Work refusal failures 001-18030207

A work refusal includes:

• refusing an offer of suitable work
• failing to accept an offer or suitable work, or
• accepting an offer of suitable work, but failing to start work as planned

A work refusal failure compliance investigation focuses on the:

• work refused, and
• job seeker's reasons for refusing or failing to start work

These facts help to decide if a work refusal failure has been committed.

Participation Solutions Team (PST)-skilled staff must ensure all relevant evidence relating to the work refusal failure is identified and appropriately considered by:

• identifying the key facts of the work refusal failure
• giving the job seeker an opportunity to respond to the claim they refused suitable work
• allowing the job seeker reasonable time to provide any evidence, if appropriate
• making contact with the provider or employer, where the job seeker's evidence contradicts information within the provider report
• consulting with a PST-skilled social worker where circumstances impacting compliance are identified, to establish their impact on suitability of work or reason for refusal. See Accessing a PST-skilled social worker

For more information, see Refusing or failing to accept a suitable job offer.

A work refusal failure under social security law occurs if the work refused (including accepting but failing to start work) was a confirmed offer of suitable work for the job seeker based on their circumstances.

Suitability of work is based on the job seeker's:

• skills
• experience
• qualifications
• medical circumstances, and
• participation category, i.e. principal carer or partial capacity for work (PCW)

The suitability of the work for the job seeker is expected to have been considered by the provider. PST-skilled staff should assume the work was suitable, unless the job seeker indicates otherwise. If this occurs, further investigation into suitability of work is required. For more information, see Suitable/unsuitable work.

Where PST-skilled staff determine the work was unsuitable, a failure has not been committed.

Note: job seekers who have an assessed partial capacity to work (PCW), or are a principal carer parent, are not required to accept a job offer if it involves working more than 15 hours per week.

If the work is suitable, consider the job seeker's reasons for refusing/failing to start work. To assess if the job seeker's reasons mean reasonable excuse could be established, see Assessing reasonable excuse for non-compliance with mutual obligation requirements.

Where a reasonable excuse is:

• established, a work refusal failure has not been committed
• not established, a work refusal failure has been committed. This decision will cancel the job seeker's participation payment and apply a 4 week post-cancellation non-payment period

Note: prior contact assessment is not required for a work refusal failure. However, attempts to contact the provider or employer prior to the work refusal may help establish intent at the time of the failure.

All work refusal failure compliance investigations are recorded in the Compliance Investigation workflow.

PST-skilled staff must record:

• all relevant facts from the job seeker about suitability of work that was not considered by the provider
• the reasons provided by the job seeker for refusing work
• any evidence relating to the circumstances associated with the work refusal

For more information about:

• evidence to support facts and action required when supplementary evidence is required, see Gathering and assessing evidence for a job seeker compliance investigation
• recording facts and the evidence that supports the facts during a compliance investigation, see Participation Compliance Hub

Note: work refusal failures decisions can be held pending evidence. Job seekers who advise they can provide evidence to support reasonable excuse or that the work is unsuitable, should be offered 2 business days to provide evidence. Additional time can be negotiated however; it must not be more than 14 days.

A work refusal failure has been committed if the job seeker fails to accept or start suitable work without a reasonable excuse.

A work refusal failure has not been committed if:

• the job seeker is a principal carer or has a partial capacity of work (PCW) and the work offered was more than 15 hours per week, or
• the job seeker was not in receipt of a participation payment, or
• work was not considered suitable work for the job seeker

If a work refusal failure has:

• not been committed as work was unsuitable or the failure is otherwise invalid, go to Step 3
• not been committed as the job seeker has established reasonable excuse, go to Step 4
• been committed as a reasonable excuse has not been established, go to Step 6

If a work refusal failure has not been committed, an appropriate failure rejection reason must be selected.

This information along with free text must be recorded to assist provider understanding why the failure was rejected.

For more information, see Rejecting compliance action.

Updates to the job seeker's circumstances impacting compliance is required when circumstances are identified, or current circumstances need updating.

Go to Step 5.

Identify the main reason the job seeker refused suitable work and record this in the Compliance Investigation workflow.

Record all relevant evidence used to establish reasonable excuse.

Prior contact assessment is not required for a work refusal failure.

Select an appropriate failure rejection reason, noting the Compliance Investigation workflow will only present options relevant to the excuse recorded. Send free text to the provider to assist their understanding about the rejection. For more information, see Sending free text to providers when compliance action finalised.

It is important to discuss the reason for the decision with the job seeker in a way that consistently reinforces expectations that they:

• continue to seek suitable work
• accept all offers of suitable work

Talking points displayed in the Compliance Investigation workflow should be used to ensure consistent messages are provided.

Note: if unable to verbally advise the decision and/or review and appeal rights, the PST-skilled staff should finalise the decision in the workflow. Finalising the decision will issue a letter to the job seeker advising of the adverse decision and review and appeal rights.

Go to Step 8.

Identify and record the main reason the job seeker refused suitable work in the Compliance Investigation workflow.

Note: prior contact assessment is not required for a work refusal failure. However, attempts to contact the provider or employer prior to the work refusal may help establish intent at the time of the failure.

For more information, see Assessing reasonable excuse for non-compliance with mutual obligation requirements.

If reasonable excuse is not established, the work refusal failure is applied, payment is cancelled and a 4 week post-cancellation non-payment period applies.

For more information about non-compliance cancellation date of effects and the length of the post-cancellation non-payment period, see Targeted Compliance Framework financial penalties and payment cancellations.

Advising the job seeker of the work refusal failure will be applied.

Ensure the job seeker is aware:

• the work refusal failure will be applied
• their participation payment, will be cancelled
• they will need to serve a 4 week post cancellation non-payment period
• their concession cards will be maintained and benefit rate of Family Tax Benefit (FTB) will continue, if appropriate. For further information, see Targeted Compliance Framework financial penalties and payment cancellations
• of their appeal rights, for further information, see Non-compliance with compulsory requirements - review and appeals
• they can re-apply for participation payment during the 4 week post cancellation non-payment period

If unable to advise the decision and/or review and appeal rights during the contact, PST-skilled staff should continue to finalise the decision. This will ensure a notice is issued advising the job seeker of the adverse decision and review and appeal rights.

Update the Circumstances impacting Compliance workflow if:

• new job seeker circumstances are identified during the investigation, or
• the circumstance is no longer impacting the job seeker's ability to meet their requirements

The Circumstances impacting Compliance workflow is accessed using links in the Compliance Investigation workflow.

For more information, see Circumstances impacting job seeker compliance.

A referral may be appropriate in certain circumstances, for job seekers who require immediate social work crisis intervention. See Social work service referral.