Refusing or failing to accept a suitable job offer 001-10100000

Fully capable Job seekers who are of working age are able to access a participation payment while they are looking for work. In order to receive the payment, a job seeker or participant must meet their mutual obligation requirements.

Job seekers except ParentsNext participants, are required to actively seek work and accept any offer of suitable paid employment in a variety of fields. Job seekers who accept a suitable offer of employment are expected to commence this employment.

Where a job seeker is not meeting mutual obligation requirements and/or is not genuine in their efforts to find work, they may be subject to financial penalties or have to wait for a period of time before payment is payable.

A failure cannot be applied if the employment is deemed unsuitable for the job seeker or they have a reasonable excuse for refusing, or failing to accept the job offer.

Where a job seeker refuses, fails to accept or does not commence suitable work without a reasonable excuse, Services Australia is required to apply the relevant legislation in the investigation of any non-compliance.

The consequence for this compliance event depends on which job seeker compliance system is appropriate.

Under the Targeted Compliance Framework a work refusal failure has been committed:

• if a reasonable excuse is not established for the work refusal failure
• the job seeker's payment will be cancelled and a post cancellation non-payment period affects the start date for a participation payment if they reclaim within 4 weeks

Under the Job Seeker Compliance Framework:

• a serious failure has occurred, and
• the participant is required to serve an 8 week serious failure period during which a participation payment is not payable

Note: ParentsNext participants are not subject to compliance action where they refuse, or fail to accept, a suitable offer of employment.

Where a provider identifies a job seeker refused, failed to accept or did not commence work as planned, the provider is required to talk with the job seeker, assess whether the work was suitable and decide if they have a valid reason for refusing the job offer.

The provider electronically notifies Services Australia where they are satisfied that a non-compliance event occurred without valid reason.

When compliance action is generated Services Australia are responsible for determining if a failure has been committed.

Participation Solutions Team (PST)-skilled Service Officers are responsible for undertaking the compliance investigation and determining if a failure has been committed.

The investigation will focus on the matters that are relevant to making an evidence-based decision that is in line with the legislative framework and policy intent.

If the job seeker is managed under:

• Targeted Compliance Framework, see Work refusal failures
• Job Seeker Compliance Framework, see Assessing a serious failure for refusing to accept or failing to start a suitable job

Under Mutual obligation requirements for Special Benefit (SpB), compliance action may be applied where a SpB (NVH) job seeker refuses, or fails to accept or commence suitable work.