Non-attendance or inappropriate conduct in a compulsory provider managed appointment 001-10070150

Job seekers receiving a participation payment are expected to attend and participate in compulsory appointments arranged by their provider.

This expectation applies to both provider appointments and third party appointments arranged by the provider.

The provider has responsibility for ensuring the job seeker receives proper notification and reasonable notice of compulsory appointments.

Attending a compulsory appointment includes the following requirements:

• be punctual for the appointment and remain until the completion of the appointment
• satisfactorily participate during the appointment

When a job seeker fails to attend a compulsory appointment or act in an appropriate manner while at a compulsory appointment, this is managed using the relevant job seeker compliance system.

Job seekers who are unable to attend an appointment are required to notify their provider, wherever possible, why they are unable to attend prior to the scheduled appointment start time.

When the job seeker fails to comply with the requirement to make prior contact, a financial penalty may apply even if the job seeker had a reasonable excuse for their non-attendance.

Job seekers are required to behave in an appropriate manner while attending an appointment. When inappropriate behaviour occurs while attending an appointment, this is managed using the relevant job seeker compliance system.

Behaving inappropriately means failing to behave in accordance with the standards that would be commonly expected. 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 on the premises
• behaving in a manner that causes risk to the health and safety of themselves or others
• being intoxicated or consuming intoxicants during the appointment

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

When a provider reports inappropriate conduct, and Services Australia establish during a compliance investigation that 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.

Under the Targeted Compliance Framework, when a job seeker fails to attend, is not punctual or behaves inappropriately at a compulsory appointment, a mutual obligation failure has been committed.

When a job seeker has been notified that they are required to record their attendance at a third party appointment and does not do so, a mutual obligation failure has been committed.

When providers report that a mutual obligation failure has been committed, the job seeker's participation payments may be suspended. Where payment is suspended, Services Australia will lift the payment suspension when the provider electronically notifies that the conditions for lifting the suspension have been met. Participation payments are cancelled if the reconnection requirement is not met within four weeks.

Job seekers in the warning zone will accrue a demerit if the provider:

• is not satisfied the job seeker has a valid reason for failing to attend, and
• is not satisfied the job seeker has a valid reason for not making prior contact, or
• determines that misconduct has occurred and the behaviour was within the job seeker's control

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

• their provider closes the Non-Compliance Report on contact with the job seeker to discuss their non-attendance because they are satisfied the job seeker has a valid reason, or
• the job seeker satisfies Services Australia during a compliance investigation that:
• they had reasonable excuse for failing to attend and for failing to make prior contact, or
• the inappropriate behaviour was not within their control

Under the Job Seeker Compliance Framework, non-attendance at an appointment arranged with or by a Community Development Program (CDP) provider is managed in various ways. The action taken is based on agreed processes, policy, and legislation for each type of appointment.

Appointment is with the CDP provider

When a CDP participant does not attend an appointment with their CDP provider, or contact prior to explain why they are unable to attend, their provider may submit:

• a Non-Attendance Report (NAR), or
• a NAR and a Provider Appointment Report (PAR)

A valid NAR will result in the suspension of the CDP participant's payment 'Non-attendance report received' (ANR). Payment will remain suspended until the CDP participant:

• attends a re-engagement appointment, or
• the provider determines the CDP participant is not required to re-engage

A valid PAR will result in a compliance failure for investigation by Services Australia. The type of failure generated from a PAR will depend on the type of appointment the CDP participant did not attend:

• failure to attend a 'regular' appointment will result in a non-attendance failure
• failure to attend an appointment that was a reconnection requirement will result in a reconnection failure

Appointment is with a third party

Under the CDP Job Seeker Compliance Framework, a provider may choose to manage failure to attend a compulsory appointment they have arranged for a CDP participant with a third party by submitting a Participation Report to Services Australia.

Upon 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

PST-skilled staff will investigate the compliance action and if the CDP participant does not provide a reasonable excuse for failing to attend a third party appointment, a connection failure will be applied.