Not meeting points target or job search requirements 001-10070110

Job seekers who are receiving a participation payment are required to actively seek and be willing to accept any offers of suitable work.

For job seekers with mutual obligation requirements, the Job Plan will record what the job seeker must do to satisfy those requirements under social security law.

The monthly points target only applies to job seekers who have a Workforce Australia provider, including Workforce Australia Online.

Where appropriate, Community Development Program (CDP) and Disability Employment Services (DES) Job Plans include a requirement to undertake and report a specified number of job searches each month.

Workforce Australia Job Plans include a Points Based Activation System (PBAS) requirement, which requires job seekers to meet a specified monthly points target and, in most cases the point target includes, a minimum job search requirement. The monthly points target and minimum job search requirement is set by the provider, based on a participant's individual circumstances and local labour market.

The job seeker's Job Plan will specify that the job seeker must meet their monthly points target. It will not include the number of points the job seeker is required to get or the number of job search efforts required. The points target can be achieved through a variety of work-related activities. By default, a job seeker's standard points target is set at 100 points. Only Providers or the Digital Services Contact Centre (DSCC) can tailor the points target, in consultation with the job seeker.

Note: it will not be possible for job seekers with a minimum job search requirement to meet their points target if they do not meet their minimum job search requirements for the same points period.

Community Development Program (CDP) and Disability Employment Services (DES) Job Plans cannot contain a requirement to meet a monthly points target. Where appropriate, CDP and DES Job Plans include a requirement to undertake and report a specified number of job searches each month. The inclusion of job search requirements in a CDP Job Plan is dependent on the strength of the local labour market.

A compulsory job search requirement includes the:

• number of job searches that must be undertaken each month, and
• the date each month the job seeker is required to provide evidence they have met this requirement

When setting the number of compulsory job searches the job seeker is required to do per month, the provider considers:

• social security law
• guidelines provided by the Department of Employment and Workplace Relations
• the job seeker's circumstances and assessed capacity, and
• the strength of the local labour market (this is particularly relevant in CDP regions)

The provider is responsible for notifying them how and when they are to report their job search efforts to them. Job seekers are required to provide evidence they have met their job search requirement to their provider by the due date. If the date falls on a weekend or public holiday, job seekers will have until close of business the following working day.

All job seekers are required to act on a job referral or job opportunity.

Their provider notifies specific job referrals or opportunities the job seeker is required to act on. Notification includes the timeframe in which the job seeker is required to act on the specific job referral or opportunity.

If a job seeker is having difficulties following up a specific job referral or opportunity the provider has notified, they must contact their provider to discuss this as soon as possible.

Under the Targeted Compliance Framework, a mutual obligation failure has been committed when:

• a job seeker fails to meet their monthly points target (Workforce Australia job seekers)
• job search efforts are unsatisfactory (Disability Employment Services (DES) job seekers)
• the job seeker fails to act on a job referral or opportunity (Workforce Australia and DES job seekers)

Job seekers in the green or warning zone, will accrue the following demerits if the provider is not satisfied the job seeker has a valid reason:

• one demerit for failing to meet a monthly points target (Workforce Australia job seekers)
• one demerit for unsatisfactory job search (DES job seekers)
• failing to satisfactorily act on a job referral or job opportunity will fast track the job seeker to the next assessment point (Capability Interview or Capability Assessment), regardless of the number of demerits they have accrued

If a job seeker is in the penalty zone, and their provider is not satisfied the job seeker has a valid reason, the provider will generate the following mutual obligation failure investigations:

• Failure to comply with other requirement - for Workforce Australia job seekers who do not meet their points target.
  Note: the provider report will specify that the failure is for not meeting the monthly points target
• Did not act on job referral - for Workforce Australia and DES job seekers who fail to act on a job referral
• Failure to meet job search requirement - for DES job seekers who do not meet their job search requirement

A Participation Solutions Team (PST)-skilled Service Officer will investigate the compliance action and a failure will be applied if the job seeker does not provide a reasonable excuse or misconduct has occurred.

Consideration must be given to what constitutes a 'reasonable excuse' where the failure covers a longer period, such as a failure for not meeting their monthly points target or not meeting job search requirements.

Examples of a reasonable excuse that may be applicable for extended durations include, but are not limited to:

• local natural disaster
• bereavement
• family or caring responsibilities
• homelessness or unstable accommodation

See Mutual obligation failures under the Targeted Compliance Framework for more information.

Under the Job Seeker Compliance Framework, a Community Development Program (CDP) provider may choose to manage failure to meet job search by submitting a Participation Report to Services Australia.

On receipt of the Participation Report:

• a connection failure will be generated, and
• the CDP participant will be sent a notification advising them to contact the Participation Solutions Team (PST) as soon as possible to discuss the non-compliance event

A PST-skilled Service Officer will investigate the compliance action and if the CDP participant does not provide a reasonable excuse for failing to provide suitable job search efforts, a connection failure will be applied.

Consideration must be given to what constitutes a 'reasonable excuse' where the failure covers a longer period, such as a failure for not meeting their job search requirements.

Examples of a reasonable excuse that may be applicable for extended durations include, but are not limited to:

• local natural disaster
• bereavement
• family or caring responsibilities
• homelessness or unstable accommodation

See Investigating a connection failure for more information.