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Work refusal failures 001-18030207



This document outlines the policy and procedures that apply when a job seeker has refused, failed to accept or start suitable work under the Targeted Compliance Framework (TCF).

Refusing, failing to accept or start suitable work

A job seeker commits a work refusal failure if they fail to accept a confirmed offer of suitable work without a reasonable excuse, including when a job seeker accepts suitable work but fails to start.

Work refusal failures do not apply to ParentsNext participants.

When a work refusal failure is applied this will:

  • cancel the job seeker's payment, and
  • impose a 4 week post cancellation non-payment period

Job seekers who reclaim payment:

  • may be subject to RapidConnect provisions, and
  • must serve the 4 week post-cancellation non-payment period before their payment re-starts, and
  • will return to the TCF Penalty Zone they were in prior to the non-compliance cancellation

Job seekers who are principal carers or have partial capacity to work do not commit a work refusal failure if the work refused is for more than 15 hours per week.

Note: there are no waiver provisions for job seekers in financial hardship during the post-cancellation non-payment period; however, they will maintain eligibility for a concession card and the benefit rate Family Tax Benefit (FTB).

Work refusal failures identified by Employment Services Providers

Providers who become aware a job seeker has refused work, or accepted work but failed to start, will:

  • contact the job seeker to discuss their reasons for refusing or failing to start suitable work
    • If contact is unsuccessful, the provider will submit a Work Refusal Report. This triggers a notice to the job seeker to advise that their payment has stopped and they must contact their provider to discuss a possible work refusal failure
    • When contact is successful, the provider will assess the suitability of the work based on the job seekers circumstances, and consider the reasons why they refused work or failed to start work
  • finalise the Work Refusal Report if the job seeker has a valid reason or they determine the work was not suitable for the job seeker, or
  • update the Work Refusal Report with the job seekers reasons and advise them to contact the Participation Solutions Team (PST)

    Job seekers transitioning between job seeker compliance systems

    Job seekers will transition between job seeker compliance systems if they change residential address and either start or cease to participate in the Community Development Program (CDP).

    Where job seeker transfers to a CDP provider:

    • an outstanding work refusal failures may still be investigated and applied
    • any non-compliance cancellation due to a work refusal failure or post-cancellation non-payment period will remain in place

      Targeted Compliance Framework

      Suitable/unsuitable work

      Refusing or failing to accept a suitable job offer

      Services Australia's responsibilities for managing compliance with compulsory requirements

      Provider responsibilities under the Job Seeker Compliance Framework and the Targeted Compliance Framework

      Targeted Compliance Framework financial penalties and payment cancellations

      Reclaiming a payment after a Targeted Compliance Framework (TCF) non-compliance cancellation

      Conducting compliance investigations

      Gathering and assessing evidence for a job seeker compliance investigation

      Assessing reasonable excuse for non-compliance with mutual obligation requirements

      Rejecting a compliance action

      Sending free text to providers when compliance action finalised

      Circumstances impacting job seeker compliance

      Participation Compliance Hub

      Non-compliance with compulsory requirements - review and appeals