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Reinstating a serious failure period where re-engagement appointment not attended 001-10120080

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This document outlines the processes and procedures that apply when a serious failure period has been conditionally waived but the Community Development Program (CDP) job seeker fails to attend a serious failure waiver re-engagement appointment with their provider. Serious failures may be applied when CDP job seekers either refuse or fail to accept suitable employment, or are persistently non-compliant.

Reinstating a serious failure period

When a serious failure period is conditionally waived, the CDP job seeker is required to attend a waiver re-engagement appointment with their CDP provider. If the provider decides to set other serious failure requirements in addition to attendance at the waiver re-engagement requirement, they will discuss these requirements with the job seeker.

If the CDP job seeker does not attend the waiver re-engagement appointment or does not meet other serious failure requirements that have been agreed with the provider, their serious failure period will be reinstated from the later of:

  • the original serious failure period start date, or
  • the serious failure re-engagement appointment date

When the serious failure period is reinstated, the payment will stop the day after the waiver re-engagement appointment. This can occur when the CDP job seeker has already reported for the period in which the appointment occurred.

The re-application of the serious failure period because of non-attendance at the waiver re-engagement appointment is not a decision under the legislation. However, CDP job seekers can ask for:

  • a formal review of the decision to apply the serious failure period
  • a waiver of the remainder of the serious failure period through attendance at a subsequent waiver re-engagement appointment

Roles and Responsibilities

CDP providers are responsible for advising Services Australia that a CDP job seeker did not attend the waiver re-engagement appointment.

They will do this by recording an appointment result for the serious failure re-engagement appointment. This will result in Services Australia's system automatically reinstating the serious failure period.

Serious failure penalties

Job Seeker Compliance Framework waiver and hardship provisions

Waiving a serious failure period

Serious failure hardship provisions