Rejecting a compliance action 001-10040090

The key purpose of the job seeker compliance system is to encourage job seekers to meet their compulsory requirements and remain engaged with employment services.

The job seeker compliance system ensures, job seekers who:

• fail to meet their requirements without a reasonable excuse, are appropriately held to account for their actions
• have a good reason for not meeting their requirements are not penalised

All job seeker compliance decisions completed by Services Australia are evidence-based decisions and apply job seeker compliance policy and legislation in a consistent way.

All compliance actions will be rejected where:

• the non-compliance event did not occur, or
• the non-compliance event is invalid, or
• reasonable excuse and prior contact requirements (if required) were established

Note: Principal Carer Parents (PCP) or job seekers with an assessed Partial Capacity to Work (PCW), are not required to look for, accept or remain in work of more than 15 hours per week.

When a non-compliance event is reported, both the Employment Services System (ESS) and Services Australia system complete a validity check.

This validity check confirms the job seeker or participant was subject to compulsory requirements:

• on the non-compliance event date, and
• at the time the report is received

While a compliance investigation is pending, the Services Australia system continues to work in the background. When updates are made to the job seeker's record that mean a compliance investigation is no longer needed, the system will automatically reject and finalise compliance action when it can. For example, outstanding compliance investigations may be automatically finalised by the Services Australia system when:

• a backdated exemption from compulsory requirements is granted, or
• the job seeker's payment is suspended due to imprisonment

Participation Solutions Team (PST)-skilled staff with WNPPD or PFDEC security resources and service centre staff with UNPP security resources, are responsible for job seeker compliance decisions.

Decision makers must be sure any decision to reject a compliance action is evidence-based and impartial.

Only consider matters relevant to the compliance action during the investigation. What is relevant will depend on the:

• type of compliance action, and
• job seeker's circumstances directly impacting their ability to comply when the non-compliance occurred