Non-attendance or inappropriate conduct in a compulsory activity 001-10070080

This document outlines the policy and procedures that apply when a job seeker who is managed under the Targeted Compliance Framework fails to attend or satisfactorily participate in a compulsory activity.

Requirement to attend and satisfactorily participate in compulsory activities

Job seekers receiving a participation payment are required to attend and participate in compulsory activities to help prepare them for the workforce.

The job seeker's Job Plan sets out the compulsory activities they must attend and satisfactorily participate in.

Providers have responsibility for negotiating the compulsory activities included in the Job Plan with the job seeker. As part of this negotiation, job seekers should discuss with their provider any circumstances that have the potential to impact on their ability to participate.

When negotiating a Job Plan, the provider must ensure:

compulsory activities are consistent with relevant legislation and policies
compulsory activities do not exceed the maximum hourly limits set in social security law
the job seeker's circumstances and assessed capacity have been appropriately considered

Once the Job Plan is agreed to, the job seeker is expected to:

attend the activity on the scheduled days
be on time, and remain until the completion of the activity
satisfactorily participate in the activity
record own attendance, where required, and
contact before the start time if they are unable to attend

Job seekers who need to arrive late or leave early from an activity on a specific day should discuss this with their provider or the activity coordinator beforehand. If the job seeker had a reasonable excuse but failed to make prior contact to explain why they were unable to attend an activity, compliance action may still apply.

Requirement to record own attendance

Most job seekers with Workforce Australia or Workforce Australia Online are responsible for recording their own attendance at compulsory activities and appointments. Job seekers who are experiencing difficulties with recording their attendance should discuss this with their provider. If the provider has determined the job seeker is not capable of recording or reporting their own attendance, the provider is responsible for monitoring and recording the job seeker's attendance on a daily basis.

Where a job seeker who usually records their own attendance is unable to do so on a particular occasion (for example, due to an internet outage), they must contact their provider, or the Department Education, Skills and Employment's Digital Services Contact Centre (DSCC) if they are in Workforce Australia Online, before close of business on the day of the activity.

Attendance not scheduled on a specific day

When the job seeker fails to comply with a compulsory activity in the Job Plan, which does not require attendance on a specific day, a mutual obligation failure is committed at the end of that fortnight. For example, when the job seeker does not undertake their compulsory activity to do 20 hours of private study per fortnight a mutual obligation failure is committed.

Inappropriate conduct while participating in a compulsory activity

Job seekers are required to conduct themselves in an appropriate manner while participating in an activity.

When inappropriate conduct occurs while participating in a compulsory activity, the job seeker will be managed using Targeted Compliance Framework.

Misconduct or inappropriate conduct means failing to behave in accordance with the standards that would be expected in a workplace. This includes, but is not limited to:

not following reasonable instructions
being disruptive or uncooperative
behaving in a manner that is aggressive, violent or offensive
harassing other people
behaving in a manner that causes risk to the health and safety of themselves or other participants
being intoxicated or consuming intoxicants during the activity
behaving in a manner that may harm the reputation of the program

Generally, this type of behaviour is only considered inappropriate when serious in nature, deliberate and within the job seeker's control.

If Services Australia establishes the behaviour was not in the job seeker's control, free text is sent to the provider to ensure this can be considered for future servicing.

Managing non-compliance when a job seeker fails to attend or satisfactorily participate in a compulsory activity

When a job seeker fails to attend or satisfactorily participate in a compulsory activity, a mutual obligation failure has been committed. When a job seeker is required to record their own attendance but fails to do so, including when they attend but forget to record, a mutual obligation failure has also been committed.

Job seekers in the green or warning zone will accrue one demerit if the provider is not satisfied the job seeker has a valid reason for failing to attend or satisfactorily participate in a compulsory activity. When the provider is able to establish that the job seeker attended but failed to record their attendance, a demerit will not be applied.

Job seekers in the financial penalty zone will incur a financial penalty, unless:

their provider closes the Non-Compliance Report (NCR) because they are satisfied the job seeker has a valid reason
Services Australia conducts a compliance investigation and establishes that the job seeker has a reasonable excuse and prior contact was made or was unable to be made. Participation Solutions Team (PST) skilled Service Officers are responsible for conducting these compliance investigations