Concern: Job Agency not recognising Medical Condition
Date: 21.04.16
My daughter is on the jobseekers benefit and has to deal with max.
She suffers severe anxiety and has panic attacks and her dr has previously written her a dr certificate to exempt her from looking for work. She is currently seeing a psychologist who has told her that she is not in the ideal state of mind to be looking for work and dealing with max. The psychologist wrote a letter to my daughters dr saying that it’s in my daughters best interest for him to write another dr certificate for my daughter and to include the psychologists letter so she can get an exemption for 3mths. My daughter handed in the certificate and psychologist letter to Centrelink.
This afternoon she got a text saying that she has an appt with max tomorrow morning. She rang max and told them that she handed in a dr certificate to Centrelink last week. They told her that Centrelink denied the certificate as the dr has used that reason before and that you can only use a medical reason once because they already have that on file ? they also told her that she has to sign papers agreeing to do work for the dole tomorrow.
My question is… Can they actually deny a certificate for an ongoing illness? She is getting professional help, both her go and psychologist agree that this is not the right time for her. Is that actually legal? Is there anyway she can fight this without losing her benefit? Do you have a link where I can read about the medical certificates as I’m having trouble locating anything.
When she first went on jobseekers and went to max for her first appt, she was excited and full of hope and went down with a plan. She asked them about doing a tafe course and getting their help to cover costs of text books, uniform and shoes.
They told her that as she was new to jobseekers she is classed as tier 1 so she doesn’t get that kind of help, only people who are on level 4 get all that help. She was gutted and her problems with stress started not long after. I was shocked… Here is a girl that wants to study to get a good job but they refused the help as she hasn’t been on the benefit long enough.
At her 3rd max appt, she asked them, what they were actually doing to help her find a job…. They responded by saying, we don’t actually find you a job, we let you use our computers and give you the newspapers to search here. Umm they are meant to be an employment agency.
The only reason she applied for a benefit was because the government upped all the tafe courses and she couldn’t afford $15,000 and the supplies that were needed and to not have an income while doing it. Not all young people just want to bludge, a lot want to do courses to better their employment opportunities then when they are sent to max, max destroys their hopes and soul and they end up losing hope and giving up because they don’t get the help, because when they walk through the max doors they are classes as a dollar sign and not a person.
AUWU ANSWER:
This happens a lot and is completely unacceptable but Centrelink think they can get away with it.
I strongly suggest you do three things as a matter of urgency:
1. Request an Employment Sevices Assessment through Centrelink to get the medical condition recognised. More info here:https://unemployedworkersunion.com/unwell-want-stop-work-dole-get-employment-services-assessment/
2. Call up Centrelink and Appeal Centrelink’s decision to reject your medical cert
3. Make a complaint that Max is making you come into appointments with only 1 days notice. More info here: https://unemployedworkersunion.com/complain-job-agent/
Hope that helps and sorry it took so long to get back to you. You should try calling the hotline if it is an urgent matter.
Concern: Appointment issue
Date 4.4.16
I am with the Salvation Army Employment Plus and have started doing these motivation session each Friday.
I have social anxiety and the instructor expects us to introduce ourselves each week to other people in the room *strangers and also unemployed clients* and explain our own personal problems which I firmly don’t believe in as I’m a private person.
AUWU Answer
Sorry to hear about your troubles.
But the good news is there is clear information in the jobactive guidelines which says your job agency is not allowed to force you to attend activities over and above your stated mutual obligations requirements.
Many unemployed workers are informed by their job agency that they have to attend multiple appointments per month with their job agency. This is a clear breach of the jobactive deed.
In addition to your Annual Activity Requirement (Work for the Dole, voluntary activity etc.), which generally occurs for six months of the year, you are only obligated to attend one appointment per month (see here for the official jobactive mutual obligation tables)
If your job agent demands that you attend any more appointments on top of this monthly appointment, request that your job agent produce the relevant section of the jobactive deed or guidelines backing up what they are saying.
Concern: Work for the Dole Issue
Date 29.03.16
Hi there, I’ve just returned from oversees and have gone back on to New Start. I’ve only been back 3 weeks and have already had 4 days of work
Today I had my first appointment with my job agent and they said even though I am regularly getting part time work (relief teaching) that I am still REQUIRED to participate in Work for the Dole as I can’t be sure how many hours per week I will get. (Although I’ve pretty much had at least one day every fortnight for the last year and usually only receive part payments or nil payments).
They signed me up for some Work for the Dole- (at the Salvation Army)
I am supposed to start on Thursday-
However, after reading
http://guides.dss.gov.au/guide-social– security-law/3/2/9/60
and http://guides.dss.gov.au/guide-social-security-law/3/2/8/50
It seems that I am not required to do the Work For The Dole at all if I am only receiving partial payments.
I also went and talked to centrelink- who also told me I was required to do WFTD as I was not meeting the hours of participation required. (Note:- if I work 15 hours in a fortnight, which I often do, I earn enough to have a nil payment!)
Am I required to do WFTD? Do you have any advice as to how I should deal with this?
AUWU answer:
Hi Sarah. this is a classic trick by jog agencies. As you found out, if you are receiving any paid work that reduces your newstart (even by 1 cent!) you are not eligible for work for the dole. The job agencies are just trying to bully you into Work for the Dole cause that makes them money.
Here is the direct quote from the Mutual Obligation Requirement guidelines:
In a Job Plan, Providers must not include participation in Work for the Dole (or other approved programs of work) as a compulsory item:
• for job seekers receiving less than the full rate of Newstart Allowance, Youth Allowance (other) or Parenting Payment Single, where the rate is reduced due to the income test (Note: A reduced rate can result from the job seeker’s own income and / or their partner’s income.)
• for Special Benefit—Nominated Visa Holders if the person or the person’s partner has income
• where the Activity is more than 50 hours per fortnight
• where the job seeker is aged under 18 or is 60 and over.
Concern: Job Plan Issue
Date: 29.03.16
My job agent refused to allow me to take home my job plan to consider it. What can I do?
AUWU answer:
By not allowing you to take home your job plan they denied you your ‘think time’. As it says in the job seeker compliance framework guideline
Job seekers may have 48 hours ‘think time’ to consider the proposed requirements of the Job Plan or to discuss them with a third party before signing or agreeing to the Job Plan. If the job seeker requests to have 48 hours ‘think time’ the Provider should book another Appointment in 48 hours’ time. If the job seeker has not agreed to the Job Plan within the 48 hours ‘think time’ or does not attend the Appointment, the Providershould consider whether submitting a Participation Report is appropriate.
Please not that you can only be suspended when you fail to sign your job plan after your second appointment. This means that you are able to wait until your next scheduled monthly appointment to sign your job plan, effectively giving you one month of ‘think time’.
Concern: Being Forced to Do Work for the Dole
Date: 29.03.16
Concern: Work for the Dole Issue
Date: 21.03.16
Issue: “I have been forced to a Work for the Dole activity that undermines my health and in unsafe for me due to my physical condition. I was given no choice about doing any other activity.
I am also being bullied: I have been denied access to toilet when I need it, being forced to do things that seem to be completely pointless and punitive, not being provided with appropriate tools and protective clothing.
Is there anyway I can do another activity that does not threaten my health?”
AUWU answer:
Thanks for contacting us. If you are interested in getting more involved in the AUWU, you should think about starting branch in your area or alternatively getting involved in an established branch. Please note, this is not legal advise.
In regards to your issue, we recommend that you:
1. Request an Employment Services Assessment through Centrelink
Ask Centrelink for an Employment Services Assessment (ESAt). At this assessment you are required to bring all relevant documentation that proves that you have barriers to work. Some of these barriers to work include:
- Physical condition
- Psychological condition
- Caring Responsibilities
Once your Employment Service Assessment is booked, you will not be required to undertake any appointments or activities demanded by your Employment Service Provider. While you are waiting for your Employment Services Assessment, you should look into how you can a range of activities to meet your mutual obligation requirements other than Work for the Dole.
For more information about how to request an Employment Services Assessment, click here
2. Look for voluntary work
Under the job active guideline, unemployed workers can undertake voluntary work instead of Work for the Dole. There are a few things to remember when you are deciding what voluntary work you would like to do.
Firstly, it must be a non-for profit organisation.
Secondly, it must be an approved Centrelink Voluntary organisation. This means the non-for profit organisation must fill out a ‘Request for Organisational Approval’ form, available here.
After that form is complete, both you and your chosen volunteer organisation must fill out a ‘Verification of Voluntary Work’ form, available here. Please note that due to insurance issues the Australian Unemployed Workers’ Union is not able to become an approved voluntary organisation.
Unfortunately, to undertake voluntary work with your chosen non for profit organisation, you must do the leg work and get your organisation to fill out the required forms.
For more information about suitable voluntary work, click here.
3. Make a complaint through department of employment
Remember to ask the person for their name and the reference number in case they fail to investigate it properly. That way you can refer the matter to the commonwealth ombudsman (1300 362 072) if necessary.
For more information about how to make a complaint, click here.
4. Write up your experiences and send them to this email address
Informing the public about how unemployed workers are being treated by job agencies and Work for the Dole host organizations is imperative. Please summarise your experience and send it through to contact@unemployedworkersunion.com and we will publish it on our facebook and website (anonymously if you wish)
Concern: Am I Being Forced to Attend Too Many Appointments?
Date: 20 March, 2016
AUWU Answer:
Thanks for the question.
In addition to your Annual Activity Requirement (Work for the Dole, voluntary activity etc.), your mutual obligations are generally one appointment per month. If your job agent are asking you to do more than that I suggest you ask the for proof that they can do this under the job active deed.
If they do not offer that proof then say you will not go unless your job agent presents that contradicts these mutual obligation tables that state you have to attend one appointment per month
Concern: Over 60s Attending Activities
Date: 21/03/16
I am being forced to attend a volunteer activity even though I am over 60. Is this fair?
AUWU Answer:
Firstly, If you want to start a branch, we provide official email addresses and we can set you on up you you want (which I can link to your current email). We would then put that email address on this website so people can contact you if necessary.
Secondly, you should make a complaint about your job agency failing to inform you about these things. If they do not have any consequences to this sort of thing, they will keep on doing it! Details about making a complaint can be found here.
Thirdly, we encourage all members to write your experiences of being mistreated and we will publish it on our website and facebook (anonymously if you wish).