Australian Apprentices
Unemployment due to a voluntary act or misconduct