Sending free text to providers when compliance action finalised 001-10040100

PST staff are expected to record appropriate free text information for providers in the Compliance Investigation workflow, when:

• a non-compliance event is invalid due to insufficient evidence, insufficient documentation or an incorrect incident date
• a decision is made to reject a failure due to an inappropriate requirement or if a job is considered unsuitable. The provider is responsible for assessing whether a requirement is suitable prior to reporting a compliance action. However, in cases when a decision is made not to apply a failure for these reasons, sending free text will assist the provider to understand why
• the rejection reason code does not adequately detail the possibility of changes to future servicing needs for the job seeker
• the provider may need to review how they engage with the job seeker to reduce further non-compliance
• the rejection reason indicates the provider may need to review the job seeker's Job Plan

It is not appropriate to record:

• information that does not relate to the job seeker and the compliance action under consideration
• information that is biased or is not supported with evidence
• information that is incorrect or misleading, or
• sensitive personal information, for example, medical conditions, relationship history or personal financial history

Free text comments should:

• be relevant information for the provider to deliver assist the delivery of employment services to the job seeker
• be succinct
• be written in a professional manner, and
• be free from jargon

Free text must not include:

• special characters (for example, '<', '>', ':', '&' or ',')
• abbreviations, or
• acronyms

Special characters will not transfer appropriately to the Employment Services System (ESS).

The confidentiality provisions in section 202 of the Social Security (Administration) Act 1999, enable Service Officers to disclose information regarding a job seeker to the provider when disclosure is determined as appropriate employment servicing.

Personal information that Services Australia discloses to a provider in order for them to perform their duties is considered protected information. What the provider does with this information is also protected by the Social Security (Administration) Act, 1999.

PST staff are not required to obtain the job seeker's express consent to release information to the provider, however, it may be appropriate to:

• encourage the job seeker to discuss their personal circumstance with their provider, and
• determine the level of personal information to disclose to the provider

When a job seeker states they do not want any personal information to be disclosed to their provider, PST staff must determine if the release of this information is or is not essential for the provider to deliver employment services.

In some cases, personal information disclosed by the job seeker will not impact the delivery of employment services. The details of this information should not be disclosed to their provider.

General advice relating to the reason for rejecting a failure may still need to be provided.

PST staff should explain to the job seeker the reason for disclosing information to their provider is to assist the provider to deliver employment servicing to them.

Consideration should also be given to updating the Job Seeker Snapshot and/or reviewing other suitable referrals.

A provider may be aware that a failure will not be applied when:

• the provider has contacted to withdraw a Provider Report, or
• PST staff have contacted the provider to discuss the non-compliance event

In these cases, PST staff must still record a succinct summary of any identified issues that affect the job seeker's capacity to meet requirements or that will assist the provider to deliver services.