Compliance action initiated by Remote Australia Employment Service (RAES) providers 001-10030000

When a request for the name of the person sending the Participation Report is received, the following information must be noted:

• The identity of individual employees of a RAES provider should be disclosed only where 'required or authorised' under law
• Legal advice concludes the details relating to RAES organisations that submitted the Participation Report to Services Australia should be disclosed to RAES participants in every case

RAES participants are expected to contact their provider if they are unable to attend an appointment to discuss their reasons and make alternative arrangements.

Where the RAES participant has not made contact to advise why they are not able to attend, the provider is required to make an attempt to contact the RAES participant on the day they become aware of non-attendance to discuss non-compliance prior to submitting the Participation Report.

Note: a minimum of one attempt to contact the RAES participant is required.

Where the RAES participant has an appointment with a third party and fails to attend, the RAES provider is responsible for submitting the Participation Report, not the third party. In these cases, the provider is required to make a contact attempt on the day they become aware of non-attendance and to submit the Participation Report within 2 working days of becoming aware of non-attendance.

The provider will make the appropriate attempt to contact based on the RAES participant's contact preference. Where contact with the RAES participant is established, the provider will consider:

• the RAES participant's reason for non-compliance
• where the RAES participant did not attend an appointment (with a third party) or requirement, the reasons why the RAES participant did not advise of their inability to attend
• where the non-compliance was employment related whether the work was suitable for the RAES participant
• where applicable, whether the RAES participant was properly notified and was given reasonable notice of the requirement, and
• whether or not compliance action is the best means of securing re-engagement with the RAES participant

Providers are required to make a decision about whether they wish to submit a Participation Report within 2 business days.

Participation Reports are submitted by the provider using a template in the Department of Employment and Workplace Relations IT system. Participation Reports generally transmit as part of overnight processing.

Only one incident of non-compliance can be submitted per Participation Report.

They will display on the Services Australia system as an activity with the following keyword:

• TT168 (Participation Report - for all compliance action other than re-engagement or reconnection)

Where a provider has been responsible for notifying the RAES participant of a particular requirement, it is the provider's responsibility to lodge a Participation Report to Services Australia.

When a Participation Report or compliance action is recorded and results in the generation of a suspension failure, the RAES participant's payment may be suspended pending re-engagement with their requirements.

A Participation Report includes a report code that identifies the type of mutual obligation requirement the RAES participant has not complied with, triggering the generation of the correct type of failure in the Services Australia system.

A Participation Report should include, where applicable, the following:

• the nature of the requirement that has not been met (as reflected in the Participation Report type selected)
• the non-compliance incident date
• where the requirement needed notification, how and when the RAES participant was notified
• dates of post-incident contact attempts to discuss the non-compliance
• any other relevant contact with the RAES participant leading up to the non-compliance incident
• other recent incidents of non-compliance of a similar nature to the incident reported in the Participation Report (that is, demonstrating a pattern of non-compliance in relation to that type of requirement)
• where relevant, examples of any other violent, abusive or avoidance behaviour by the RAES participant
• any disagreements between the provider and the RAES participant about the nature, reasonableness or suitability of the requirement or what it involved
• whether the notice included a reference to payment being suspended
• whether the RAES participant contacted to advise why they would not be able to attend the appointment or activity
• any reasons given by the RAES participant for rescheduling appointments leading up to the current incident, for example, declining job referrals
• any steps the provider has already undertaken to engage the RAES participant, or to tailor requirements based on personal factors and barriers

Participation Reports for non-attendance at a job interview

Providers must have formally notified the RAES participant of the requirement, including providing 'reasonable notice' of this appointment. Providers link the notification record to the Participation Report before this is submitted to provide evidence of how and when the RAES participant was notified, and the details given to the RAES participant about the job interview.

Job Plan requirement failures

The Participation Report will contain the Job Plan code relating to the failed requirement. The Resources page contains a link to Services Australia and the Department of Employment and Workplace Relations compliance action reason codes.

Participation Reports for failing to accept a referral for a suitable job

The Participation Report should include:

• the employer's contact details
• the position the RAES participant was being referred to
• suitability for the position of the RAES participant
• how the RAES participant was notified of the referral, and
• when a RAES participant was required to follow up the referral

A Participation Report can be modified or cancelled by the provider on the date the report was created.

Once the report has been submitted to Services Australia, the only way providers can make modifications or withdraw the Participation Report is through contact with the Participation Solutions Team (PST). This may happen where the provider has identified:

• that a Participation Report was invalid, for example, submission of the Participation Report on an incorrect RAES participant's record, or
• the provider subsequently made contact with the RAES participant and has established the RAES participant had a valid reason or is likely to comply given a further chance to do so

During their contact with the PST, the provider is required to supply additional information that supports their request for withdrawal or modification of a Participation Report.

When the PST is satisfied this additional information supports the provider's request for withdrawal in any of the circumstances outlined above, the PST will reject the Participation Report using an appropriate rejection reason.

PST staff can choose to refuse withdrawal of a Participation Report where contact with the RAES participant by PST has already been made and the compliance action is in the course of being finalised.

Services Australia must allow withdrawal of the Participation Report when a request to withdraw relates to:

• the report being invalid (incorrect RAES participant’s record), or
• prior to the commencement of the investigation, and:
• the provider
• advises the RAES participant has a valid reason, or
• believes the RAES participant is likely to comply given a further chance

Where the provider requests withdrawal after the investigation of the failure has been commenced by Services Australia, withdrawal is generally not appropriate, however any information the provider supplies should be taken into account in assessing the failure under general determination guidelines.

When the PST has agreed to the provider's request, the Participation Report will be rejected using the appropriate rejection code.

After a Participation Report has been withdrawn, the provider is responsible for re-engaging the RAES participant and the provider should be advised as follows:

'Your request to withdraw a Participation Report has been actioned. Please advise the RAES participant that contact with the Services Australia is no longer required.'