Compliance action initiated by Community Development Program (CDP) 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 CDP provider should be disclosed only where 'required or authorised' under law
• Legal advice concludes the details relating to CDP organisations that submitted the Participation Report to Services Australia should be disclosed to CDP participants in every case

CDP 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 CDP 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 CDP 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 CDP participant is required.

Where the CDP participant has an appointment with a third party and fails to attend, the CDP 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 CDP participant's contact preference. Where contact with the CDP participant is established, the provider will consider:

• the CDP participant's reason for non-compliance
• where the CDP participant did not attend an appointment (with a third party) or requirement, the reasons why the CDP participant did not advise of their inability to attend
• where the non-compliance was employment related whether the work was suitable for the CDP participant
• where applicable, whether the CDP 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 CDP 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 CDP 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 CDP 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 CDP 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 CDP participant was notified
• dates of post-incident contact attempts to discuss the non-compliance
• any other relevant contact with the CDP 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 CDP participant
• any disagreements between the provider and the CDP 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 CDP participant contacted to advise why they would not be able to attend the appointment or activity
• any reasons given by the CDP 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 CDP 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 CDP 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 CDP participant was notified, and the details given to the CDP 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 CDP participant was being referred to
• suitability for the position of the CDP participant
• how the CDP participant was notified of the referral, and
• when a CDP 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 CDP participant's record, or
• the provider subsequently made contact with the CDP participant and has established the CDP 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 CDP 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 CDP participant’s record), or
• prior to the commencement of the investigation, and:
• the provider
• advises the CDP participant has a valid reason, or
• believes the CDP 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 CDP participant and the provider should be advised as follows:

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