Non-compliance with compulsory requirements - review and appeals 001-10130000

Services Australia and Employment Services Providers work together to apply job seeker compliance legislation and policy. Services Australia is the delegate for some decisions while other decisions are made by the provider.

When a job seeker contacts Services Australia about a job seeker compliance decision, the decision must be identified to:

• establish who was responsible for making it, and
• whether it was made under social security law

This will inform who has responsibility for discussing the decision and managing the review process.

The following decisions are not made under social security law but as per Department of Employment and Workplace Relations (DEWR) policy. An employment services provider or DEWR's Employment Services System (ESS) can decide:

• to record a demerit because a valid reason has not been provided
• to place the job seeker in a different Targeted Compliance Framework zone
• to change the number of demerits accrued within a 6 active months period
• when a Capability Interview or Capability Assessment is required

Note: under the Job Seeker Compliance Framework, all decisions are made under social security law.

See the Resources page for more information.

Employment Services Providers are delegated to make the following decisions under social security law:

• Suspending a job seekers payment as a result of a mutual obligation or work refusal failure
• Issuing reconnection requirements to a job seeker when a mutual obligation or work refusal failure is identified
• Restoring participation payments following the job seeker meeting their reconnection requirement or the provider determining reconnection is no longer required

Under the Job Seeker Compliance Framework, CDP providers are delegated to make the following decisions under social security law:

• Issuing a notice for a job seeker to attend a compulsory appointment
• Notifying the job seeker of the requirement to enter into a new Job Plan
• Issuing reconnection requirements to a job seeker when they fail to attend a compulsory appointment or determining when reconnection is no longer required

See the Resources page for more information.

Services Australia makes the following Targeted Compliance Framework decisions under social security law:

• Applying a financial penalty as a result of a mutual obligation failure, including the amount of the penalty and the instalment period the penalty affects
• Cancelling payment as a result of a mutual obligation, work refusal or unemployment failure, or failure to comply with a reconnection requirement within 29 days. This includes the payment cancellation date of effect
• Applying an unemployment preclusion period or post-cancellation non-payment period, including start date and duration of this period

The outcome of a Capability Assessment is not a decision made under social security law and cannot be reviewed. If the job seeker is not satisfied with the outcome of a Capability Assessment or their Targeted Compliance Framework zone, they should be referred to their provider to discuss their requirements.

Services Australia makes the following Job Seeker Compliance Framework decisions under social security law:

• Applying suspensions when notified by CDP providers when a job seeker fails to attend an appointment or has disengaged from their mutual obligation requirements
• Applying a financial penalty as a result of a non-attendance, reconnection, no show no pay or serious failures and unemployment non-payment periods
• Waiving serious failure and unemployment non-payment period penalties under hardship waiver provisions or as a result of the job seeker seeking to waive their serious failure penalty
• Cancelling payment as a result of failing to comply with a reconnection requirement within 29 days

See the Resources page for more information.

Employment Service Providers are responsible for providing job seekers with an explanation of Targeted Compliance Framework decisions that are not based on social security law. The provider or the Department of Employment and Workplace Relations (DEWR) fully manage the review process for these decisions.

When the provider makes a decision as a delegate under social security law, the provider is responsible for providing the job seeker with an explanation of the decision and initial reconsideration of the decision. If the job seeker is not satisfied with the outcome, the job seeker may be referred to the DEWR National Customer Service Line.

Services Australia is responsible for managing the internal review process for decisions it is delegated to make under social security law.

CDP providers do not have delegation to make compliance decisions under social security law but are responsible for providing CSP participants with an explanation of the Job Seeker Compliance Framework decisions they make (for example, decisions to send Services Australia advice to suspend payments as a result of non-compliance with a compulsory requirement).

When a CDP participant contacts Services Australia about a Non-Attendance Report (NAR), they should be advised to contact their provider to ensure any outstanding issues are resolved so payment can be restored as quickly as possible.

Services Australia are the delegates for Job Seeker Compliance Framework decisions made under social security law and fully manage the review process for these decisions.

The job seeker can choose to request an explanation of the decision, which will be provided by a Participation Solutions Team (PST) Subject Matter Expert (SME). A PST SME is a PST-skilled staff member with WNPPD security resource. The job seeker may choose this option if they do not understand or would like more information about the decision.

The job seeker can choose to apply for a formal review of the decision, which will be undertaken by an Authorised Review Officer (ARO). The job seeker may choose this option if they do not agree with the decision. A job seeker can apply for a formal review of a decision at any time. An explanation by a PST SME is not mandatory.

CDP participants can request PPR when they have applied for a formal review of a serious failure or Unemployment Non-Payment Period (UNPP). PPR is not available for any failures or decisions made under the Targeted Compliance Framework.

For more information, see Payment Pending Review (PPR) of decision to apply a penalty for non-compliance.

Further information or evidence provided by a job seeker in relation to a decision that has been made can be considered. The decision can be changed without the job seeker requesting an explanation or applying for a formal review of the decision.

Note: lodgement of information/evidence (without contact from the job seeker) is not automatically considered a request for an explanation or an application for a formal review. If in doubt, contact the job seeker to discuss.

A reassessment undertaken by a PST SME or PST-skilled staff as a result of new information, is done under the authority of a Secretary initiated review. It must be documented on the job seeker's record. These reassessments are not recorded in the Appeals (APL) system and the Internal Review/Explanation script is not used.

If a job seeker lodges additional information and/or evidence and does request an explanation of the decision or apply for a formal review, a PST SME or ARO will consider the information.