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Determining failure hierarchy when there are multiple failures 001-10120040



This document outlines the failure hierarchy that applies when multiple Job Seeker Compliance Framework failures or compliance action occurs.

Compliance action hierarchy

Compliance Action is applied based on the following Job Seeker Compliance Framework hierarchy:

  • Unemployment Non-Payment Periods (UNPP)
  • Serious failures
  • Non-attendance Failures
  • Reconnection failures
  • No Show, No Pay failures, connection failures and Non-Attendance Reports (NAR)

When multiple failures of the same type exist, Participation Solutions Team (PST)-skilled Service Officers should investigate the oldest failure first.

Failures during an Unemployment Non-Payment Period (UNPP)

Serious, non-attendance Failures, reconnection, No Show, No Pay or connection failures and Non-Attendance Reports (NAR) do not apply when the failure event occurs while a Community Development Program (CDP) job seeker is serving a UNPP. This is because a CDP job seeker does not have mutual obligation requirements during a UNPP.

Note: other compliance actions may occur when a UNPP has been waived under hardship provisions or the CDP job seeker is receiving Payment Pending Review.

Failures during a serious failure period

Non-attendance failure, connection, reconnection and No Show, No Pay failures and Non-Attendance Reports (NAR) do not apply when the failure event occurs while a Community Development Program (CDP) job seeker is currently serving a serious failure period.

Note: other compliance actions may occur when the serious failure period has been waived because the CDP job seeker is undertaking a Compliance Activity or is eligible for payment under hardship provisions, or when the CDP job seeker is receiving Payment Pending Review.

During a serious failure period, an Unemployment Non-Payment Period (UNPP) will need to be investigated and may affect the payment recommencement date.

Failures during a non-attendance failure period

Connection, reconnection and No Show, No Pay failures cannot be applied if the compliance action occurs during a non-attendance failure period. This is because more than 1 penalty amount cannot be recovered for the same day and a Community Development Program (CDP) job seeker is not required to comply with their mutual obligation requirements during the non-attendance failure penalty period; however the non-attendance failure penalty will always end 1 day prior to a CDP job seeker's reconnection appointment.

Failures during a reconnection failure period

Non-attendance failures, connection failures and No Show, No Pay failures cannot be applied if the compliance action occurs during a reconnection failure period. This is because more than 1 penalty amount cannot be recovered for the same day and a Community Development Program (CDP) job seeker is not required to comply with their mutual obligation requirements during a reconnection failure period; however a CDP job seeker will need to comply with a further reconnection requirement to end the existing reconnection failure period.

A Non-Attendance Report (NAR) can be submitted during a current reconnection failure period, but only if the submitted NAR is for an appointment set as a reconnection requirement in the same sequence of events. NARs and Provider Appointment Reports (PARs) that are not within the same sequence of events will be automatically rejected.

Existing Comprehensive Compliance Assessment (CCA)

When a Comprehensive Compliance Assessment (CCA) has been either manually or automatically triggered, connection, reconnection or No Show, No Pay failures, Non-Attendance Reports (NAR) and Provider Appointment Reports (PAR) cannot be generated. Compliance actions that have been submitted but not yet finalised are automatically rejected.

Reviewing and validating Community Development Program (CDP) Provider Reports

Investigating a reconnection failure

Investigating a No Show, No Pay Failure

Investigating a non-attendance failure

Assessing a serious failure for refusing to accept or failing to commence a suitable job

Persistent non-compliance for Community Development Program (CDP) job seekers

Reconnection failure penalties

No Show, No Pay failure penalties

Serious failure penalties

Calculating the effect of Job Seeker Compliance Framework failure penalties on fortnightly instalments

Manually adjusting non-payment period start and end dates

Non-compliance with compulsory requirements - review and appeals