Investigating a reconnection failure 001-10070060

A reconnection failure is generated when a Community Development Program (CDP) job seeker fails to comply with a reconnection requirement.

Reconnection failures ensure CDP job seekers who intentionally fail to re-engage with their mutual obligation requirements are subject to an appropriate financial penalty. A reconnection requirement is set when a CDP job seeker has already failed to meet a requirement. Where a CDP job seeker fails to re-engage without reasonable excuse and does not meet prior contact provisions, a penalty may be applied. The penalty will start from the date of the reconnection requirement until the job seeker re-engages, or is no longer required to do so.

A reconnection requirement is notified when a Community Development Program (CDP) job seeker fails to comply with a compulsory requirement. A further reconnection requirement is notified following non-compliance with a reconnection requirement. In all cases, the requirement is attendance at a CDP provider appointment.

Reconnection and further reconnection requirements relating to non-attendance at Community Development Program (CDP) provider appointments are managed using the Non-attendance Report (NAR) process and are notified by the CDP job seeker's provider.

All other reconnection requirements and further reconnection requirements for CDP job seekers are notified by Services Australia.

Services Australia or the provider generally give notification verbally, this means no copy of an advice will be available. However, a record of the conversation must be documented to identify the date and method used for issuing this notification.

When investigating a reconnection failure, Service Officers should generally accept that suitable notice was given for the reconnection or further reconnection requirement based on the notification record attached to the NAR or on the Re-engagement screen in the Compliance Investigation workflow where Services Australia were responsible for the notification. Further investigation will only be required if the CDP job seeker disputes this notification.

A reconnection failure may be generated, and require investigation if a CDP job seeker does not comply with a reconnection requirement or further reconnection requirement issued as a result of a Non-Attendance Report (NAR), connection or No Show, No Pay failure.

The provider may pursue compliance action by submitting a NAR to suspend payment and re-engage the CDP job seeker and a Provider Appointment Report (PAR) to instigate investigation of a reconnection failure by Services Australia.

Once a reconnection failure has been generated, it is forwarded to PST for investigation.

Reconnection failure investigations must include:

• consideration of the Community Development Program (CDP) job seeker's reasons for not meeting their requirements
• identification of personal factors that significantly and directly affected the CDP job seeker's capacity to comply at the time of the requirement, and
• assessment of whether the CDP job seeker had reasonable excuse for their actions

As the reconnection failure relates to non-attendance at an appointment, reasonable excuse may only be established if the CDP job seeker has a good reason for not attending and they contacted prior to the appointment start time to advise of their inability to attend (where it was possible and reasonable to expect them to do so).

Responsibilities for PST-skilled Service Officers investigating reconnection failures:

• establishing contact with the Community Development Program (CDP) job seeker
• confirming the validity of the failure
• considering any provider requests made to withdraw a failure, which could include:
• a change to the future validity, or
• further information that supports the assessment of reasonable excuse
• investigating the circumstances that led to the failure
• providing the CDP job seeker with the opportunity to explain what occurred and gathering information and weighing evidence to establish the facts relevant to the case
• identifying barriers and personal factors that directly and significantly impact the CDP job seeker's capacity to comply with the requirement
• recording the reason that best summarises the CDP job seeker's explanation for non-attendance at their requirement
• assessing whether the CDP job seeker had a reasonable excuse for non-compliance
• assessing whether the CDP job seeker made prior contact to advise of an ability to attend or any circumstances that prevented this from occurring
• making the decision to apply or reject the reconnection failure
• determining if an existing reconnection failure period should be ended

Note: a PST-skilled Service Officer must consult with a PST-skilled Social Worker where the job seeker presents with family and domestic violence or has a current Family relationships/Domestic violence circumstance recorded. See Accessing a PST-Skilled social worker.

The investigation of the failure and the failure decision must be documented in the Participation Compliance Hub.