Job seeker compliance for job seekers affected by a natural disaster, declared emergency or other significant event 001-10040020

Staff assisting job seekers with outstanding compliance action are expected to display an appropriate level of sensitivity and discretion when a job seeker has been significantly affected by a natural disaster, declared emergency or other significant event and/or is assisting with a recovery effort through a registered organisation.

A similar level of sensitivity is required when a location is affected by a significant event, for example, severe weather, or local matters but a formal emergency declaration has not been made.

Staff should consider a referral to external support services and social work crisis intervention where appropriate.

Job seekers are required to meet compulsory requirements in return for receiving a participation payment.

A natural disaster, declared emergency, or other significant event may affect a job seeker's capacity to meet their compulsory requirements, including the requirement for prior contact to advise of an inability to attend. An exemption from mutual obligation requirements may be appropriate.

Staff can check whether the disaster, emergency or other significant event is listed as a current event. For more information, see:

• Emergency management events
• Indigenous Community Events page (see the Resources page for a link)

The Department of Employment and Workplace Relations (DEWR) and/or the National Indigenous Australians Agency (NIAA) may pause mutual obligation requirements for Targeted Compliance Framework (TCF) and Community Development Program (CDP) job seekers respectively when impacts are more widely spread. When this occurs, Services Australia is notified of any action to be taken.

Targeted Compliance Framework (TCF) job seekers

Where DEWR decides to pause mutual obligation requirements for a location or region, the following actions are generally implemented:

• Participation reports for non-compliance are automatically finalised if contact with the job seeker has not occurred
• If a job seeker contacts Services Australia during the pause period and there is:
• an outstanding mutual obligation failure on their record, it must be rejected regardless of the incident date
• an outstanding work refusal failure or unemployment failure on their record (including at new claim), it must be rejected regardless of the incident date
• an outstanding Capability Assessment on their record, it must be actioned via usual processes

Community Development Program (CDP) participants

Where a pause to mutual obligation has been applied in a CDP region or community, the NIAA will direct CDP providers and Services Australia to undertake appropriate actions. These generally include:

• NIAA instructing CDP providers in impacted regions or communities not to submit any Provider Reports for non-compliance during the pause of mutual obligation requirements period
• CDP participants are not required to attend face-to-face appointments with their provider (appointments may be conducted over the phone)
• DEWR automatically lifts all outstanding Non-Attendance Reports (NAR), which will restore suspended payments
• If a job seeker contacts Services Australia during the pause period and there is:
• an outstanding Comprehensive Compliance Assessment (CCA) on their record, finalise without penalty regardless of the incident date and without conducting the CCA with the job seeker
• an outstanding Serious Failure (SFA) or Unemployment Non-Payment Period (UNPP) on their record (including at new claim), it must be rejected regardless of the incident date
• The following penalties that were previously applied and are currently being served (or have a future start date) must be ended/waived:
• serious failure periods
• penalties applied due to a reconnection failure, or non-attendance failure

Note: when a formal pause of mutual obligation requirements is advised, Participation Solutions Team (PST) staff must refer to operational messaging associated with the relevant event. See the Operational Blueprint Communication Hub.

PST staff investigating compliance action must use their discretion and consider how the natural disaster, declared emergency or other significant event has affected the job seeker's capacity to meet their compulsory requirements. Factors may include, but are not limited to:

• how the job seeker was personally affected
• impacts on their primary residence or action the job seeker needed to take to make their property safe
• transport and accessibility issues in the area
• impacts on care arrangements for children
• impacts on communication networks
• involvement in a recovery effort through a registered organisation, or
• effect of the disaster, declared emergency or other significant event on their provider or the location of a requirement

In some cases, a serious event may be localised or still developing and may not be listed on Emergency management events or the Indigenous Community Events page (see the Resources page for a link).

If a job seeker claims to have been affected by a natural disaster, local emergency or other significant event that is not listed, staff are expected to use their discretion to:

• decide how much weight to give to the job seeker's statement. Staff may use other sources to verify the job seeker's statements. For example, local knowledge, or contacting the provider. The source needs to be documented if it is used to make a decision
• consider how the natural disaster, local emergency or other significant event has affected the job seeker's capacity to meet their compulsory requirements