Re-engaging job seekers - Targeted Compliance Framework 001-18030205

When a non-compliance event occurs, providers have responsibility for re-engaging the job seeker.

Suspensions may be used to get the job seeker to contact their provider to discuss the failure.

Deferred suspensions

Payment will not be suspended immediately if:

• the job seeker is in the Targeted Compliance Framework green zone or warning zone, and
• the failure is a mutual obligation failure

When a mutual obligation failure occurs for a job seeker in the Targeted Compliance Framework green zone or warning zone, the provider will record a non-compliance event in the Employment Services System (ESS). This will send a notice from the provider to the job seeker telling them:

• it appears they did not meet a requirement, and
• they must contact their provider or their payment will be put on hold

To avoid payment suspension the job seeker must, within 5 business days:

• contact their provider to explain the reason for non-compliance, and
• meet any re-engagement requirement issued by the provider

If the job seeker does not contact their provider, their payment will be suspended after 5 business days. Their payment will remain suspended until they contact their provider and meet any re-engagement set by the provider.

Immediate suspensions

An immediate payment suspension will be triggered when the provider records the non-compliance event in ESS for a job seeker in the financial penalty zone.

This suspension prompts an SMS to the job seeker telling them they must contact their provider to re-engage. Services Australia also formally notifies the job seeker of the suspension, including the requirement to contact their provider.

When an unemployment or work refusal failure is identified, the provider or Digital Services Contact Centre (DSCC) for job seekers in Workforce Australia Online must talk to the job seeker before a failure report can be submitted.

If the provider is not satisfied with the job seeker's explanation, they may submit a work refusal or unemployment failure for Services Australia to investigate.

If the provider is unable to contact the job seeker

When a work refusal failure is identified and the provider cannot contact the job seeker, the provider can record a non-compliance event to get the job seeker to re-engage with them to discuss the work refusal. The non-compliance event will immediately suspend the job seeker's payment.

If the job seeker does not re-engage within 29 days of the submitted non-compliance event, the job seeker's payment is cancelled. The job seeker will need to re-claim their payment.

When an unemployment failure is identified and the provider cannot contact the job seeker:

• the provider will schedule an appointment, and notify the job seeker of the requirement to attend the appointment
• job seekers who fail to attend the appointment will be notified they may have missed a requirement and need to contact their provider
• job seekers who fail to contact their provider within 5 business days of the missed appointment, may have their payment suspended

If the job seeker does not re-engage with their provider within 29 days of being notified to do so, the job seeker's payment is cancelled. The job seeker will need to re-claim their payment.

A TCW - Provider work refusal failure or TCF - Did not meet provider requirement participation suspension may automatically lift when a job seeker transfers to a new provider. The provider who triggered the suspension is responsible for determining when to restore payment.

A job seeker's payment can be suspended as a result of a mutual obligation failure, or work refusal failure.

Providers are responsible for managing re-engagement so payment can be restored. Services Australia's system automatically responds to the electronic notification to:

• restore payment, or
• cancel payment if the job seeker fails to re-engage within 29 days

Job seekers requesting a review of the decision to suspend their payment need to first talk to their provider or the Digital Services Contact Centre for job seekers connected to a Workforce Australia Online provider. If the job seeker is not satisfied with the outcome, they can contact the Department of Employment and Workplace Relations' (DEWR) National Customer Service Line. If the job seeker is still not satisfied with the outcome, Services Australia manage the remainder of the review process. See Non-compliance with compulsory requirements - review and appeals.

A job seeker's payment can be cancelled if they fail to re-engage with their provider within 29 days of being notified of the requirement to do so. Where payment is cancelled 'Customer failed to re-engage' (CDR), the job seeker is deemed to have lost qualification for their participation payment. Payment restoration is not appropriate where the cancellation is correct. To receive the payment again, the job seeker will need to re-claim.

Participation Solutions Team (PST)-skilled staff may restore payment following a CDR cancellation if there is evidence that within 29 days of being notified to re-engage:

• the job seeker met the requirement, or
• the job seeker is no longer required to meet the requirement

Evidence may include:

• information on the job seeker's record confirming the job seeker has contacted and met their re-engagement requirement
• the job seeker attended a re-engagement appointment, but attendance was not identified/recorded before the CDR cancellation due to:
• incorrect or incomplete coding by the provider/DSCC
• incorrect appointment type booked, or
• a system issue or error. For example, incorrect cancellation of a manual follow up activity (MFU)
• a valid medical certificate was not assessed prior to cancellation, and the outcome of the medical certificate assessment suggests an exemption would be granted

PST-skilled staff must advise the job seeker of:

• their review and appeal rights, and
• the need to re-claim payment if:
• evidence does not exist, and the cancellation is deemed to be correct, or
• the job seeker is contacting more than 13 weeks after their payment was cancelled

See Non-compliance with compulsory requirements - review and appeals for additional information on the formal appeals process.