Work refusal failures 001-18030207

A job seeker commits a work refusal failure if they fail to accept a confirmed offer of suitable work without a reasonable excuse, including when a job seeker accepts suitable work but fails to start.

When a work refusal failure is applied this will:

• cancel the job seeker's payment, and
• impose a 4 week post cancellation non-payment period

Job seekers who reclaim payment:

• may be subject to RapidConnect provisions, and
• must serve the 4 week post-cancellation non-payment period before their payment re-starts, and
• will return to the Targeted Compliance Framework (TCF) penalty zone they were in prior to the non-compliance cancellation

Job seekers who are principal carers or have partial capacity to work (PCW), do not commit a work refusal failure if the work refused is for more than 15 hours per week.

Note: there are no waiver provisions for job seekers in financial hardship during the post-cancellation non-payment period; however, they will maintain eligibility for a concession card and the benefit rate Family Tax Benefit (FTB).

Providers who become aware that a job seeker has refused work, or accepted work but failed to start will contact the job seeker to discuss their reasons for refusing or failing to start suitable work.

If contact with job seeker is:

• successful, the provider will assess whether a work refusal failure occurred and whether the job seeker had a valid reason for not accepting the work.
  If the provider:
  • accepts a reason as valid or that a work refusal failure has not occurred including because work was not suitable, the provider will record a file note on the job seeker’s record, and no work refusal report is created
  • does not accept a reason as valid or that a work refusal failure has not occurred including because work was not suitable, the provider will create a work refusal failure report and advise the job seeker to contact the Participation Solutions Team (PST)
• unsuccessful, the provider will assess based on details available to them and decide if they are satisfied that a work refusal failure has or has not occurred. If the:
  • provider is not satisfied that a work refusal failure has occurred, they will record a file note and issue a notice to attend an appointment
  • provider is satisfied that a work refusal failure has occurred, they will create a work refusal failure report
  • job seeker does not contact their provider within 5 business days, their payment suspends. Payment remains suspended until they contact their provider and discuss their reasons for refusing or failing to start suitable work

Job seekers will transition between job seeker compliance systems if they change residential address and either start or cease to participate in the Remote Australia Employment Service (RAES).

Where job seeker transfers to a RAES provider:

• an outstanding work refusal failures may still be investigated and applied
• any non-compliance cancellation due to a work refusal failure or post-cancellation non-payment period will remain in place