Non-compliance with compulsory requirements - review and appeals 001-10130000

The Department of Employment and Workplace Relations (DEWR), Services Australia and employment services providers work together to apply job seeker compliance legislation and policy. Services Australia is the delegate for some decisions while other decisions are made by the provider or DEWR's Employment Services System (ESS) if a customer is participating in Workforce Australia Online. Services Australia is responsible for reviewing decisions made under social security law, regardless of who made the decision.

When a job seeker contacts Services Australia about a job seeker compliance decision, the decision must be identified to:

• establish who was responsible for making it, and
• whether it was made under social security law

This will inform whether the DEWR, Services Australia or an employment services provider is best placed to discuss the decision and manage the review process.

The following decisions are not made under social security law but as per Department of Employment and Workplace Relations (DEWR) policy. An employment services provider or DEWR's Employment Services System (ESS) can decide:

• to record a demerit because a valid reason has not been provided
• to place the job seeker in a different Targeted Compliance Framework zone
• to change the number of demerits accrued within a 6 active month period
• when a Capability Interview or Capability Assessment is required

Services Australia cannot review or change these decisions.

Note: under the Job Seeker Compliance Framework that applies to the RAES and previously the Community Development Program (CDP), all decisions are made under social security law.

See the Resources page for more information.

DEWR's ESS, staff of the Digital Services Contact Centre and employment services providers delivering services under the Workforce Australia program or Inclusive Employment Australia program are delegated to make the following decisions under social security law:

• Suspending a job seekers payment because of a mutual obligation or work refusal failure
• Issuing reconnection requirements to a job seeker when a mutual obligation or work refusal failure is identified
• Restoring participation payments following the job seeker meeting their reconnection requirement or when it is determined a reconnection requirement is no longer needed

Employment services providers delivering services under the Remote Australia Employment Services are delegated to make the following decisions under social security law:

• Issuing a notice for a job seeker to attend a compulsory appointment
• Requiring a participant to enter into a Job Plan
• Requiring a participant to comply with a reconnection requirement following payment suspension for failing to attend a compulsory appointment or determining when reconnection is no longer required

When a job seeker requests a review of a decision to suspend their payment for reasons 'Did not meet provider requirement (SUS-TCF)' or 'Provider work refusal failure (TCW)', the quickest way for the jobseeker to resolve their suspension is by complying with their reconnection requirement or contacting their employment services provider, or DEWR. If the job seeker is:

• In Workforce Australia Online, the job seeker should check if they have tasks outstanding in their Workforce Australia account and action them. If they cannot comply with their reconnection requirement, they should contact DEWR's Digital Services Contact Centre
• Connected to an employment service provider, they can check their Workforce Australia account for any outstanding tasks and action them or contact their provider for assistance in meeting their reconnection requirement

If the job seeker is not satisfied with the provider, contact the Department of Employment and Workplace Relations (DEWR) National Customer Service Line.

If the job seeker is still not satisfied with the outcome after taking the above steps or insists on a formal review of decision prior to taking the above steps, a formal request for review must be recorded.

See the Resources page for more information.

Services Australia makes the following Targeted Compliance Framework decisions under social security law:

• Deciding whether a job seeker has a reasonable excuse for their mutual obligation failure or work refusal failure
• Applying a financial penalty because of a result of a mutual obligation failure, including the amount of the penalty and the instalment period the penalty affects
• Cancelling payment because of a mutual obligation, work refusal or unemployment failure, or failure to comply with a reconnection requirement within 28 days. This includes the payment cancellation date of effect
• Applying an unemployment preclusion period or post-cancellation non-payment period, including start date and duration of this period

The outcome of a Capability Assessment is not a decision made under social security law and cannot be reviewed. If the job seeker is not satisfied with the outcome of a Capability Assessment or their Targeted Compliance Framework zone, they should be referred to their provider to discuss their requirements.

Services Australia makes the following Job Seeker Compliance Framework decisions under social security law:

• Applying suspensions when notified by RAES providers when a job seeker fails to attend an appointment or has disengaged from their mutual obligation requirements
• Applying a financial penalty because of a non-attendance, reconnection, no show no pays or serious failures and unemployment non-payment periods
• Waiving serious failure and unemployment non-payment period penalties under hardship waiver provisions or because of the job seeker seeking to waive their serious failure penalty
• Cancelling payment because of failing to comply with a reconnection requirement within 28 days

See the Resources page for more information.

Employment Service Providers or DEWR are fully responsible for providing job seekers with an explanation of Targeted Compliance Framework Decisions that are not made under social security law.

For Decisions made by the employment services provider under social security law, the Employment Service Providers are responsible for the initial explanation of the decision and reconsideration of the decision.

If the job seeker is not satisfied with providers outcome, the job seeker should be referred to the DEWR National Customer Service Line to discuss the decision.

If these steps have been taken and job seeker remains unsatisfied with the outcome, Services Australia can then manage the review process for decisions made under social security law.

Services Australia is responsible for managing the internal review process for all Decisions made by Services Australia.

RAES providers do not have delegation to make compliance decisions under social security law but are responsible for providing their participants with an explanation of the Job Seeker Compliance Framework decisions they make (for example, decisions to send Services Australia advice to suspend payments because of non-compliance with a compulsory requirement).

When a RAES participant contacts Services Australia about a Non-Attendance Report (NAR), they should be advised to contact their provider to ensure any outstanding issues are resolved so payment can be restored as quickly as possible.

Services Australia are the delegates for Job Seeker Compliance Framework decisions made under social security law and fully manage the review process for these decisions.

The job seeker can choose to request an explanation of a decision, which will be provided by a Participation Solutions Team (PST) Subject Matter Expert (SME). A PST SME is a PST-skilled staff member with WNPPD security resource. The job seeker may choose this option if they do not understand or would like more information about the decision.

The job seeker can choose to apply for a formal review of the decision, which will be undertaken by an Authorised Review Officer (ARO). The job seeker may choose this option if they do not agree with the decision. A job seeker can apply for a formal review of a decision at any time. An explanation by a PST SME is not mandatory.

RAES participants can request PPR when they have applied for a formal review of a serious failure or Unemployment Non-Payment Period (UNPP). PPR is not available for any failures or decisions made under the Targeted Compliance Framework.

For more information, see Payment Pending Review (PPR) of decision to apply a penalty for non-compliance.

Further information or evidence provided by a job seeker in relation to a decision that has been made can be considered. The decision can be changed without the job seeker requesting an explanation or applying for a formal review of the decision.

Note: lodgement of information/evidence (without contact from the job seeker) is not automatically considered a request for an explanation or an application for a formal review. If in doubt, contact the job seeker to discuss.

A reassessment undertaken by a PST SME or PST-skilled staff because of new information, is done under the authority of a Secretary initiated review. It must be documented on the job seeker's record. These reassessments are not recorded in the Appeals (APL) system, and the Internal Review/Explanation script is not used.

If a job seeker lodges additional information and/or evidence and does request an explanation of the decision or apply for a formal review, a PST SME or ARO will consider the information.