Determining failure hierarchy when there are multiple failures 001-10120040

A UNPP may occur either while a Community Development Program (CDP) job seeker is receiving a participation payment, or as a result of an event that occurred:

• in the 8 weeks prior to claiming a participation payment or
• in the 12 weeks prior to claim when the CDP job seeker received relocation assistance in the previous 6 months

CDP job seekers who are serving a UNPP do not have compulsory mutual obligation requirements. Therefore, while a CDP job seeker is serving an UNPP they cannot incur:

• connection failures
• non-attendance failures
• reconnection failures
• No Show, No Pay failures, or
• serious failures

A Non-Attendance Report (NAR) is also not valid during a UNPP and is automatically rejected by the system.

When a CDP job seeker has appealed the decision to apply a UNPP and is receiving Payment Pending Review (PPR), they may incur connection, reconnection, No Show, No Pay, non-attendance failures or serious failures.

When a CDP job seeker has had their payments reinstated during a UNPP due to hardship, they can incur all failure types.

For further information, see Unemployment due to a voluntary act or misconduct.

A Community Development Program (CDP) job seeker may only incur a serious failure if the serious failure event occurs while they are currently receiving a participation payment.

A CDP job seeker may incur an Unemployment Non-Payment Period (UNPP) during a serious failure period.

While serving a serious failure period a CDP job seeker is not subject to compulsory mutual obligation requirements and, therefore, cannot incur:

• connection failures
• reconnection failures
• non-attendance failures
• No Show, No Pay failures, or
• another serious failure

A Non-Attendance Report (NAR) is also not valid during a serious failure period.

When a CDP job seeker has appealed the decision to apply a serious failure and is receiving Payment Pending Review (PPR), they may incur connection, reconnection, No Show, No Pay, non-attendance failures or another serious failure.

When a serious failure period has been waived because the CDP job seeker has agreed to participate in a Compliance Activity or under hardship provisions, the CDP job seeker may incur connection, reconnection, No Show, No Pay, non-attendance failures or a serious failure as a result of refusing suitable work.

Note: failures applied whilst the CDP job seeker was undertaking a Compliance Activity can be taken into consideration for a new determination on persistent non-compliance.

For further information, see:

• Assessing a serious failure for refusing to accept or failing to start a suitable job
• Persistent non-compliance for Community Development Programme (CDP) job seekers

A Community Development Program (CDP) job seeker may only incur a connection failure if the connection failure event occurs while they are currently receiving a participation payment.

A CDP job seeker cannot incur a connection failure if the connection failure event:

• occurs while the CDP job seeker is serving an Unemployment Non-Payment Period (UNPP)
• occurs while the CDP job seeker is currently serving a serious failure period
• occurs while the CDP job seeker is in a reconnection failure period for another failure sequence
• occurs while the CDP job seeker is in a non-attendance failure period for another failure sequence, or
• occurred either prior to, or after the trigger of either an automatic or manual Comprehensive Compliance Assessment (CCA)

A connection failure may occur when:

• a connection failure event occurs during a period the CDP job seeker is receiving nil payment due to the recovery of a previous penalty amount
• the connection failure incident occurred on the same incident date of a No Show, No pay or serious failure or Unemployment Non-Payment Period
• a serious failure period has been permanently waived because the CDP job seeker is participating in a Compliance Activity

A Community Development Program (CDP) job seeker may only incur a reconnection failure with penalty when a:

• connection failure has been applied in the same failure sequence, or
• a valid suspension failure, or
• Non-Attendance Report (NAR) exists in the same failure sequence, and
• the CDP job seeker was receiving a participation payment when the reconnection failure event occurred

A reconnection failure period commences from the date of the reconnection requirement.

A CDP job seeker cannot incur a reconnection failure if the reconnection failure event:

• occurs while the CDP job seeker is serving an Unemployment Non-Payment Period (UNPP)
• occurs while the CDP job seeker is currently serving a serious failure period
• occurs while the CDP job seeker is in a non-attendance failure period for another failure sequence that has occurred prior to the reconnection failure event date
• occurs while the CDP job seeker is in a reconnection failure period for another failure sequence, or
• occurred either prior to, or after the trigger of either an automatic or manual Comprehensive Compliance Assessment (CCA)

During a reconnection failure period:

• a NAR can be submitted if it is related to the current failure sequence
• a further reconnection failure related to the current sequence may occur
• a No Show, No Pay failure or connection failure cannot be applied when the incident of non-compliance occurs during a reconnection failure period

A reconnection failure event may occur during a period the CDP job seeker is receiving nil payment due to the recovery of a previous penalty amount.

A CDP job seeker can have a non-attendance failure, a reconnection failure and a No Show, No Pay failure in the same instalment period.

A Community Development Program (CDP) job seeker may only incur a non-attendance failure when a:

• CDP job seeker was receiving a participation payment when the non-attendance failure event occurred
• Non-Attendance report (NAR) exists for the same non-attendance event, and
• the provider has successfully contacted the CDP job seeker to discuss the reasons for the missed appointment

A non-attendance failure period commences from the date the CDP job seeker is formally advised by their provider their participation payment is no longer payable due to the missed appointment, and the non-attendance failure penalty period ends the day before the scheduled reconnection appointment or when an appointment was booked greater than 2 working days from the day prior to the date the new appointment was booked.

A CDP job seeker cannot incur a non-attendance failure if:

• a NAR, for the same non-attendance event, has not been submitted
• the CDP job seeker is re-engaged the same day as the intended submission of the PAR. In these cases a penalty could not exist
• the provider has not discussed the non-attendance with the CDP job seeker
• occurs while the CDP job seeker is serving an Unemployment Non-Payment Period (UNPP)
• occurs while the CDP job seeker is currently serving a serious failure period
• occurs while the CDP job seeker is in a reconnection failure period for another failure sequence with an event date prior to the non-attendance failure event date, or
• occurred either prior to, or after the trigger of either an automatic or manual Comprehensive Compliance Assessment (CCA)

During a non-attendance failure period:

• a NAR can be submitted if it is related to the current failure sequence
• a further reconnection failure can be submitted if it is related to the current sequence may occur
• a No Show, No Pay failure or connection failure cannot be applied when the incident of non-compliance occurs during the non-attendance failure period

A non-attendance failure event may occur during a period the CDP job seeker is receiving nil payment due to the recovery of a previous penalty amount.

A CDP job seeker can have a non-attendance failure, a reconnection failure and a No Show, No Pay failure in the same instalment period.

A Community Development Program (CDP) job seeker may only incur a No Show, No Pay failure when the CDP job seeker was receiving a participation payment when the failure event occurred.

A CDP job seeker cannot incur a No Show, No Pay failure if the failure event:

• occurs while the CDP job seeker is serving an Unemployment Non-Payment Period (UNPP)
• occurs while the CDP job seeker is currently serving a serious failure period
• occurs while the CDP job seeker is in a reconnection failure period
• occurs while the CDP job seeker is in a non-attendance failure period
• occurred either prior to, or after the trigger of either an automatic or manual Comprehensive Compliance Assessment (CCA)

A No Show, No Pay failure may occur when:

• a failure event occurs during a period the CDP job seeker is receiving nil payment due to the recovery of a previous penalty amount
• a serious failure period has been permanently waived because the CDP job seeker is participating in a Compliance Activity

A CCA can be triggered by either Services Australia or the Community Development Program (CDP) job seeker's provider while a CDP job seeker is currently receiving a participation payment.

When a CCA is manually triggered, a serious failure for persistent non-compliance can only be applied if the CDP job seeker has any 3 applied failures (connection, reconnection, non-attendance failure or No Show, No Pay - any combination):

• in the current Serious Failure Assessment period, or
• since the end of a serious failure for persistent non-compliance being applied

When a CCA is outstanding, no further CCAs can be generated.

When a CDP job seeker is undertaking a Compliance Activity a manual CCA should only be triggered in exceptional circumstances when it is clear the CDP job seeker's circumstances have significantly changed.

A serious failure period is conditionally waived when a Community Development Program (CDP) job seeker agrees to undertake a Compliance Activity.

During the period the serious failure period is conditionally waived, a CDP job seeker can incur:

• connection failures
• reconnection failures
• non-attendance failures
• No Show, No Pay failures, or
• a serious failure for refusing, failing to accept or commence suitable work

However, a CDP job seeker cannot incur a further serious failure for persistent non-compliance when the current serious failure period has not ended. A serious failure period ends when the CDP job seeker has either:

• served the 8 week non-payment period on full, or
• attended a Compliance Activity re-engagement appointment with their provider and agrees to a new Job Plan which includes a Compliance Activity

Non-Attendance Reports (NAR) may be submitted.