Assessing reasonable excuse for non-compliance with mutual obligation requirements 001-10040070

Under the job seeker compliance system, a penalty may apply if a job seeker fails to comply with a mutual obligation requirement. Reasonable excuse provisions protect job seekers when events outside of their control directly affect their ability to meet a compulsory requirement.

A reasonable excuse for failing to meet a compulsory requirement is also one that an ordinary member of the community, or an employer, would accept for an employee to miss work. Job seekers need to give prior notice if they are unable to comply with a mutual obligation requirement, just like an employee is expected to do in the event they are unable to attend work.

Participation Solutions Team (PST) staff conduct a reasonable excuse assessment as part of a compliance investigation.

PST staff consider the job seeker's reasons for non-compliance, including if the reasons and/or circumstances:

• were foreseeable or within the job seekers control
• directly affected their ability to comply, and
• are acceptable under the reasonable excuse provisions

PST staff also consider whether prior contact provisions have been met (if required).

The legislation specifies factors that must be considered when assessing reasonable excuse. It also specifies factors that must not be considered. See the Process page for details.

Note: there are special rules about when drug and/or alcohol related issues may be considered when making a decision about reasonable excuse. See the Process page for details.

If a job seeker is unable to attend an appointment or other compulsory requirement, they must make prior contact with the appropriate person to discuss the issue where it is reasonable to do so. Generally, it will be the job seeker's provider, but it may be the activity supervisor in some cases, for example, where the job seeker is doing Work for the Dole. Job seekers in Workforce Australia Online should contact the Department of Employment and Workplace Relations' Digital Services Contact Centre to give prior notice.

Prior contact usually occurs by phone, however, a job seeker and their provider may agree to other arrangements such as sending an email or a text message to the appropriate person or organisation.

Where reasonable excuse has been established for non-attendance at an appointment or requirement, an assessment of prior contact is required. The focus of the prior contact assessment is whether:

• the job seeker has made prior contact with the appropriate person as required, or
• it was unreasonable to expect them to do so

Reasonable excuse provisions do not apply where the non-compliance event involves misconduct from the job seeker. This includes:

• inappropriate behaviour at a requirement, an appointment or job interview
• unemployment due to misconduct

Misconduct investigations focus instead on if the incident:

• was within the job seeker's control
• occurred as reported

In the case of dismissal, PST staff should consider if the misconduct was the primary reason for the job seeker's employment ending.

Jobseekers participating in Workforce Australia or DES cannot use drug and/or alcohol dependence as a reasonable excuse more than once unless they agree to participate in appropriate treatment (where available).

Some job seekers can meet their mutual obligation requirements by participating in treatment programs/interventions for drug and/or alcohol dependency, see Drug or Alcohol dependency treatment program or intervention as an approved activity.