Investigating a No Show, No Pay Failure 001-17091300
This document explains the process for investigating No Show, No Pay failures generated for failing to attend or inappropriate behaviour at a job interview. Participation Solutions Team (PST)-skilled Service Officers are responsible for all No Show, No Pay investigations and determinations.
No Show, No Pay policy
A No Show, No Pay failure may be generated for a CDP participant when:
- they do not attend a job interview (including arriving late or leaving early); or
- during a job interview they deliberately behave in a manner that results in a job offer not being made
When non-compliance occurs within the CDP participant's control the intention is that a No Show, No Pay failure should be applied.
No Show No Pay failures do not apply for non-attendance or misconduct at voluntary activities such as Work for the Dole.
Responsibilities of PST-skilled Service Officers
Once contact with the CDP participant is established, PST-skilled Service Officers are responsible for:
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assessing the impacts of any identified personal factors or circumstances impacting the CDP participant's capacity to comply with their requirements.
Note: a PST skilled Service Officer must consult with a PST-skilled social worker where the participant presents with family and domestic violence or has a current Family relationships/Domestic violence circumstance recorded. See Accessing a PST-skilled social worker - ensuring the CDP participant clearly understands expectations as well as the consequences of non-compliance
- giving the CDP participant the opportunity to explain their reasons for the failure and recording their explanation in the Compliance Investigation workflow
- gathering relevant evidence to establish the facts
- assessing whether the work was suitable for the CDP participant
- assessing whether the CDP participant had a reasonable excuse for non-compliance
- making the decision to apply or reject the No Show, No Pay
- recording the investigation, and evidence considered, appropriately in the Compliance Investigation workflow
- explaining the CDP participant's rights of review and appeal when a failure is applied
- generating a Comprehensive Compliance Assessment (CCA) if appropriate
Assessing reasonable excuse
The PST-skilled Service Officers considers the CDP participant's reasons for non-compliance, including if the reasons and/or circumstances:
- were foreseeable or within the participants control
- directly affected their ability to comply
- are acceptable under the reasonable excuse provisions
Reasonable excuse is not assessed when misconduct at a job interview has been established. The focus of these incidents must be if the behaviour was in the CDP participant's control.
An assessment of prior contact for non-attendance at a job interview is not required by legislation for a determination to be made, however, it may add weight to establishing the CDP participant's intent to comply.
Related Links
Reviewing and validating Community Development Program (CDP) Provider Reports
Community Development Program (CDP)
Investigating a connection failure
Gathering and assessing evidence for a job seeker compliance investigation
Conducting a compliance investigation
Refusing to enter into a Job Plan
Non-attendance or inappropriate conduct in a job interview
Determining failure hierarchy when there are multiple failures
Effect of a compliance action on Income Management
Assessing a serious failure for refusing to accept or failing to commence a suitable job
Unemployment due to a voluntary act or misconduct
Job seeker contacts to discuss non-compliance or circumstances impacting compliance
Assessing reasonable excuse for non-compliance with Mutual obligation requirements
Sending free text to providers when compliance action finalised
Mutual obligation requirements