Exemptions from mutual obligation requirements for prison release customers 001-09020120

See Centrelink service standards and procedures for pre-release customers for specific claim and interview steps required for initial contact with these job seekers, prior to release.

Consider if the customer should be required to look for work:

Process Direct, for customers who:

• submit an online claim or a service officer has completed the Assisted Customer Claim (ACC) workflow, when in the claim transaction:
  • select > Participation Interview > Job seeker registration & provider referral information > Start job seeker registration
• are currently receiving a payment:
  • select Customer Summary from the Process Direct landing page
  • enter the customer's CRN, select Go
  • in the customer's record select > Participation Summary > Job seeker registration & provider referral information > Start job seeker registration

Checks and reviews:

• Assess the customer's current circumstances discussed during the assessment phase of the Participation Interview
• Review any information from the Job Seeker Snapshot responses
• Check information from Services Australia specialists and professional staff, and external providers

Decide if it is appropriate to grant an exemption from their mutual obligation requirements or approve an activity for the customer as fully meeting their requirements. For example, paid work or study for those who are:

• 55 years of age or older
• Principal Carers
• assessed as having a partial capacity to work of less than 30 hours
• receiving Carer Allowance

For guidance about this decision-making process, see approved activities for Job Plans and mutual obligation requirement exemptions.

Are standard mutual obligation requirements (job search) appropriate?

• Yes, the customer will be provider managed and must be referred to a provider through normal (RapidConnect) processes to negotiate appropriate activities in a Job Plan. Go to Step 2
• No, and:
  • the customer can have an alternative activity (for example, paid work or study) approved by Services Australia, see Approved activities included in Job Plans. Procedure ends here
  • an exemption may be granted, go to Step 3

Job Seeker Snapshot

The Job Seeker Snapshot should be updated at new claim unless the job seeker has an eligible reason selected.

For pre-release customers select 'Customer is a pre-release prisoner' reason within the Participation Interview.

Otherwise, run the Job Seeker Snapshot.

Employment Services Assessment (ESAt)

If the Job Seeker Snapshot flags an ESAt, consider if the customer:

• needs a new assessment of their work capacity
• can get access to suitable medical evidence to support an ESAt

See Determining when an Employment Services Assessment (ESAt) is required.

If a referral for an ESAt is required, tell the customer:

• the agency will consider the request and book an appointment if needed
• they must supply medical evidence (including prison medical records) within 14 calendar days, or the ESAt may not proceed
• more information about ESAts and how to prepare for their assessment is available at servicesaustralia.gov.au/esat

If a referral for an ESAt is not required, the ESAt flag should be manually removed. See Job Seeker Snapshot initiated Employment Services Assessment (ESAt) flags.

Note: some customers may have accessed employment services programs while they were incarcerated and already had an ESAt completed while in prison. A new ESAt is not required after the customer is released unless:

• there has been a significant change in their circumstances, and a new assessment of their work capacity is required, or
• the assessment was completed over 2 years ago, and a new assessment is required to determine their capacity to participate and eligibility for a referral to appropriate employment services

Registration with employment services provider as a job seeker

Pre-release prisoners who are not yet receiving an income support payment can be directly registered by a provider as a Fully Eligible Participant (FEP), where arrangements have been made for them to be released on licence to engage in paid work. These people will be referred by State and Territory government Departments of Corrective Services to an employment services provider for direct registration.

The level of employment provider services for pre-released prisoners referred to Workforce Australia providers will depend on their Job Seeker Snapshot. Service Officers should be aware of local organisations offering specialised assistance for job seekers and other people recently released from prison. Job seekers in this group will often benefit from a high level of ongoing support, particularly if it starts immediately or very soon after their release.

Remote job seekers in a RAES region can be referred to the RAES provider for that region for employment services prior to the grant of an income support payment.

Job seekers recently released from prison can be granted a Major Personal Crisis (MPC) exemption for 2 weeks. A longer period may be considered on a case by case basis. These customers generally find it difficult to focus on looking for work immediately after their release from prison, as most will need to sort out basic personal needs such as food, accommodation and clothing.

If the job seeker is:

• undertaking a Community Service Order, go to Step 4
• subject to a Supervision Order (also known as Extended Supervision Orders (ESOs)), go to Step 5
• released on a Drug Treatment Order and is required to participate in a Drug Court program, go to Step 6
• not subject to any other orders or restrictions, go to Step 7

Job seekers undertaking a Community Service Order (CSO) for more than 20 hours per week may be granted a CSO exemption for up to 13 weeks.

After the 13 week period, or CSO of less than 20 hours per week, the job seeker should be referred to an employment services provider (if appropriate). Any remaining part of the CSO must be undertaken together with job search.

The employment services provider will:

• consider the job seekers CSO
• determine the most appropriate level of participation required, and
• negotiate their job plan

Providers have the ability to reduce the job seekers minimum job search requirements and/or monthly points target.

Is the job seeker undertaking the first 13 weeks of a CSO of more than 20 hours/week?

• Yes. Code the CSO exemption, go to Step 7
• No, procedure ends here

Customers released under supervision orders (known as Extended Supervision Orders (ESOs) in Victoria and South Australia) may be granted a MPC exemption. These customers have strict conditions upon release from prison which may include:

• ongoing supervision
• restrictions on travel
• curfews
• electronic monitoring, and/or
• ongoing assessment processes

The requirements of these orders can significantly impact on the customer's ability to satisfy their mutual obligation requirements and can be in force for several years.

An MPC exemption should only be granted when a customer's circumstances make it unreasonable for them to meet any of their mutual obligation requirements. Before an exemption is granted, consideration should be given to adjusting or reducing a person's requirements.

Where the customer is Provider managed this is the responsibility of their employment services provider. Employment services providers are required to provide individually tailored support to meet the needs of each job seeker and may decide to reduce the job seekers minimum job search requirement and/or monthly points target.

Is the job seeker released under a Supervision Order/Extended Supervision Order?

• Yes, see below for Centrelink or Provider managed
• No, procedure ends here

If the job seeker is Centrelink managed or cannot satisfy their mutual obligation requirements due to the conditions of their Supervision Order:

• an exemption for up to 13 weeks should be granted. This can be extended as appropriate
• service officers should ensure a copy of the Supervision Order/Extended Supervision Order is scanned to the job seekers record
• tell the customer to contact Services Australia if they have a change in circumstance or their supervision order still applies when their exemption is due to expire. The job seeker will be issued an end of exemption letter 7 days before the expiry of their 'MPC' exemption end date
• record the 'MPC' exemption on the AEX screen, go to step 7

If the job seeker is Provider managed:

• tell the job seeker to discuss the conditions of their Supervision Order/Extended Supervision Order with their employment services provider
• their employment services provider will consider flexible mutual obligation requirements such as reducing the job seekers minimum job search requirements and/or monthly points target
• negotiate their Job Plan if appropriate
• if the employment services provider does not feel reducing mutual obligation requirements is appropriate the job seeker will be directed to request an exemption from mutual obligation requirements from Services Australia
• procedure ends here

In most cases, exemptions cannot be granted due to substance misuse. If a customer is released on a Drug Treatment Order and is required to participate in a Drug Court program, the job seeker will be connected with an appropriate employment service. Employment services providers will take into consideration their Drug Court program obligations and their ability to look for and take up suitable work or other activities.

Drug courts operate in NSW, QLD, SA, VIC and WA, although their formation, process and procedures differ across jurisdictions. The main aim of these courts is to divert illicit drug users from incarceration into treatment programs for their addiction.

Provider managed job seekers should be encouraged to discuss their drug treatment order with:

• their employment services provider (for those connected to provider led employment services), or
• Department of Employment and Workplace Relations (DEWR) Digital Services Contact Centre (for those connected to Workforce Australia Online)

Providers/DEWR will take this into account when negotiating the job seeker's mutual obligation requirements.

Note: from 1 July 2018, the substance misuse policy does not apply to Remote Australia Employment Service (RAES) participants. A job seeker may stop being a RAES participant while they have an exemption from their mutual obligation requirements. If the exemption was granted for a reason wholly or mainly caused by substance misuse, it will remain in place until the original exemption period ends. Any further exemptions will be determined under the new policy for people outside a RAES defined region.

Was the job seeker released on a Drug Treatment Order and participating in a Drug Court program?

• Yes and Provider managed:
  • not connected to a RAES provider, refer the job seeker to their employment services provider to discuss their Drug Court attendance requirements. Procedure ends here
  • connected to a RAES, go to step 7
• No, and the jobseeker is:
  • eligible for an MPC exemption following release, go to Step 7
  • not eligible for an MPC exemption following release. Procedure ends here

If a service officer is considering making updates to an existing or previous mutual obligation requirements exemption that was based on a recommendation by a specialist officer, they should normally consult with a specialist before taking any further action.

Job seekers can register as a voluntary job seeker with a Workforce Australia/RAES provider while an exemption is in place. This may be offered where early support from a provider may help reintegration. See Exempting a job seeker from mutual obligation requirements due to special circumstances.

To record an exemption in Process Direct:

• Key 'AEX' in the Super Key field, select Enter
• The Activity and Exemption Summary (AEX) will display
• Select
• Create Activity and Exemption Summary (AEX) will display
• Select the relevant exemption code (MPC - Major personal crisis OR CSO - Community Service Order) for the Activity Type
• Complete the Start date and End date fields, select Save
• Update the fields:
  • Receipt Date
  • Channel
  • Service Reason - if the system does not select a default Service Reason, select the most relevant Service Reason for the update
• Select Save
• Select Assess and address any errors/warnings
• Finalise the transaction by selecting Assess again, then select Finish. Record details of the update on the Finalise screen
• Select Finalise to complete the transaction
• Record details on a DOC detailing:
  • the reason for exemption
  • the dates of the exemption; and
  • any other information advised to the job seeker