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Gathering and assessing evidence for a job seeker compliance investigation 001-10040130

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This document outlines information on how to use evidence to establish the facts which are relevant to a compliance investigation.

For Participation Solutions Team (PST) - skilled Service Officers (PFDEC or WNPPD) or service centre Service Officers (UNPP) only.

Evidence-based decisions

The aim of a job seeker compliance investigation is to determine if a financial penalty or the application of a failure should occur. These decisions must be evidenced-based decisions.

An evidence-based decision is the process of making the best decision possible, using all evidence relevant to the reported non-compliance event.

All job seeker compliance investigations include evidence from both the person who reported or generated the compliance action, and the job seeker. Additional evidence is required to reach a decision where the available evidence is unclear or inconsistent. To support a job seeker compliance decision, evidence obtained must be:

  • clear and/or consistent, and
  • enough to support a decision about what is most likely to have occurred

Responsibility for gathering and assessing evidence

Staff are responsible for:

  • identifying key facts relevant to the compliance action
  • giving the job seeker the opportunity to respond to compliance action under investigation, and asking if they have any information or evidence they would like considered
  • contacting the provider or relevant third parties where evidence from the job seeker differs from the reported compliance action
  • consulting with PST Virtual Support, a social worker, or other specialist officer, to clarify the impact of a job seeker's circumstance on their ability to comply, as supporting evidence to inform the decision
  • reaching a conclusion about what occurred, or, where conflicting evidence exists, what is more likely to have occurred

The Resources page contains information on types of evidence and common scenarios of how to assess evidence.

Assessing reasonable excuse for non-compliance with mutual obligation requirements

Circumstances impacting job seeker compliance

Targeted Compliance Framework

Job Seeker Compliance Framework

Conducting compliance investigations

Services Australia's responsibilities for managing compliance with compulsory requirements

Participation Compliance workflow

Rejecting a compliance action

Accessing a PST-skilled social worker