Outstanding compliance action for imprisoned job seekers 001-10040040
This document outlines guidelines for managing outstanding compliance action when a job seeker or participant, has been imprisoned.
Note: the term 'job seeker' in this file also refers to Community Development Program (CDP) participants.
Outstanding compliance action
The job seeker compliance system is the policy framework that is used when a job seeker fails to meet compulsory requirements.
Two different job seeker compliance systems are used to manage job seeker compliance:
- The Targeted Compliance Framework (TCF):
- Job seekers managed under the Targeted Compliance Framework include those who are serviced by Workforce Australia provider, Workforce Australia Online, and Disability Employment Services (DES) providers
- The Job Seeker Compliance Framework (JSCF):
- Participants managed under the Job Seeker Compliance Framework are declared program participants in the Community Development Program (CDP)
A person who is imprisoned is no longer eligible for payment and therefore is not required to comply with compulsory requirements from the date of imprisonment. Generally, outstanding compliance is automatically finalised when imprisonment is recorded, however, this may occasionally require manual intervention.
Outstanding compliance action includes:
- Participation suspensions that are applied when a job seeker doesn't meet their compulsory requirements
- Capability Assessments (Targeted Compliance Framework only)
- Outstanding compliance investigations
- Comprehensive Compliance Assessments (CCA) (Job Seeker Compliance Framework only)
Participation suspensions and non-compliance events when job seeker is imprisoned
Both the Employment Services System (ESS) and Services Australia systems have an automatic validation process that prevents inappropriate participation suspensions from occurring.
Participation suspensions are automatically applied when a job seeker has compulsory requirements and is in receipt of a participation payment. Occasionally, where the job seeker is imprisoned after a participation suspension is applied, this will prevent the imprisonment suspension from occurring.
This means when there is outstanding compliance action at the time a prison admission is processed, it is due to a non-compliance event that:
- occurred prior to imprisonment, or
- was reported before payment has been suspended or cancelled due to imprisonment
Capability Assessments, compliance investigations and CCAs outstanding when job seeker imprisoned
When a job seeker has been imprisoned, outstanding Capability Assessments (CA), compliance investigations and Comprehensive Compliance Assessments (CCA) are not held pending return to payment.
When the Service Officer in the Incarcerated Customer Servicing team suspends or cancels the payment due to imprisonment and clears the record, Capability Assessments, compliance investigations and CCAs that have not been started are automatically finalised by the system.
When a started compliance investigation is not automatically finalised by background processing, manual intervention by Participation Solutions Team (PST)-skilled staff with a WNPPD security resource is required.
Related links
Provider responsibilities for managing compliance with compulsory requirements
Services Australia's responsibilities for managing compliance with compulsory requirements
Centrelink service standards and procedures for pre-release and post-release prison customers
Circumstances impacting job seeker compliance
Job Seeker Compliance Framework