Job seeker contacts to discuss non-compliance or circumstances impacting compliance 001-10040050

For information about behaviours a job seeker with a medical condition may present with and advice on effective customer service approaches, see Providing services to customers with disabilities.

When a job seeker has a significantly impacting barrier and/or vulnerability, PST-skilled staff should consider servicing approaches that will be appropriate for the job seeker’s circumstances.

Consultation with a specialist such as a social worker may assist PST-skilled staff to determine appropriate servicing.

When issues are identified and will likely have an ongoing impact on the job seeker’s ability to comply with their requirements, consider updating their circumstances impacting compliance. For more information, see Circumstances impacting job seeker compliance.

When conducting a compliance investigation for a job seeker who is significantly impacted by circumstances impacting compliance, Service Officers have the option to engage a third party, such as a correspondence nominee or a person authorised by the job seeker to support them during the discussion with PST.

The job seeker’s record may indicate a correspondence nominee arrangement is formally in place, see:

• Accepting information from nominees
• Disclosing information to third parties

Engaging the job seeker’s correspondence nominee or an authorised third party is appropriate if:

• the job seeker requests, or their presentation indicates that due to their circumstances they may have difficulty without support, and
• the correspondence nominee or authorised third party has enough understanding of the job seeker’s circumstances, including those relevant to the compliance action under investigation

When a correspondence nominee does not exist, a job seeker may request a third party, such as a partner, social worker or friend supports them during the compliance action investigation.

The job seeker must provide verbal consent to PST-skilled staff to discuss their circumstances with their authorised third party. PST-skilled staff must document consent of this contact on the job seeker’s record.

The job seeker must be present during the investigation into the compliance action with an authorised third party. This will make sure verbal notification is given directly to the job seeker.

In these circumstances, after conducting the investigation with the authorised third party, PST-skilled staff should:

• advise the job seeker of the details received from the third party and confirm these details with the job seeker
• advise the job seeker of the outcomes of the discussion, and
• notify the job seeker of any new requirements, for example, a re-engagement requirement

If possible, the job seeker should be present during a failure investigation conducted with the correspondence nominee. This helps to make sure:

• accurate information in relation to the circumstances of the compliance action under investigation is received, and
• the job seeker receives appropriate notification of any re-engagement requirements

A compliance investigation can only be completed without the job seeker present in exceptional circumstances. In these cases, the investigation can be completed with the correspondence nominee.

It is only an acceptable when:

• extenuating circumstances prevent the job seeker from representing themselves, and
• rejection of the outstanding compliance action is expected due to the job seeker’s situation

Examples when compliance action may need to be finalised with the assistance of a correspondence nominee includes, but is not limited to circumstances when a job seeker:

• is hospitalised with a serious medical condition, or
• has experienced a major personal crisis such as family and domestic violence

A discussion with the correspondence nominee should also occur to determine if re-engagement is the most appropriate course of action to take.

Note: compliance action must never be applied without allowing job seekers the opportunity to demonstrate reasonable excuse themselves.

PST-skilled staff should consider if a correspondence nominee would be appropriate when:

• a current correspondence nominee arrangement is not in place, and
• having a correspondence nominee would be beneficial to assist the job seeker with future contacts with Services Australia due to the impacts of a circumstance and/or vulnerability

If appropriate, PST-skilled staff can suggest the correspondence nominee option to job seekers. However, a referral to a specialist may be the most suitable channel for this to be explored.

In addition, PST-skilled staff can also consider recording a job seeker’s circumstances. For further information, see Circumstances impacting job seeker compliance.