Assessing a job seeker's mutual obligation requirements based on Employment Services Assessment (ESAt)/Job Capacity Assessment (JCA) reports 008-06070070

The JCA Processing Team must consider the following when determining a job seeker's mutual obligation requirements:

• Medical/other information on the job seeker's record
• The Assessor's recommendations recorded in the Work Capacity section of the report, and
• Appropriate interventions

See Understanding Job Capacity Assessment (JCA) reports and Understanding Employment Services Assessment (ESAt) reports.

Check the Work Capacity section. Has the Assessor indicated a Temporary Reduced Work Capacity (TRWC) due to a temporary medical condition(s) or temporary exacerbation of a permanent condition?

• Yes, go to Step 3
• No, assess the job seeker's mutual obligation requirements based on the impact of the job seeker's permanent condition(s). Go to Step 6

Has the Assessor recorded a bandwidth of 0-7 hours for the temporary work capacity?

• Yes, go to Step 4
• No, go to Step 5

Coding medical certificate

Job seekers assessed as having a Partial Capacity to Work (PCW) or a temporary reduced work capacity (TRWC) of either 0-7 or 8-14 hours per week, are still required to meet their mutual obligation requirements. This is generally through compulsory Quarterly Participation Interviews (QTI).

If the job seeker has lodged an approved medical certificate, they may be eligible for a temporary incapacity exemption from their mutual obligation requirements, if the medical certificate and other relevant evidence including the JCA/ESAt report indicates the customer is temporarily incapacitated for all work of at least 8 hours per week.

If the customer does not have a current incapacity exemption from mutual obligation requirements and has not had one within the last 14 days, see Assessing and coding medical evidence for temporary incapacity exemptions for coding information. Once coded, return to this step to determine mutual obligation requirements if a temporary incapacity exemption is not given.

If the customer does have a current incapacity exemption from mutual obligation requirements or it is within 14 days of their previously expired medical certificate, see Assessing and coding medical evidence for temporary incapacity exemptions for coding information. Once coded, return to this step to determine mutual obligation requirements if a temporary incapacity exemption is not given.

Has the Assessor indicated an immediate referral to a provider is not appropriate at the time of the assessment?

• Yes, defer the provider referral. Referrals recommended by the report, such as Disability Employment Services (DES), are actioned by Services Australia once the job seeker's temporary incapacity exemption has ceased. Go to Step 6
• No, go to Step 7

A temporary incapacity exemption should not be granted where:

• the job seeker has a capacity to work of more than 0-7 hours per week, or
• they do not lodge a medical certificate

Work capacity of 8 hours or more

The job seeker will have reduced mutual obligation requirements based on their level of capacity to work for the period of their temporary incapacity.

Modify the job seeker's activities to take into account their reduced capacity for work, for example, reduced number of job search contacts.

Check if the Assessor has recommended a short-term intervention that responds specifically to the job seeker's injury or illness.

Negotiate the job seeker's Job Plan, if they are a Centrelink managed job seeker, taking into consideration their reduced capacity and recommendations of the Assessor. Go to Step 6.

Does the job seeker also have a permanent condition(s) that affects their work capacity, that is, current work capacity is less than 30 hours?

• Yes, after any period of TRWC, a job seeker's mutual obligation requirements are based on their baseline and with intervention capacity to work, taking into account all permanent conditions. Go to Step 7
• No, the job seeker is required to look for full-time work when their TRWC has resolved. Procedure ends here

Baseline (formerly current) work capacity and work capacity with interventions are recorded as either 0-7 or 8-14.

• Yes, go to Step 8
• No, go to Step 9

Advise the job seeker of results.

Follow-up any interventions recommended.

Where the Assessor has included an Impairment Rating, investigate if the job seeker meets other eligibility requirements for Disability Support Pension (DSP) and invite them to claim DSP.

Note: the job seeker may not be eligible for DSP based on non-medical criteria or may choose not to claim DSP.

If a job seeker with a work capacity of 0-14 hours per week claims a payment with mutual obligation requirements, they can volunteer to connect with an Employment Services Provider. They are not required to look for work. If they choose to do so, they continue to be serviced as a Fully Eligible Participant (FEP).

Job seekers with an assessed partial capacity to work (PCW) of 0-14 hours per week are required to attend a Quarterly Participation Interview (QTI) every 12 weeks.

The QTI activity must be coded on the job seeker’s Activity and Exemption Summary (AEX) screen. The Job Plan also needs to be updated where appropriate.

See: Quarterly Participation Interviews for Partial Capacity to Work and Temporary Reduced Work Capacity (0-7 or 8-14 hours per week) job seekers.

Has the Assessor indicated that the job seeker is currently able, and will be able within the next 24 months with interventions, to work or look for work for 15 hours or more per week but less than 30 hours per week?

• Yes, see Step 1 in Table 2
• No, see Step 2 in Table 2

The job seeker is assessed as having a partial capacity to work (PCW) if they are also unable to undertake a training activity within the next 2 years.

Mutual obligation requirements are based on their level of work capacity. See Job seekers with a partial capacity to work or a temporary reduced work capacity.

Discuss the mutual obligation requirements with the job seeker.

If the job seeker is Centrelink managed, negotiate the job seeker's Job Plan, taking into consideration their incapacity, unless they are being referred to an Employment Services Provider.

Follow-up any recommended interventions.

Procedure ends here.

Has the Assessor indicated that the job seeker is currently able to look for work or work more than 30 hours per week?

• Yes, and the job seeker:
• is currently able to look for work, or work for 30 hours or more per week. Go to Step 2
• will be able to look for work for 30 hours or more per week without interventions. Go to Step 4
• No, go to Step 3

The permanent condition does not affect the job seeker's ability to work now or in the next 2 years. They are able to look for full-time work or satisfy part-time mutual obligation requirements for principal carers.

A Job Plan is to be negotiated. This will be done by Services Australia if the job seeker is Centrelink managed or an Employment Services Provider if the job seeker is being referred to them.

Follow-up any recommended interventions.

Procedure ends here.

Has the Assessor indicated the job seeker will have a future capacity for work without interventions of 30 hours or more?

• Yes, go to Step 4
• No, go to Step 5

The medical condition(s) is expected to resolve or substantially improve without interventions in the future.

• Modify the Job Plan, taking into account the current level of work capacity. This will be done by an Employment Services Provider if the job seeker is being referred to them
• The job seeker will be able to look for full-time for work in the future or satisfy part-time mutual obligation requirements for principal carers
• Follow-up any recommended interventions

Procedure ends here.

Has the Assessor indicated the job seeker's capacity for work with interventions is more than 30 hours per week?

• Yes, go to Step 6
• No, go to Step 7

Has the Assessor indicated that with interventions, the job seeker's capacity for work will increase?

• Yes, go to Step 8
• No, go to Step 9

The job seeker is expected to be able to work full-time or satisfy part-time mutual obligation requirements for principal carers, independently of an ongoing program of support, taking into account any mainstream and/or disability specific assistance that may be received within the next 2 years.

Negotiate the job seeker's Job Plan (this will be done by an Employment Services Provider if the job seeker is being referred to them) taking into consideration their current capacity or incapacity to look for work/to work and the mainstream and/or disability specific assistance that may be received.

Follow-up the recommended interventions.

Has the Assessor made recommendations on the type of interventions suitable for the job seeker in order to improve their capacity to work?

• Yes, follow-up on recommendations of interventions. If the job seeker has a Job Plan this is to be updated. This will be done by an Employment Services Provider if the job seeker is being referred to them
• No, the job seeker's Job Plan needs to be updated to include details that the job seeker has had their assessment but there are no suitable interventions for them to improve their capacity to work. This will be done by a provider who can update Job Plans if the job seeker is being referred to them