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Targeted Compliance Framework 001-18030202



Managing non-compliance frequently asked questions

Table 1: This table provides answers to frequently asked questions relating to managing non-compliance under the Targeted Compliance Framework.

Item

Description

1

Question: How does a job seeker get a demerit?

Answer: A demerit is recorded in the Employment Services System (ESS) when a job seeker fails to meet their mutual obligation requirements without a valid reason. The provider is responsible for determining if the reason given by the job seeker is valid or not.

Job seekers who contact Services Australia about a demerit should be told to contact their provider. If the job seeker is in Workforce Australia Online, they should be told to contact the Department of Employment and Workplace Relations (DEWR) Digital Services Contact Centre.

2

Question: How can job seekers keep track of the zone they are in and how many demerits they have?

Answer: Job seekers can view their participation status including their zone and demerit balance from their job seeker account accessed through their myGov account, the Centrelink Express Plus app, or they can check with their provider.

3

Question: What is the difference between a Capability Interview and a Capability Assessment?

Answer: Where the job seeker is in the warning zone and accrues 3 demerits, a Capability Interview is conducted by the provider.

If the job seeker accrues a fifth demerit, a Capability Assessment is conducted by Services Australia.

Job seekers may be fast tracked to the next assessment point after accruing a demerit for a job interview or job referral failure.

The aim of both a Capability Interview and a Capability Assessment is to determine if the job seeker is capable of meeting their requirements included in their Job Plan.

If it is determined that the job seeker is capable of meeting their current Job Plan requirements, the outcome of the:

  • Capability Interview is that the job seeker remains in the warning zone with 3 demerits accrued
  • Capability Assessment is that the job seeker transitions to the financial penalty zone

In either assessment, if the job seeker is not capable of meeting their requirements, the job seeker will return to the green zone, with their demerits reset to zero. Their provider will renegotiate a new Job Plan.

4

Question: How does a job seeker get a penalty?

Answer: Job seekers in the penalty zone must meet all their mutual obligation requirements to receive their full payment.

Where the provider identifies a job seeker has failed to meet a mutual obligation requirement and the job seeker does not have a valid reason, the provider submits a Participation Report for Services Australia to investigate.

If the PST-skilled staff investigating the failure is unable to establish the job seeker had a reasonable excuse, the failure and financial penalty is applied.

5

Question: Is there any waiver or hardship provisions during non-payment periods?

Answer: No waiver or hardship provisions apply under the Targeted Compliance Framework. The job seeker will retain concession card and benefit rate Family Tax Benefit (FTB) eligibility.

6

Question: Is payment restored at the end of a post cancellation non-payment period?

Answer: No, the job seeker has lost qualification for their payment and will need to reclaim if they need income support again.

A job seeker can reclaim payment at any time after the cancellation. However, the post cancellation non-payment period will prevent payment until after it ends.

Note: all income support payments are paid in arrears, this means in the above scenario the job seeker becomes payable from the day after the non-payment period ends, but will not receive an instalment of their payment until after they report.

Job seekers who reclaim during the non-payment period will be subject to RapidConnect and will return to the penalty zone.

Summary of process for the Targeted Compliance Framework

These links provide a summary overview of how non-compliance is managed under the Targeted Compliance Framework.

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\\INTERNAL.DEPT.LOCAL\Shared\NAT\SERDELEXCEL\WORKPRODIMP\Operation Blueprint Migration\RDT Release Icons\32w\icon-hidden-attachment.pngTargeted Compliance Framework high level customer journey

Contact details

Department of Employment and Workplace Relations (DEWR)