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Step |
Action |
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1 |
Waiver provisions process
Before completing the assessment, the social worker should:
- review the waiver provisions
- complete a file assessment, and
- research the debt
A debt may be waived if:
- the debt did not result wholly or partly from the debtor or another person knowingly providing information, misrepresenting facts or failing to adhere to the law, or
- the debt resulted wholly or partly from such an act or omission by the customer, but that act, or omission was justified in the circumstances, or
- the debt resulted wholly or partly from such an act or omission by another person, but either the customer:
- did not know about that act or omission, or
- was justified in the circumstances for not correcting that act or omission, and
- special circumstances (other than financial hardship alone) make it reasonable to waive, and
- it is more appropriate to waive the debt than to write it off (otherwise, go to Step 10 for further write-off information)
See Identifying customer vulnerability and risk issues for situations that can contribute to special circumstances.
The term 'knowingly' should imply actual knowledge. It is not merely knowledge that they are supposed to know or could have found out. If the debtor behaved in a recklessly indifferent manner, they may also be considered to have acted knowingly in respect of their conduct or representations.
When determining if a person was ‘justified (acceptable or having good cause or reason) in the circumstances’, consider the person’s circumstances in their entirety.
See Special circumstances debt waivers.
Go to Step 2. |
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2 |
Conduct a file assessment and research the debt
Review the file, this should include:
- Secure notes
- JCA and ESAt reports
- SWIS notes
- Medical conditions screen
- Document tools and Document list including debt raising and/or compliance activity details
- Checking if an Authorised Review Officer (ARO) has already made a decision regarding a debt waiver. If so, a review of an ARO decision requires approval from Appeals Policy and Program. If approval is granted, a delegated officer can complete the review. See Secretary initiated review of decision
In Process Direct:
In Customer First:
- search the term Debt information. This screen shows the customer’s history of debts and current outstanding debts
- select the Debt ID number to view the Debt information details of each individual debt
For more information, in Customer First or Customer Record, access the Debt Management and Information System (DMIS) using these screens:
- Debt List (OPDL), select the relevant Debt ID
- General Information (OPGI)
- Repayment History (OPRH)
- Write-off screen (OPWO)
- Debt Action Summary (OPAS)
- Payment Arrangement List (OPAL)
Do not tell the customer that the recommendation will be successful in waiving the debt. Social workers are not the decision maker.
For additional information on the debt screens, see:
Note: social workers should contact the referring officer or the team, which raised the debt if they require more information about the debt. If the customer is seeking an explanation of the debt, see Request for an explanation or application for a formal review.
Go to Step 3 |
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3 |
Factors to consider during the assessment
The social worker should consider a customer's broader circumstances when making a recommendation of whether to apply special circumstances waivers, including circumstances that justify why a person provided false information or failed to comply with legislation.
Special circumstances are difficult to define. They are due to situations that are unusual, uncommon or out of the ordinary circumstances. Consider the context in which they happen and if they differ from the usual run of cases. While the circumstances might be unique, they must have a particular quality of unusualness that would describe them as special.
The special circumstances debt waiver requires consideration of a person’s circumstances in their entirety. Eash case must be considered on its own merits. Circumstances may include, but are not limited to:
- family and domestic violence
- financial abuse and coercion
- mental capacity
- the impact of natural disasters
- homelessness
- serious dependence on drugs and alcohol, and
- financial hardship or other vulnerabilities
Is there supporting information?
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4 |
Supporting information
The social worker should:
- make decisions on whether to apply the special circumstance waiver based on the:
- evidence available, and
- circumstances of the individual case
- consider:
- the customer’s account of events, including inviting the customer to provide a statutory declaration where there is no evidence available
- information held on the customer’s record such as DOCs, partnered status, income and asset, vulnerability indicators, health conditions or specialist involvement
- readily available evidence provided by the customer. For example, bank statements, insurance claims, police and court documents, third-party information from support services (counsellors, doctors or accommodation providers)
The customer may be able to provide supporting information that is relevant to the debt period, however there is no requirement for the customer to do so. A debt can be waived without supporting information where the staff member is satisfied the customer has experienced a special circumstance.
See the References page for waiver of debt examples based on special circumstances and when additional supporting information may be appropriate to request.
When actioning an undetermined debt where the customer is not yet aware of the waiver consideration, staff should consider:
- if contact with the customer may cause them any further undue stress
- that it may be difficult for customers to access and provide documents
Social workers must consider if customer contact is necessary when there is sufficient information from other sources to support waiver. |
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5 |
Documentation
Where sufficient evidence is available on the record to support a special circumstances debt waiver recommendation, a report is not required. Go to Step 6.
Where evidence is not sufficient:
- consider if the customer can provide a statutory declaration or letter from a professional third party outlining special circumstances
- a social work report may be required if a customer's circumstances are complex or where evidence is limited
Note: consultation with a Payments and Integrity (P&I) social worker is available at any time. Staff can find a list of P&I social workers and their contact details by searching office code BSW in Office Locator.
If a report is undertaken, social workers should ask the customer if they can include all information in the special circumstances report. Tell the customer that the report:
- will be stored in SWIS, and
- will be shared with the delegate/decision maker
The Resources page has a link to the report template.
After completion of the template, cut and paste the sections of the report into the General SWIS report or use the SWRA.
If an Authorised Review Officer (ARO), service officer or debt officer initiated the recommendation, consider consulting with them about why they referred to social work and what special circumstances they have identified.
Does the customer qualify for the special circumstances debt waiver recommendation?
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6 |
Action the recommendation
Social workers are not the delegate for the decision. They must determine how to get the recommendation to the delegate for their action.
For recommendations initiated by an Authorised Review Officer (ARO), service officer or debt officer, discuss where to send the recommendation to have it actioned. It will often be sent back to the referring officer. Staff should base the special circumstances debt waiver on a social worker's recommendation.
For social workers actioning a debt waiver recommendation, complete a Fast Note to the relevant debt team:
- For most payments (AGE, AUS, CP/CA, DAP, DSP, JSP/NSA, FTB, PPL, PPP, PPS, PA, SA, SpB, WA, YA):
- use Fast Note - select Auto text, use Debts > Spec Circs Waiver > Social Work Special Circs Recommendation
- For FTB reconciliation or non-lodgement debts:
- use Fast Note - select Auto text, use Debts > Spec Circs Waiver > SWO FTB Reco Spec Circs Waiver
- For CCS reconciliation or non-lodgement debts:
- use Fast Note - select Auto text, use Debts > Spec Circs Waiver > SWO CCS Reco Special Circs Waiver
- For recommendations for other payments not listed above, use the relevant Fast Note located on the Resources page of Debt ownership to refer the recommendation to the relevant team
The service officer who picks up the Fast Note activity may not have delegation to action the waiver request. In this instance, they will refer to an APS5 or APS6, using the Direct Referral to SSO webform, or to an EL1 using local channels.
Note: do not include sensitive details in the Fast Note. Any sensitive information should be recorded in SWIS. Clearly state in the Fast Note if a special circumstances debt waiver report or SWIS case notes have been completed - this documentation can be provided to support the delegate's decision-making.
Procedure ends here. |
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7 |
Special circumstances debt waiver is not applicable
Tell the customer:
- that the debt does not need to be repaid in full in one payment
- that they can request a repayment plan (to be renegotiated every 3 months)
Consider recommending a temporary write off. This puts the debt recovery on hold, therefore delaying repayments, see Step 8.
Document the contact with the customer and the reasons why a special circumstances debt waiver is not recommended (for example, insufficient evidence or does not meet eligibility criteria).
For more information see:
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8 |
How to request a pause of debt recovery (a temporary Write-Off)
A social worker can recommend a temporary write-off by:
- Fast Note - select Auto text, use Debt Recovery > Debt Recovery Referrals > Debt Recovery Action Required, or
- calling Debt Recovery
A temporary write-off can be based on the social work assessment with no supporting evidence. Social workers can record sensitive information in SWIS case notes and the Fast Note should indicate this is where information is held. |