Implementing Administrative Review Tribunal (ART second review) partial stay orders 001-10130030

• If the Procurement, FOI and Litigation Branch identifies that a partial stay order must be implemented, go to Step 2
• To record a partial stay order, go to Step 3
• To record the ART decision to affirm or dismiss the appeal, go to Step 5
• To record the ART decision to set aside the appeal, go to Step 6

The FOI and Litigation Branch, an Authorised Review Officer (ARO) should:

• record details of the ART partial stay, use Fast Note - select Auto text, use Jobseekers > Update > PST action required
• Provide clear instructions of what is required of the PST skilled Service Officer to undertake
• Fast Note will be allocated to a suitably skilled Service Officer with the relevant WNPPD security resource
• Forward the email relating to the ART partial stay order to the Smart Centre Operational Planning Workload Management Team

Procedure ends here.

Check if any arrears will be paid. Zero any arrears as directed by the ART stay order within the Payment Pending Review (PPR) activity.

Record a DOC with:

• DOC summary line stating 'ART2 partial stay order', and
• DOC text must include that 'The ART have requested the customer be paid from <date> for failure <incident date>. Due to ART partial stay order arrears for the period from <date> to <date> have been zeroed out within the PPR activity. Once the ART make a final decision, if they decide to affirm the decision when the failure would need to be reapplied ensuring that the customer only serves a <number of weeks> week non-payment period. However, if once the ART make a decision they decide to set aside the decision then the failure would need to be revoked and arrears for the period from <date> to <date> will need to be paid via PYAJ. Any further enquiries about the partial stay order or how to implement the ART second review decision please contact PST Programme 'NPS'.'

Place job seeker back onto fortnightly reporting.

Contact the job seeker to advise:

• the ART have granted a stay order from <date>
• date the job seeker needs to report in order for payment to be made, and
• reinforce the importance of remaining engaged with their provider and undertaking compulsory activities during period receiving payments

Record a DOC of the action taken and the job seeker contact.

Procedure ends here.

PST-skilled Service Officers (WNPPD) are responsible for implementing the ART decision to reapply or revoke the Unemployment Non-Payment Period (UNPP) or serious failure.

The same procedures outlined in Implementing the outcome of a failure review or appeal should be followed, however care should be taken to ensure the job seeker only serves a non-payment period for the amount of time the ART had granted the partial stay order.

Procedure ends here.

PST-skilled Service Officers (WNPPD) are responsible for implementing the ART decision to revoke the UNPP or serious failure penalty period.

The same procedures outlined in Implementing the outcome of a failure review or appeal should be followed, however arrears will need to be manually paid via the Payment Adjustment (PYAJ) screen for the period that the job seeker had already served part of the non-payment period as a result of the ART partial stay order.