Investigating a non-attendance failure 001-10070130

A non-attendance failure is automatically generated when the Services Australia system accepts a Provider Attendance Report (PAR) following non-attendance at a compulsory Community Development Program (CDP) provider appointment.

Non-attendance failures are investigated by PST-skilled Service Officers with PFDEC or WNPPD security resource.

Where a non-attendance failure and a No Show, No Pay failure are both outstanding, the non-attendance failure should be investigated first. If a decision is made to apply the non-attendance failure, any No Show, No Pay failures with an incident date in the non-attendance failure period can be revoked/rejected.

The Participation Compliance Hub is the systems tool used to investigate and record all non-attendance failure decisions.

In Process Direct:

• Key BIPCW in the Super Key
• The Participation Compliance Hub screen will display
• From the Outstanding Compliance Action table select Compliance Investigation
• This will launch the Compliance Investigation workflow (CIW)
• Select Next to navigate to Key Information screen

Links to other screens will display within the workflow. These include the Other Related Information screen, which will enable CDP job seeker information to be viewed while working through the investigation and includes (if appropriate) links to:

• Provider Report
• Job Plan
• Provider Recorded Information
• Online Diary
• Job Seeker Calendar
• Recent non-compliance
• Services Australia Rates Estimator
• Address History
• View ESAt
• Recent activities and exemptions
• Circumstances impacting compliance

Services Australia can contact CDP job seekers using:

• outbound dialler
• SMS messaging
• an outbound phone attempt
• a letter

When outbound contact attempts are unsuccessful or there is no contact information on the record, contact should occur at the next reporting day or the next time the job seeker contacts Services Australia.

A contact trigger is attached to the CDP job seeker's record when the non-attendance failure is generated. This prevents the CDP job seeker from reporting until contact with the PST regarding the non-attendance failure occurs.

A non-attendance failure cannot be investigated without talking to the CDP job seeker, unless it has already been established prior to CDP job seeker contact that the failure is invalid.

See Job seeker contacts to discuss non-compliance or circumstances impacting compliance.

Relevant information and details of the failure will display on the Key Information screen.

A 'View Circumstances' link is provided to access the Circumstances Impacting Compliance screen.

The PST-skilled Service Officer (with PFDEC/WNPPD security resource) will be prompted to:

• record if an interpreter was used
• check and update the CDP job seeker's phone and email details

Go to the Investigation screen.

The Investigation screen will be pre-populated with details of the failure date and the reason for the failure.

The PST-skilled Service Officer will be prompted to outline the failure under investigation and read the privacy statement to the CDP job seeker.

Access and review the Provider Attendance Report (PAR).

The provider is required to have discussed the failure with the job seeker before submitting the PAR. If appropriate, record in the free text field what excuse the CDP job seeker gave the provider.

Discuss with the CDP job seeker their explanation and record any additional information provided in the appropriate free text field.

Consider the reasons given and answer the question:

• 'Does the job seeker's statement suggest ongoing circumstances had a direct and significant impact on the failure?'

If the answer is 'Yes' or 'Unsure', a link to the Circumstances Impacting Compliance screen will allow the screen to be viewed and circumstances updated if required. See Circumstances impacting job seeker compliance.

Note: a PST-skilled Service Officer must consult with a PST-skilled social worker where the job seeker presents with family and domestic violence or has a current Family relationships/Domestic violence circumstance recorded. See Accessing a PST-skilled social worker.

Record the CDP job seeker's main excuse for the failure on the Investigation screen, or the reason determined as the main excuse following further discussion with the job seeker.

The displayed options will include only options appropriate to the failure type.

• Choose a category from the drop down list
• Select a reason from the drop down list for the category selected that best describes the reasons the CDP job seeker has given as their main excuse

Additional information may display depending on the choice of CDP job seeker's reason. Additional information may include:

• Details of reported income
• Medical certificates and exemptions
• Address details

Consider the reasonable excuse or other guidelines, see:

• Non-attendance or inappropriate conduct in a compulsory provider managed appointment
• Assessing reasonable excuse for non-compliance with mutual obligation requirements

Record the most appropriate response to questions as they present.

Is this an acceptable reason that warrants further investigation?

Note: when certain excuses are selected, the answer to this question will be set to 'No'.

• Yes or Unsure, further investigation is required. Go to Step 8
• No, further investigation is not required. See Table 2

Does the excuse indicate it had a direct and significant impact on the failure?

• Yes or Unsure, further investigation is required. Go to Step 9
• No, further investigation is not required. See Table 2

Does the excuse indicate it was within the job seeker's control and they could have avoided the failure?

• Yes, further investigation is not required. See Table 2
• No or Unsure, further investigation is required. Go to Step 10

If a CDP job seeker is unable to attend a compulsory appointment with their provider, they are expected to contact their provider prior to the scheduled appointment time to explain why they are unable to attend.

An assessment of prior contact is required as part of the investigation when certain job seeker reasons have not been selected.

Review the Provider Report using the link provided then record the most appropriate response to questions as they present.

Does the report indicate the job seeker contacted their provider before they were due to attend?

• Yes, go to Step 11
• No, go to Step 12

Record the reason the provider did not accept the excuse and discuss this with the CDP job seeker.

Do you believe the job seeker provided a reasonable excuse when they contacted their provider?

Note: answering No to this question will mean this failure will be applied. Please ensure the intention is to apply the failure before selecting No. If further investigation should occur, select Yes or Unsure.

• Yes or Unsure, further investigation is required. Go to Step 13
• No, further investigation is not required. See Table 2

Discuss the CDP job seeker's reasons for not contacting and record their explanation in the Why didn't you contact the provider before you were due to attend? field.

Select a category and reason which best describes the CDP job seeker's reason for not making prior contact:

• Choose a category from the drop down list
• Select a reason from the drop down list for the category selected

Consider the prior contact guidelines, see Assessing reasonable excuse for non-compliance with mutual obligation requirements.

Record the most appropriate response to questions as they present.

Would it have been possible, and reasonable, to contact the provider before the failure occurred?

Note: when certain job seeker excuses are selected, the answer to this question will be set to 'Yes'.

• Yes, further investigation is not required. See Table 2
• No or Unsure, further investigation is required. Go to Step 13

Does sufficient evidence already exist to confirm the excuse for the failure?

• Yes, further evidence is not required. See Table 2
• No, go to Step 14

PST-skilled Service Officers make evidence based decisions. When further evidence is required to reach a decision, the Service Officer needs to ensure evidence is collected as part of the investigation and is specific to the incident.

When the Service Officer is requesting/awaiting further details or evidence to confirm the excuse for the failure, the following will display for entry of information:

• Evidence Due date:

When the Service Officer selects the option No - Phone call required to confirm the excuse for failure, the following will display for entry of information:

• Evidence due date
• Who do you need to contact about the job seeker's excuse
• Summary of evidence provided

The summary of evidence section may be used to document the evidence to be returned when a future date will be set for the return.

When evidence is required and a future date is set for its return, Save and Exit the screen flow using the Evidence required for JSCM failure option. If appropriate, the contact trigger will be removed but will be re-instated on the Evidence due date + 1.

Is evidence required and a future date is set for the return?

• Yes, procedure ends here
• No, see Table 2

On the Decision and Penalty screen record a response to questions as they present.

Note: the response to these questions may be automatically set in certain circumstances.

Have you confirmed the requirement is not suitable, it is explicitly precluded by policy or social security law, or they can't be compelled to meet the requirement for another reason?

• Yes, go to Step 5
• No, go to Step 2

Have you identified any significant errors or omissions in the report submitted by the provider?

• Yes, go to Step 5
• No, go to Step 3

Are you satisfied there is a reasonable excuse for the failure?

• Yes, go to Step 4
• No, go to Step 6

Are you satisfied prior notice was given or it was not reasonable to do so?

• Yes, go to Step 5
• No, go to Step 6

Select the appropriate rejection reason from the drop down list.

Clearly record an explanation for rejecting the compliance action in the free text area provided.

Service Officers need to be satisfied this is the correct decision before going any further. This may require Service Officers to reconsider and confirm the main reason for non-compliance has been correctly captured earlier in the workflow.

Record further information for the provider to explain the reason for rejection.

Note: any information recorded can be obtained by the CDP job seeker under the Freedom of Information Act 1982. The information which can be lawfully provided by Services Australia to Employment Services Providers is covered by Section 202 of the Social Security (Administration) Act 1999.

The failure decision will be automatically displayed in the 'Decision' section of the Decision and Penalty screen.

Go to Step 8.

The failure decision will be automatically displayed in the 'Decision' section of the Decision and Penalty screen.

When the failure is applied, as the decision maker Service Officers need to be satisfied the decision is correct under the Social Security (Administration) Act 1999. If not satisfied the decision is correct, consider reviewing the reason recorded as the job seeker's main excuse within the Compliance Investigation workflow.

Inform the CDP job seeker of the failure decision and their review and appeal rights.

Note: any information recorded can be obtained by the CDP job seeker under the Freedom of Information Act 1982. The information, which can be lawfully provided by Services Australia is covered by Section 202 of the Social Security (Administration) Act 1999.

The Service Officer will record a response to:

• Have you verbally notified the job seeker of the failure decision and appeal rights?
• Have they indicated they intend to apply for a formal review of the decision?

Note: where the decision and/or appeal rights are unable to be verbally advised, the PST-skilled Service Officers should finalise the decision in the workflow. Finalising the decision will issue a letter to the job seeker advising of the adverse decision and appeal rights.

Does the CDP job seeker want to apply for a formal review of the decision?

• Yes, go to Step 7
• No, go to Step 8

The following message will display:

'The job seeker has requested a review of the decision to apply the failure. Ensure appropriate action is taken to record the request for the review.'

See Non-compliance with compulsory requirements - review and appeals.

The PST-skilled Service Officer will be required to complete outstanding reviews or assessments of existing circumstances impacting compliance. See Circumstances impacting job seeker compliance.

QMA Checker:

QMA may not display all workflow screens if the failure investigation is completed over more than one contact.

When it has been identified by the QMA Checker some screens are not displaying within QMA, this information should be viewed through the Participation Compliance Hub workflow by selecting the Date of Event (DOV) of the submitted failure on the Participation Compliance Hub screen.

When the following message presents: 'The application of this failure will result in the generation of an automatic CCA. Based on the CCA guidelines in Operational Blueprint, does the CCA need to be generated immediately?', a response must be selected from either:

• Yes - generate CCA immediately
• No - system should generate CCA overnight

If a CCA is generated immediately, it will be displayed on the Participation Compliance Hub screen.

For more information, see Generating and preparing for a Comprehensive Compliance Assessment (CCA).