Negotiating Job Plans for incapacitated persons 001-09100040

When negotiating a Job Plan, a Service Officer will need to take into consideration the work capacity of the job seeker.

This is contained in the Employment Services Assessment (ESAt) or Job Capacity Assessment (JCA) report.

A job seeker with an exemption from their mutual obligation requirements due to a temporary incapacity is not required to negotiate a Job Plan with the agency. However they may enter into a voluntary Job Plan with a provider if they volunteer for services during the period of their temporary incapacity exemption.

A job seeker who has been assessed as having a partial capacity to work (PCW) or temporary reduced work capacity (TRWC) of 0-14 hours per week, will have Quarterly Participation Interviews (QTI) requirement with Services Australia.

Job seekers who are granted a temporary incapacity exemption from their requirements can be required to:

• attend an interview with a Service Officer
• undergo a compulsory ESAt
• agree to a Job Plan when the temporary incapacity exemption ceases, or be referred to an employment services provider if required

Job seekers are not granted a temporary incapacity exemption from their mutual obligation requirements if they:

• have capacity for work of 8 or more hours per week at or above the relevant minimum wage in a job they could be reasonably expected to do (that is, they are required to satisfy their mutual obligation requirements), or
• are incapacitated for all work, but they have the ability to undertake a suitable requirement

These job seekers can be required to:

• attend an interview with the Service Officer
• enter into and agree to the job plan
• participate in any programs or requirements to which they have been referred

Note: psychiatric, psychological or medical treatment can only be a compulsory requirement if the job seeker agrees to it being included in their Job Plan.