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Job Seeker Compliance Framework 001-10000000



This document outlines information for when a Community Development Program (CDP) job seeker receiving a participation payment becomes disengaged from their mutual obligation requirements.

Key Objective

The key objective of the Job Seeker Compliance Framework is ensuring CDP job seekers comply with their mutual obligation requirements. The Job Seeker Compliance Framework also has a number of safety nets built in to protect vulnerable CDP job seekers from incurring penalties for circumstances beyond their control.

Key principles

The following key principles underpin the Job Seeker Compliance Framework:

  • a focus on participation and maintaining CDP job seeker engagement with employment services
  • developing work like behaviours, and
  • ensuring penalties are only imposed for failures within a CDP job seekers control

All CDP job seekers receiving a participation payment are expected to comply with reasonable requirements.

Service delivery responsibility

Both Services Australia and CDP providers have responsibility for monitoring CDP job seeker engagement with mutual obligation requirements.

CDP providers are responsible for actioning Non-Attendance Reports (NAR), including issuing reconnection notices, recording appropriate outcomes within the On-line Diary in a timely manner, and submitting Participation Reports or Provider Attendance Reports where they consider an investigation of a non-compliance event by Services Australia is required.

Services Australia is responsible for determining whether a connection, non-attendance, reconnection, No Show, No Pay or serious failure has occurred or an Unemployment Non-Payment Period (UNPP) will be applied.

Key messages for CDP job seekers reinforced at every participation related contact

The importance of complying with mutual obligation requirements and the consequences of not doing so should be reinforced with CDP job seekers at every participation related contact.

This includes reminding CDP job seekers:

  • 'If you have compulsory mutual obligation requirements, you are required to meet these to remain eligible for payment'
  • 'If you are unable to attend an appointment you must contact the organisation that you have the appointment with as soon as possible to advise why you are unable to attend'
  • 'If you do not attend an appointment and you have not contacted beforehand, your payment may be reduced or stopped, even if you had a good reason for not being able to attend'
  • 'If you fail to attend, or behave inappropriately at a job interview, your payment may be reduced or stopped'
  • 'If you are found to have been persistently not meeting your requirements, or refused a suitable job, your payment may stop for up to 8 weeks'
  • 'If you become voluntarily unemployed without a good reason or are dismissed from your job due to misconduct, you may not be paid for 8 weeks, or up to 12 weeks if you have received relocation assistance through an Employment Services Provider'

Contents

Compliance action initiated by Community Development Program (CDP) providers

Reviewing and validating Community Development Program (CDP) Provider Reports

Using participation suspensions to engage Community Development Program (CDP) job seekers with their requirements

Restoring payment where a payment suspension (participation) has been imposed for Community Development Program (CDP) participants

Re-engaging to a Community Development Program (CDP) provider

Finalising Community Development Program (CDP) re-engagement requirements

Cancellation of payment after a compliance related suspension

Investigating a No Show, No Pay failure

Investigating a connection failure

Investigating a non-attendance failure

Investigating a reconnection failure

Persistent non-compliance for Community Development Program (CDP) job seekers

Generating and preparing for a Comprehensive Compliance Assessment (CCA)

Completing a Comprehensive Compliance Assessment (CCA)

Assessing a serious failure for refusing or failing to accept a suitable job offer

Job Seeker Compliance Framework waiver and hardship provisions

Waiving a serious failure period

Serious failure hardship provisions

Reinstating a serious failure period where re-engagement appointment not attended

Unemployment due to a voluntary act or misconduct

Reconnection failure penalties

No Show, No Pay failure penalties

Serious failure penalties

Determining failure hierarchy where there are multiple failures

Calculating the effect of Job Seeker Compliance Framework failure penalties on fortnightly instalments

Manually adjusting non-payment period start and end dates

Non-attendance failure penalties

Participation and serious failures for students, trainees and Australian Apprentices