Re-engaging job seekers - Targeted Compliance Framework 001-18030205

When a non-compliance event occurs, it is the providers responsibility to reconnect the job seeker.

Suspensions may be used to get the job seeker to comply with their requirements or contact their provider to discuss the failure.

Non-compliance events

A non-compliance event occurs when a job seeker fails to meet a compulsory requirement, including when they fail to:

• negotiate a job plan
• meet their points requirement
• record or report their attendance
• attend, or be punctual for an appointment, either with their provider, or a third party, including appointments scheduled by providers to discuss unemployment failures
• participate in a compulsory activity
• undertake adequate job search efforts
• undertake any other activities as outlined in the job seeker’s Job Plan
• act in an appropriate manner during an appointment or while participating in an activity
• act in an appropriate manner during a job interview
• act on a job opportunity when they have been referred to one
• accept or commence suitable employment
• record that they have complied with a compulsory requirement (for job seekers with digital literacy limitations, this will need to be done in collaboration with their Provider)

A non-compliance event also occurs when someone ceases employment due to a voluntary act or misconduct.

Re-engagement requirement

When a job seeker has:

• failed to meet a mutual obligation requirement while in the green or warning zones, the provider/DEWR system issues the job seeker with a notice advising they have missed a requirement and must meet a re-engagement requirement
• committed a work refusal failure, they may issue the job seeker with a notice to contact them to discuss the failure

Note: re-engagement refers to the requirement to re-engage within the 5-day resolution time period.

Deferred suspensions

Payment will not be suspended immediately if the failure is a:

• work refusal failure, or
• mutual obligation failure and the job seeker is in the green zone or warning zone

When a mutual obligation failure occurs for a job seeker in the TCF green zone or warning zone, or a work refusal failure occurs in any TCF zone, the provider will record a non-compliance event in the Employment Services System (ESS). This will send a notice from the provider to the job seeker telling them they:

• did not meet a requirement, and
• must re-engage within 5 days or their payment will be put on hold

To avoid payment suspension the job seeker must within 5 business days. This 5 day period is known as 'resolution time'. This may be to:

• contact their provider to explain the reason for a mutual obligation failure
• contact their provider to discuss a work refusal failure
• log into their Workforce Australia Online account to complete mandatory tasks, or
• meet any other re-engagement requirement issued by the provider

If the job seeker does not comply with the instructions in the provider notice, their payment will be suspended after 5 business days. Their payment will remain suspended until they meet any reconnection requirement set by the provider or the Digital Service Contact Centre (DSCC) for job seekers with Workforce Australia Online.

Note: reconnection refers to the requirement to meet a reconnection requirement once payment is suspended and reconnection notification has been issued.

Immediate suspensions

An immediate payment suspension triggers when the provider records the non-compliance event in ESS for a job seeker in the financial penalty zone.

This suspension prompts a notification to the job seeker telling them they must meet a reconnection requirement. Services Australia also formally notifies the job seeker of the suspension.

Note: reconnection refers to the requirement to meet a reconnection requirement once payment is suspended and reconnection notification has been issued.

Resolving suspensions

If the job seeker's payment is suspended, it will remain suspended until they comply with the reconnection requirement in the notice from their provider or the DSCC or is no longer required to comply with the reconnection requirement.

Failing to meet the reconnection requirement within 28 days of being notified will result in the payment cancelling and the job seeker needing to reclaim.

Note: the reconnection requirement is not always to attend an appointment with an employment services provider. See the Process page for the different types of reconnection requirements.

A TCW - Provider work refusal failure suspension or TCF - Did not meet provider requirement participation suspension may automatically lift when a job seeker transfers to a new provider. The provider who triggered the suspension is responsible for determining when to restore payment.

The quickest way for a job seeker to resolve their suspension is to comply with the reconnection requirement in the notice from their provider..

Providers are responsible for managing reconnection so payment can be restored. Services Australia's system automatically:

• restores payment once the provider records that a reconnection requirement is met, or
• cancels payment CAN-CDR if the job seeker fails to comply with their reconnection requirement within 28 days

Job seeker cannot meet their requirements

If a job seeker's circumstances have changed and they cannot meet their mutual obligation requirements, they should contact their provider to request their requirements be adjusted.

In some circumstances, the job seeker may be eligible for a temporary exemption from mutual obligations.

Request for review

Job seekers requesting a review of the decision to suspend their payment should contact:

• their provider or the Workforce Australia's Digital Services Contact Centre (DSCC) for job seekers connected to a Workforce Australia Online provider if they require help to comply with their reconnection requirement or are unable to meet their requirement
• the Department of Employment and Workplace Relations' (DEWR) National Customer Service Line (NCSL) if they have issues with a provider's services or disagree with a decision they have made

If the job seeker is still not satisfied with the outcome after contacting their provider, DSCC / NCSL, or insists on submitting a formal request for review, see Non-compliance with compulsory requirements - review and appeals.

A job seeker's payment will be cancelled if they fail to comply with their reconnection requirement within 28 days of being notified by their employment services provider or the Digital Services Contact Centre (DSCC) of the requirement to do so. Where payment is cancelled 'Customer failed to re-engage' (CDR), the job seeker is deemed to have lost qualification for their participation payment. Payment restoration is not appropriate where the cancellation is correct. To receive the payment again, the job seeker will need to re-claim.

Participation Solutions Team (PST)-skilled staff may restore payment following a CDR cancellation if there is evidence that within 28 days of being notified to reconnect, the job seeker:

• met the reconnection requirement, or
• is no longer required to meet the reconnection requirement

Evidence may include:

• information on the job seeker's record confirming the job seeker has contacted and met their reconnection requirement
• the job seeker attended a reconnection appointment, but attendance was not identified/recorded before the CDR cancellation due to:
  • incorrect or incomplete coding by the provider/DSCC
  • incorrect appointment type booked, or
  • a system issue or error. For example, incorrect cancellation of a manual follow up activity (MFU)
• a valid medical certificate was not assessed prior to cancellation, and the outcome of the medical certificate assessment suggests an exemption would be granted

PST-skilled staff must advise the job seeker of:

• their review and appeal rights, and
• the need to re-claim payment if:
  • evidence does not exist, and the cancellation is deemed to be correct, or
  • the job seeker is contacting more than 13 weeks after their payment was cancelled

See Non-compliance with compulsory requirements - review and appeals for additional information on the formal appeals process.