Determining Activity Test breaches for unapproved absences for ABSTUDY secondary school students 010-02090010

Compliance processes currently focus on cases where the customer has had a high number of unapproved absences in a term. Absence from school does not result in loss of qualification for payment. However, a high level of unapproved absence is an indicator that the student may have ceased studies.

If investigation of the case shows that the student has not ceased studies, they remain qualified for payment but may potentially be required to enter into an Activity Agreement.

Where local arrangements currently exist to refer cases of excessive unapproved absence to a Service Centre / Smart Centre Processing site or attendance initiative team for negotiation of an Activity Agreement with the student, Compliance teams should continue these referral arrangements.

Where these local arrangements do not currently exist it is not necessary to undertake 'USE' reviews.

Area Compliance, or the team responsible in an Area, have advised the Service Officer that a student, other than a Schooling A or TAFE secondary student, has had more than 5 full days of unapproved absence (for ABSTUDY purposes) in a school term and has arranged for the student to attend an interview to discuss the situation.

At interview, check the Document List (DL) screen on the student's record for evidence of an activity agreement being negotiated and signed. A DOC should have been recorded for this purpose. A record of the activity agreement will also exist on the 'Manage Activity Agreement for Students' screen. Access 'Student Activity Agreement' from the Study menu in Customer First.

Is there an activity agreement in place?

• If yes, go to Step 3
• If no, an ABSTUDY Activity Agreement (ABAA) must be negotiated. Procedure ends here

Check the details of the activity agreement as recorded on the DOC and on the 'Manage Activity Agreements for Students' screen and compare the dates of the agreement with the dates of the absences as advised by Compliance.

Do the terms of the activity agreement cover the period of unapproved absences?

• If yes, go to Step 4
• If no, another activity agreement needs to be negotiated. Procedure ends here

The secondary school student may have breached the terms of the activity agreement by having more than 5 days of unapproved absence (for ABSTUDY purposes) in a term.

Gather the facts and evidence to make a decision.

Note: if a student disagrees with the decision that they had more than 5 days of unapproved absence, they must provide a letter from the institution advising of their amended attendance details to support their claim.

In order to make an informed decision on whether or not to impose a breach, ensure that all the facts and supporting evidence are considered. Some suggestions include:

• Discuss the student's circumstances and have the student make a statement
• Ask student for evidence of their situation, for example, medical certificate, a letter from the institution, etc

Make any additional enquiries to establish the facts of the case (for example, contact the educational provider).

Make the decision based on the evidence, facts, policy guidelines and any other issues that have arisen:

Note: do not alter any review outcomes without first discussing the case with Area Compliance staff.

Were there any circumstances beyond the control of the secondary student preventing the customer from meeting the terms of the activity agreement and were they able to supply evidence for student claims of this?

• If yes, a breach is not to be imposed. Go to Step 6
• If no, impose the breach. Go to Step 7

If after due consideration, a decision is made not to impose a breach, for example, due to circumstances beyond the secondary student's control, the decision must be recorded on a DOC with sufficient detail to justify the decision.

• File the evidence with the student's file
• Remind student of their continuing Activity Test requirements and if there are ongoing circumstances beyond the student's control, negotiate a new ABSTUDY activity agreement taking into account the student's circumstances and the need for positive education outcomes
• Record details of the decision on a DOC

Procedure ends here.

Access the 'Manage Penalty for Secondary School Unapproved Absences' screen under 'Study' then subheading 'Penalty Details (ABY)'.

To record details of a new breach:

Complete mandatory fields under heading 'Penalty Details' section.

• Select one option from the 'Penalty Type' drop down box:
• RR1 - Reduction 1
• RR2 - Reduction 2
• NPP - Non Payment
• RV1 - Revoked RR1
• RV2 - Revoked RR2, or
• RVN - Revoked NPP
• The 'Reduction %' is determined automatically depending on the type of penalty selected
• Complete fields for 'Signed Date' and 'Start Date' as required. Note: the entered penalty period cannot overlap an existing penalty period and must sit within an Activity Agreement period
• Select one option from the 'End Reason' drop down box:
• MAX - Maximum
• AGR - Agreement End
• NEW - New penalty
• OTH - Other reason
• RVW - Under review, or
• OVE - Overturned
• Complete the 'Source' and 'Receipt Date' fields
• Click the 'Add' button to store the record. It will now be displayed in the 'Existing Penalty Summary' section

Note: the system will automatically send a letter to advise of payments at the new rates and the penalty period.

To update an existing penalty record:

• On 'Manage Penalty for Secondary School Unapproved Absences' screen, select required penalty record from list under 'Existing Penalty Summary'
• The information for the selected penalty will auto-populate and display under 'Penalty Details' section
• Edit required fields and select the 'Update' button. The updated record will now be displayed in the 'Existing Penalty Summary' section

In order to delete an existing penalty record, select the relevant record and click the 'Delete' button.

The 'Clear' button can be used when adding details for a new penalty or updating an existing penalty record. When this button is selected, it will clear all the fields currently displayed under the 'Penalty Details' section.

Withholdings will be adjusted if the customer has a current debt and the debt is being recovered by withholdings from their basic payment.

A customer's basic payment can only be reduced by a maximum amount of 25 per cent. If a customer has a current debt and the withholdings amount in respect of that debt is at the standard rate of 15 percent, the rate of withholdings will be automatically adjusted when a rate reduction period penalty is applied.

If the customer wishes to discuss their withholdings see Procedures for arranging withholdings to recover debts.

Record a DOC detailing the decision to impose a breach.

Documentation of the decision should be an accurate reflection of the assessment process undertaken in reaching the decision. Consider all aspects of the case before making a decision. Document each contact with the student to ensure a complete and accurate record of events.

Notify student of the imposed breach.

The system will send an automatic letter advising of the breach and the customer's review and appeal rights.