Reviewing and validating Community Development Program (CDP) Provider Reports 001-10040010

This page contains information about reviewing and validating Participation Reports (PR) and Provider Appointment Reports (PAR) received from Employment Services Providers when additional validity checks are required to ensure the failure is valid.

Sufficient information to allow the investigation to proceed

Table 1: This table describes information required for investigation of a PR, Services Australia generated failure or manual Comprehensive Compliance Assessment (CCA).

Step	Action
1	Report type + Read more ... What report has been received? Participation Report (PR), go to Step 2 Services Australia generated failure, go to Step 3 Manual Comprehensive Compliance Assessment (CCA), go to Step 4
2	Participation Report (PR) + Read more ... When a PR does not contain the required information allowing an investigation into the non-compliance event and contact with the provider has been unsuccessful, the PR must be rejected. If further information from the provider would allow the investigation to proceed, select the appropriate rejection code: IVA - Returned for update - insufficient evidence/documentation, or IVH - Returned for update - incorrect incident date Record an explanation in the free text section of the Decision and Penalty screen of the investigation workflow, outlining the reasons for the rejection, and what additional information is needed for an investigation to proceed. Providers are expected to confirm suitability of employment in the Employment Services System (ESS). Participation Solutions Team (PST)-skilled Service Officers should generally assume employment was suitable unless the CDP participant indicates otherwise. When this is the case, investigation of the suitability of employment is required and should also include (as a minimum): the job description, that is, nature of employment the hours of employment and if the job was full-time, or part-time/casual Does the PR provide sufficient information to allow the full investigation to proceed? Yes, the failure is valid. To proceed with the investigation, see the Compliance failures drop-down menu No, the failure is invalid. To reject the failure, see Rejecting a compliance action. Procedure ends here
3	Services Australia generated failures + Read more ... When a Service Officer generates a compliance investigation via the Compliance Investigation workflow, the system will prompt for the appropriate information to be included. An Unemployment Non-Payment Period (UNPP) can be rejected without contacting the CDP jobseeker only when there is sufficient information available to establish: voluntary unemployment from suitable work or dismissal due to misconduct as a worker has not occurred the UNPP would not affect the CDP participant's claim for payment as they have fully self-served the penalty, i.e. their payment start date is after the potential UNPP end date, or the UNPP would end prior to other waiting periods applicable to the claim. Does the Services Australia generated failure provide sufficient information about the non-compliance event to allow the full investigation to proceed? Yes, the failure is valid. To proceed with the investigation, see the Compliance failures drop-down menu No, the failure is invalid. To reject the failure, see Rejecting a compliance action. Procedure ends here
4	Manual Comprehensive Compliance Assessment (CCA) + Read more ... A manual CCA can be triggered when there are indicators a CDP participant has unidentified barriers which may be impacting their compliance and an Employment Services Assessment (ESAt) referral is not the more appropriate option. When a CDP participant's provider has requested a manual CCA, it should generally be accepted and progressed. A manual CCA (generated by either Services Australia or the CDP participant's provider) should be rejected only if the CCA or follow-up discussions with the provider do not provide sufficient information to establish: why the manual CCA was generated a summary of how suspected barriers to employment or participation are currently impacting the CDP participant's compliance with requirements why a referral to an ESAt was not the more appropriate referral option Note: for more information about CCAs, see Services Australia's responsibilities for managing compliance with compulsory requirements. Is sufficient information available to allow the full investigation to proceed? Yes, the manual CCA is valid. To proceed with the assessment, see the Compliance failures drop-down menu No, the manual CCA is invalid. To reject the CCA, see Rejecting a compliance action. Procedure ends here

Compliance failures

Use the drop-down menu to select a compliance failure type.

Job related serious failures and UNPPs

Serious failures and UNPPs

Table 2: This table describes factors to take into account when considering the validity of a serious failure report for a Community Development Program (CDP) participant who refuses, or fails to accept a suitable job offer, or an Unemployment Non-Payment Period (UNPP) for a CDP participant who voluntarily leaves suitable work or is dismissed due to misconduct.

Step	Action
1	Review CDP participant record + Read more ... As part of serious failure and Unemployment Non-Payment Period (UNPP) investigations, the Participation Solutions Team (PST)-skilled Service Officer needs to be satisfied the Participation Reports (PR) submitted and/or the failure generated by Services Australia is valid. The Employment Services System (ESS) requires the provider to confirm the suitability of work (if required) and the CDP participant has been appropriately notified before a PR can be submitted. Suitability of work A suitability of work assessment may also require a review of the CDP participant's personal circumstances by the PST-skilled Service Officer. This may include: information contained on the Circumstances impacting Compliance screen DOCs, and at risk indicators Has it been confirmed the job is suitable? Yes, go to Step 2 No, the failure is invalid and must be rejected. See Rejecting a compliance action for more information. Procedure ends here
2	Review validity + Read more ... When deciding if an employment related failure or UNPP is valid, some or all of the following may need to be considered: For a UNPP: is the CDP participant claiming or receiving a participation payment? For a serious failure for refusal of suitable employment, was the CDP participant exempt from compulsory mutual obligation requirements on the event date? For a serious failure for refusal of suitable employment, was the offer of employment made clear and the CDP participant understood an offer of employment was made? Is the serious failure or UNPP valid? Yes, go to Step 3 No, the failure is invalid. To reject the failure, see Rejecting a compliance action. Procedure ends here
3	Suitability of work - all CDP participants + Read more ... A CDP participant is not expected to accept a job or continue in a job if the work is unsuitable. There are a number of factors that may need to be taken into account when determining if work is unsuitable including whether: it aggravates a CDP participant's medical illness, disability or injury the hours of work are above the CDP participant's assessed work capacity it does not meet the applicable statutory conditions of employment it requires the person to change their place of residence and they are unwilling to move it involves an unreasonable commuting time from home to work (more than 60 minutes one way for CDP participants who are principal carers assessed as partial capacity to work (PCW) and more than 90 minutes one way for other CDP participants) it involves skills the CDP participant does not possess and appropriate training will not be provided by the employer the CDP participant is a principal carer and remuneration does not meet the Financial Suitability Test Note: unless a CDP participant indicates there were issues with their work conditions and/or pay, or information provided needs further investigation, the PST-skilled Service Officer should assume the work is suitable. See Suitable/unsuitable work for further information about the factors to be considered when assessing suitability of work. Can the job be considered suitable? Yes, go to Step 4 No, the failure is invalid. To reject the failure, see Rejecting a compliance action. Procedure ends here
4	Checking failure type or incident date + Read more ... PST-skilled Service Officers must check the PR or failure generated dates or type of failure are correct. The incident date for: PRs for 'refusing suitable work', must be the date the CDP participant refused the offer of employment PRs for 'failing to commence suitable employment', must be the date the CDP participant was due to commence 'Voluntary unemployment or unemployed due to misconduct', must be the day after: the date last worked, or their contract of employment ceased, or they were last paid by their previous employer. See Unemployment due to a voluntary act of misconduct Does the failure type or incident date need to be amended? Yes, the failure is invalid. To reject the failure, see Rejecting a compliance action. Procedure ends here No, the failure is valid. To proceed with the investigation for: serious failures, see Assessing a serious failure for refusing to accept or failing to commence a suitable job. Procedure ends here unemployed due to misconduct, see Unemployment due to a voluntary act or misconduct. Procedure ends here voluntary unemployment, see Unemployment due to a voluntary act or misconduct. Procedure ends here

Appointment failure and refusing to enter/vary a Job Plan

Connection failure for not attending a compulsory appointment and refusing to enter/vary a Job Plan

Table 3: This table describes factors that may need to be considered when there is an identified need to establish the validity of a connection failure for not attending a compulsory appointment either with Services Australia, or a third party organised by their provider, or for not entering into a Job Plan.

Step

Action

Determine if failure is valid + Read more ...

Investigating a failure, Participation Solutions Team (PST)-skilled Service Officers must be satisfied a non-attendance, or reconnection failure (failure to attend a provider appointment, or a connection failure (failure to attend a compulsory appointment with a third party organised by their provider or not entering into a Job Plan) is valid.

A non-attendance, connection or reconnection failure is invalid if:

the PST-skilled Service Officer finds the Community Development Program (CDP) participant:

did not receive a participation payment in the fortnight the incident occurred
did not receive appropriate notification and reasonable notice of the specific dates and times for the appointment or activity. See Assessing reasonable notice
did not refuse to sign the Job Plan with their provider
was exempt from, or did not have, mutual obligation requirements at the time the failure occurred
was serving a serious failure period or Unemployment Non-Payment Period (UNPP) at the time the failure occurred, see Determining failure hierarchy when there are multiple failures

the PST-skilled Service Officer finds the Job Plan:

terms are not in line with the relevant participation policy
includes a compulsory term or terms which are unsuitable

there is an outstanding Comprehensive Compliance Assessment (CCA) investigation, or the failure was lodged after a CCA commenced and the event date of the failure is not later than the date the CCA is finalised, see Determining failure hierarchy when there are multiple failures
the requirement is a voluntary activity included in the Job Plan and not an appointment

Note: when the Online Diary result has been changed by the provider after the failure has been generated, this does not invalidate a failure.

After the initial review of the Participation Report (PR) or generated failure, is the failure valid?

Yes, the failure is valid. To proceed with the investigation when the failure recommended is a:

connection failure, see Investigating a connection failure. Procedure ends here
non-attendance failure, see Investigating a non-attendance failure
reconnection failure, see Investigating a reconnection failure. Procedure ends here

No, the failure is invalid. To reject the failure, see Rejecting a compliance action. Procedure ends here

Job Search connection failures

Connection failure for not meeting points target or job search requirements

Table 4: This table describes the factors that may need to be taken into account when considering whether a connection failure for not meeting points target or job search requirements is valid.

Step	Action
1	Determining the validity of a connection failure (not meeting points target or job search requirements) + Read more ... A connection failure is invalid if the Participation Solutions Team (PST)-skilled Service Officer finds the Community Development Program (CDP) participant: did not receive a participation payment in the fortnight the incident occurred was exempt from, or did not have, mutual obligation requirements at the time the failure occurred was serving a serious failure period or Unemployment Non-Payment Period (UNPP) at the time the failure occurred, see Determining failure hierarchy where there are multiple failures has an outstanding Comprehensive Compliance Assessment (CCA) investigation, or the failure was lodged after a CCA has commenced and the event date of the failure is not later than the date the CCA is finalised, see Determining failure hierarchy where there are multiple failures Have any of the above been identified? Yes, the failure is invalid. To reject the failure, see Rejecting a compliance action. Procedure ends here No, go to Step 2
2	Job search notification requirements + Read more ... A provider must give the CDP participant appropriate notification of their job search requirement, which means the CDP participant: has a compulsory job search activity included in their Job Plan, which includes: the number of job search efforts required per month, and the date their job search efforts are due and how they will be reported to their provider (for example, via email / in person) Has the CDP participant received the appropriate notification of their job search requirement? Yes, and the CDP participant: has job search included in their Job Plan, and has full work capacity or a partial capacity to work (PCW) of at least 15 hours or more per week, go to Step 3 recently had an exemption from their mutual obligation requirements, go to Step 4 is receiving Parenting Payment (PP) with compulsory mutual obligation requirements, go to Step 5 has reported earnings during the period job search was required, go to Step 6 No, the failure is invalid. To reject the failure, see Rejecting a compliance action. Procedure ends here
3	CDP participants with full work capacity, partial capacity to work (PCW) or who are principal carers + Read more ... It is a CDP provider's discretion to determine the number of job searches a CDP participant should undertake, including those CDP participants who have a PCW of at least 15 or more hours per week, as long as it does not exceed maximum limits. Job search requirements included in a CDP participant's Job Plan are based on the availability of jobs in the area, seasonal employment, transport and the CDP participant's personal circumstances. Is the job search requirement appropriate for the CDP participant? Yes, the failure is valid. To proceed with the investigation, see Not meeting points target or job search requirements. Procedure ends here No, the failure is invalid. To reject the failure, see Rejecting a compliance action. Procedure ends here
4	CDP participants with a temporary exemption from mutual obligation requirements + Read more ... CDP participants who are granted a temporary exemption of 7 days or more from their mutual obligation requirements will be required to provide their job search efforts for the period of time they are not exempt. Is the exemption for less than 7 days? Yes, the CDP participant is generally expected to submit their full job search efforts to their provider. See Not meeting points target or job search requirements. Procedure ends here No, and prior to submitting a Participation Report (PR) the CDP participant's provider: has considered any period of exemption, the failure is valid. To proceed with the investigation, see Not meeting points target or job search requirements. Procedure ends here has not considered any period of exemption, the failure is invalid. To reject the failure, see Rejecting a compliance action. Procedure ends here
5	CDP participants receiving Parenting Payment (PP) with compulsory mutual obligation requirements + Read more ... CDP participants who are receiving PP are subject to compulsory mutual obligation requirements from the date their youngest dependent child turns 6 years of age. CDP participants receiving PP cannot incur a connection failure for failing to comply with job search requirements. Is the CDP participant receiving PP with compulsory mutual obligation requirements? Yes, the failure is invalid. To reject the failure, see Rejecting a compliance action. Procedure ends here No, (for example, they are in receipt of JobSeeker Payment (JSP) as a principal carer) the failure is valid. To proceed with the investigation, see Not meeting points target or job search requirements. Procedure ends here
6	Effect of suitable paid employment (including self-employment) on job search requirements + Read more ... For CDP participants with full work capacity with at least: 40 hours of suitable paid employment undertaken in the fortnight, job search requirements are halved 70 hours of suitable paid employment undertaken in the fortnight or the CDP participant's rate is reduced to nil, job search requirements are reduced to nil For CDP participants assessed as having partial capacity to work (PCW) and between: 11 and 29 hours of paid work have been undertaken in the fortnight, job search requirements are halved Paid work can include self-employment as long as the net business income is at least equivalent to, or more than, the national minimum wage rate. See Self-employment as an approved activity to satisfy mutual obligation requirements. Note: Principal carers and partial capacity to work (PCW) CDP participants who are fully meeting their mutual obligation requirements through 30 hours per fortnight of paid work or approved study, do not have any job search requirements Mature age (55+) CDP participants meeting their mutual obligation requirements through 30 hours per fortnight of paid work do not have any job search requirements Has the CDP participant failed to comply with their job search requirements? Yes, the failure is valid. To proceed with the investigation, see Not meeting points target or job search requirements. Procedure ends here No, the failure is invalid. To reject the failure, see Rejecting a compliance action. Procedure ends here

No Show, No Pay

No Show, No Pay - validity check

Table 5: This table describes the process a Participation Solutions Team (PST)-skilled Service Officer must undertake when determining the validity of a No Show, No Pay failure for non-attendance or inappropriate behaviour at a job interview.

Step

Action

Check suitability of the job + Read more ...

For all No Show, No Pay failures relating to inappropriate behaviour or non-attendance at a job interview, Participation Solutions Team (PST)-skilled Service Officers must check the suitability of the job.

Even though the provider is expected to have established the job was suitable, an investigation is required when:

the Service Officer considers the job is unsuitable, or
the CDP participant raises issues about the job that creates doubt of the suitability

For further information, see Suitable/unsuitable work.

Was the job considered suitable?

Yes, and

the failure is for inappropriate behaviour at a job interview, go to Step 2
the failure is for non-attendance at a job interview, see Investigating a No Show, No Pay failure. Procedure ends here

No, the failure is invalid. To reject the failure, see Rejecting a compliance action. Procedure ends here

Further assessment for inappropriate behaviour at a job interview failure + Read more ...

When the CDP participant behaved inappropriately at the job interview and it has been determined the job was suitable, assess:

how the CDP participant was informed of the requirement to attend an interview
the CDP participant's willingness to actively participate in the job interview
the CDP participant's presentation at the job interview, e.g. were they dressed in a way clearly inappropriate for the interview
the provider's comments in the Participation Report (PR), ensuring they give a clear and sufficiently accurate account of the CDP participant's actual conduct at the job interview
the CDP participant's explanation of what occurred, including any circumstances that may have affected their conduct or presentation, and/or
the employer's statement, to ensure the account given by the provider can be confirmed

It is essential the PR contains all relevant information including any information provided by the employer about the nature of the CDP participant's behaviour.

The decision about whether the CDP participant behaved inappropriately should be based on the behaviour demonstrated during the job interview, including if they:

displayed an unwillingness to engage
were inappropriate in their responses
did not respond, or
were aggressive in nature
made unreasonable requests of the potential employer (e.g. demanding an inflated hourly rate, provision of a work vehicle etc.)

Has it been established the CDP participant refused a suitable offer of employment and this has been indicated in the PR?

Yes, the PR should be rejected as invalid. The provider should be advised to submit a 'Serious Failure' PR for refusing a suitable offer of employment. See Assessing a serious failure for refusing to accept or failing to commence a suitable job. Procedure ends here
No, and the CDP participant:

behaved poorly at the job interview, the failure is valid. To proceed with the investigation, see Investigating a No Show, No Pay Failure. Procedure ends here
did not behave poorly at the job interview, the failure is invalid. To reject the failure, see Rejecting a compliance action. Procedure ends here

Job Plan terms exceed the CDP participant's mutual obligation requirements or capacity

Table 6: This table describes matters that may need to be taken into account when considering whether the terms of a Job Plan are in excess of mutual obligation requirements policy.

Step	Action
1	Terms exceed the CDP participant's mutual obligation requirements or capacity + Read more ... When a Community Development Program (CDP) participant's circumstances change, a requirement that was reasonable at the time a CDP participant entered into the Job Plan may no longer be reasonable and realistically achievable. When investigating a failure, it must be considered whether the compulsory requirements in a Job Plan are appropriate to the participant's circumstances and do not exceed their assessed capacity. All CDP participants are required to: attend job interviews, attend provider appointments and third party appointments as required, and meet job search requirements if appropriate, depending on the strength of the local labour market There is no minimum number of hours of requirements that a CDP participant must undertake each fortnight to meet their mutual obligation requirements. Unless the participant has volunteered to undertake an activity, hourly requirements in the Job Plan will be zero. Providers and participants may also negotiate suitable voluntary activities such as Work for the Dole to be included in the Job Plan. this can be in addition to negotiated compulsory requirements the number of hours of participation in the activity is negotiated between the provider and participant, and is recorded in the Job Plan failure to undertake a voluntary activity, or to complete the number of hours specified in the Job Plan, will not result in any compliance action For more information about CDP participants' compulsory requirements, see Community Development Program (CDP). If the CDP participant is: considered to have a PCW, go to Step 2 a principal carer parent (PCP), go to Step 3 a full-time CDP participant, go to Step 4
2	Partial capacity to work (PCW) + Read more ... CDP participants who are assessed as having a PCW will have mutual obligation requirements up to their assessed capacity. See Approved activities for customers assessed as having a partial capacity to work (PCW) for details about specific capacity bandwidths. CDP participants with a PCW of 15 hours or more, must meet their mutual obligation requirements. Go to Step 5.
3	Principal carers + Read more ... Principal carers have part-time mutual obligation requirements which can be fully met by undertaking suitable work or studying part-time (including a combination of the 2) of 15 hours per week. If this is the case, they may sign a Job Plan with Services Australia and volunteer to participate with a provider. For further information, see Approved activities for principal carers. If the CDP participant is not fully meeting their mutual obligation requirements, their provider may negotiate other suitable requirements to be included in their Job Plan: Go to Step 5.
4	Requirements in the Job Plan and assessed capacity + Read more ... Is it clear the requirements included in the Job Plan exceed the CDP participant's assessed capacity? Yes, the failure is invalid. To reject the failure, see Rejecting a compliance action. Procedure ends here No, go to Step 5
5	Hourly requirements in the Job Plan + Read more ... Does the Job Plan contain a minimum number of hourly requirements, and the participant has not volunteered to undertake an activity for the number of hours recoded in the Job Plan? Yes, the failure is invalid. To reject the failure, see Rejecting a compliance action. Procedure ends here No, the failure is valid. Proceed with the investigation. Procedure ends here

Operational Information