Services Australia’s responsibilities for managing compliance with compulsory requirements 001-10010020

Services Australia staff are responsible for ensuring job seekers are aware of their participation requirements and the consequences if they do not meet them, this includes:

• looking for all types of work
• reminding job seekers to ensure they tell their provider if they are unable to comply or if their circumstances change which may impact their ability to comply
• recording personal events in their electronic calendar so the provider is aware of any personal commitments when setting requirements
• participate in employment services and other activities based on their assessed capacity/circumstances
• contacting their provider if they are unable to meet a requirement before it starts
• be aware of what will happen if they do not comply with requirements, and
• to contact and re-connect with their provider as soon as possible if they miss a requirement

Services Australia staff may identify a job seeker has circumstances impacting their ability to meet their compulsory requirements. It is important where a circumstance is identified the job seeker's record is updated. The Circumstance impacting Compliance (CiC) page is used to record the circumstance and its impact. Updating a job seeker's record will help to ensure:

• the provider considers the job seeker circumstances when updating their Job Plan
• if non-compliance does occur, their circumstances will be considered during a failure investigation

Recording a job seeker circumstance can happen during any contact with a job seeker, including where:

• Participation Solution Team (PST) staff conduct a compliance investigation, Capability Assessment or Comprehensive Compliance Assessment (CCA)
• Social worker assistance is received
• Specialist officers such as Community Engagement Officers, Multicultural Services Officers or Indigenous Service Officers provide assistance to staff
• Prison Liaison Officers assist job seekers who are released from prison
• Services Australia staff assist a vulnerable job seeker who indicates ongoing circumstances are impacting their ability to comply

Note: PST staff must consult with a PST-skilled social worker where the job seeker presents with family and domestic violence or has a current Family relationships/Domestic violence circumstance recorded. See Accessing a PST-skilled social worker.

Job seekers who contact Services Australia about a participation related payment suspension, may need to contact either their provider or the PST about a compliance investigation.

Staff must check which compliance system applies to the job seeker, then:

• tell the job seeker to contact their provider, and/or
• transfer the job seeker to the PST if an outstanding failure requires investigation

Job seekers, who fail to meet a requirement and fail to re-engage with their provider within 29 days, will have their payment automatically cancelled.

All staff are responsible for generating an unemployment failure where there is evidence to suggest the job seeker is voluntarily unemployed or dismissed due to misconduct. Generation of the failure can occur when the job seeker is:

• claiming a participation payment, or
• in receipt of a participation payment

PST staff with either WNPPD security resource or a UNPP security resource investigate and determine unemployment failures.

PST staff conducting Capability Assessments may consult social workers or other Services Australia specialists during the assessment. For further information, see Social work role in the Participation Solutions Team (PST).

PST staff also investigate and determine reasonable excuse or misconduct for:

• work refusal failures
• unemployment failures
• mutual obligation failures for job seekers who are in the penalty zone

PST staff will tell job seekers the outcome of all Targeted Compliance Framework decisions, consequences of these decisions, and their review and appeal rights.

PST staff investigate and determine reasonable excuse or misconduct, whether generated by Services Australia, or via a Community Development Program (CDP) provider.

PST staff will:

• re-engage CDP participants to their provider where appropriate
• restore certain participation suspensions after a CDP participant accepts a reconnection requirement
• advise the job seeker of the outcome of decisions made by Services Australia, consequences of these decisions, and their review and appeal rights
• explain and apply serious failure waiver provisions, and schedule a waiver re-engagement appointments with CDP providers
• explain Unemployment Non-Payment Period (UNPP) hardship provisions
• implement Payment Pending Review (PPR) provisions if a UNPP or serious failure is applied and the CDP participant seeks a formal review by an Authorised Review Officer (ARO) or the Administrative Appeals Tribunal (AAT)

All staff are responsible for generating a UNPP for investigation where there is evidence to suggest the job seeker is voluntarily unemployed or dismissed due to misconduct. Generation of the failure can occur when the job seeker is:

• claiming a participation payment, or
• in receipt of a participation payment

PST staff are responsible for preparing for Comprehensive Compliance Assessments (CCA). PST staff who are also a SO5 or social workers conduct these assessments.