Employment Service Provider Requirements

As the primary point of contact for unemployed workers, Employment Service Providers have important responsibilities to ensure unemployed workers are placed in suitable and safe work for the dole places. Additionally, providers have a responsibly to ensure unemployed workers’ personal circumstances and health enable them to safely work for the dole.

2.3.1  Your Right to a Work Capacity Assessment

Some job seekers may have vocational or non-vocational issues or an assessed partial or reduced work capacity. These will generally be identified by an Employment Services Assessment (ESAt), a Job Capacity Assessment (JCA) or through the Job Seeker Classification Instrument (JSCI).

For job seekers with Mutual Obligation Requirements the Provider must review the job seeker’s identified issues and determine activities that will best help them address or sufficiently manage these issues, and ensure the job seeker can simultaneously meet their Mutual Obligation Requirements, including their Annual Activity Requirement. See the Mutual Obligation Requirements (including Annual Activity Requirements) Guideline for additional information.

For Fully Eligible Participants who are accessing Services on a voluntary basis, the Provider should consider the job seeker’s individual circumstances, personal needs and capacity to undertake activities. For further information see below – What should be included in a voluntary Job Plan?

Providers must consider the job seeker’s assessed work capacity. The activities in the Job Plan must not place unreasonable demands on the job seeker. The job seeker must be capable of undertaking any Activity or requirements included in a Job Plan. If a job seeker cannot reasonably undertake an Activity (or a combination of activities), then that Activity (or combination of activities) must not be included in their Job Plan.

Job Plan Guideline, p. 4

2.3.1  Your Right to a Partial Capacity to Work Consideration

The definition of Partial Capacity to work is follows:

A person with a physical, intellectual or psychiatric impairment has a partial capacity to work if the impairment prevents them from working at least 30 hours per week at the relevant minimum wage or above, independently of a programme of support, within the next 2 years. In determining whether a person has a partial capacity to work, all impairments that impact on a person’s capacity to work within the next 2 years will be taken into account, regardless of whether the condition/s giving rise to the impairment/s are fully treated and stabilised and the Secretary must be satisfied that no training activity is likely, because of the impairment, to enable the person to work at least 30 hours per week at the relevant minimum wage or above, independently of a programme of support, within the next 2 years.

Guide to Social Security Law, 1.1.p.56

If you think you fit into this definition inform your Employment Service Provider and call Centrelink to request your assessment.

Please note that in the time you are waiting to be assessed, you cannot be compelled to Work for the Dole or do any other activity.

Furthermore, if you are considered to have a Partial Work Capacity, here is some more useful information:

People assessed as having a partial capacity to work who are not able to participate because their carer is temporarily or permanently unable to care for them due to unforeseen circumstances may be granted a temporary exemption from mutual obligation requirements under the major personal crisis exemption (3.2.11.40).

To qualify for the exemption, the carer must be a commercial carer or a relative or friend receiving CA or providing a level of care which would qualify them for CA.

The exemption is normally limited to the time required for alternative care arrangements to be put in place or until their carer recovers from their temporary incapacity. However, it the carer has not recovered from their temporary incapacity or the job seeker has not been able to find alternative care arrangements within the exemption period then, this period may be extended.

The maximum exemption period at any one time is 13 weeks.

Guide to Social Security Law, 3.2.11.80

2.3.2   Your Right to a Temporary Reduced Work Capacity Consideration

A job seeker may have a temporary medical condition and have a temporary reduced work capacity (TRWC), which is identified through an Employment Services Assessment [Request one from Centrelink if necessary]. Job seekers will have reduced requirements for the period of their TRWC. When setting appropriate activities, the delegate must ensure that activities and the level of participation take into account the job seeker’s TRWC.

When circumstances arise that impede a job seeker’s ability to meet their usual mutual obligation requirements they can be adjusted to reflect those circumstances. Mutual obligation requirements are flexible and it is preferable and generally possible to reduce a person’s requirements, rather than exempt the person from requirements. However, there are circumstances, specified in the legislation, under which a full exemption from requirements is appropriate (3.2.11).

Guide to Social Security Law, 3.2.9.10

2.3.3  General Legal Requirements

The Provider must only place job seekers in Work for the Dole activities as allowed by law. If the law does not allow a job seeker to be placed in a particular Work for the Dole activity, the Provider must ensure that alternative Work for the Dole activities are made available to that job seeker.

For example, if a Work for the Dole activity involves tasks that can only be undertaken by a licensed person and the job seeker does not hold the relevant licence (for example, an electrician’s licence or a bus driver’s licence) then the job seeker cannot be placed into that activity. Similarly, job seekers cannot participate in Activities if it will cause a breach of visa conditions.

Employment Service Providers also have to abide by

  • Providers must conduct a risk assessment for each job seeker placed into a Work for the Dole Place

  • Providers must actively manage and ensure job seeker attendance in Work for the Dole Places, and

  • Where a natural disaster has occurred, Work for the Dole activities should (and must if directed by the Department) assist with the recovery as part of a Community Action Group Activity (CAG) or a Project of National Significance (PoNS).

2.3.4   Your Right to a Principal Carer Parent Consideration

Being considered a Principal Carer will reduce your Work for the Dole requirements
A person is a principal carer of a child if:

  • the child is a dependent child (1.1.D.70) of the person, AND
  • the child has not turned 16.Note: only one person at a time can be the principal carer of a particular child. In all shared care situations, it is necessary to determine which of the carers is the principal carer.If both shared care parents are receiving NSA, depending on their level of care, both may receive the NSA (with child) rate. However, only one parent could be determined to be the principal carer of a particular child.

Grandparents, Step-Parents, Temporary Guardians can also be considered as Principal Carer Parents. Please click on the reference link for more information.

Guide to Social Security Law, 1.1.P412

 

2.3.5  Your Right to be Exempt from Work for the Dole

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.

Mutual Obligations Guideline, p. 5

2.3.6    Your Rights Regarding Unforeseen Breaks in Activities

 

There is no need to adjust a job seeker’s requirements if they have a break of less than or equal to 4 weeks that is outside their control. If the break is greater than 4 weeks then the job seeker is required to undertake other suitable activities such as job search, for the period of the break. The Job Plan should be revised to include the adjusted requirements.

Exception: Separate rules apply to principal carer parents and job seekers assessed with a partial capacity to work when the activity is casual part-time paid employment. Breaks or holidays in casual part-time work beyond the control of the parent or job seeker of any duration can result in the principal carer parent or job seeker assessed as having a partial capacity to work being required to undertake other suitable activities (job search, in particular) for any fortnight in which the 30 hour per fortnight part-time work requirement is not met. Breaks or holidays in permanent part-time work will not result in job seekers assessed as having a partial capacity to work having to undertake other activities as long as their basic rate of income support does not increase during the holiday (i.e. they receive the same level of employment income during the break).

If a person needs to take a break from an activity due to personal circumstances, then they must immediately notify DHS or their employment services provider, who will then either revise or develop a new Job Plan taking into account the job seeker’s changed circumstances.

Example: A job seeker may have a reduced capacity due to a recurrent medical condition or unexpected child care responsibilities and is unable to make suitable alternative arrangements.

Break for principal carers – Christmas & New Year period

A principal carer is not required to meet any requirements during the fortnight that the Christmas Day public holiday falls. However, they are still required to lodge their statement (1.1.S.350) to DHS for this period in order to report any earnings and stimulate their payment.

Break for principal carers – employer initiated shut down period over the long school holiday break

When a principal carer is meeting their mutual obligation requirements by working (including instances when working is one of a combination of activities) and the person’s employer initiates a shutdown period over the long school holiday Christmas break, the principal carer is considered to be meeting their requirements as long as they reasonably expect to resume their employment when their employer resumes in the New Year. The employer initiated shut down period break can only be taken while the place of employment has shut down, up to a maximum of 8 weeks. After 8 weeks the principal carer will be required to participate in additional activities to meet mutual obligation requirements.

Guide to Social Security Law, 3.2.9.10

 

2.3.7    Your Right to Choose your Own Approved Activity

 

Work for the Dole is not the only approved activity unemployed workers can choose from.

For job seekers aged 18 to 49 years with full-time Mutual Obligation Requirements, Work for the Dole is the principal Activity to meet their Annual Activity Requirement unless they have:

• arranged to meet their Annual Activity Requirement through another approved Activity that will start at the time they become subject to the Annual Activity Requirement, or

• already undertaking other approved Activities at the time they enter the Work for the Dole Phase.

Job seekers aged 50 to 59 with full-time Mutual Obligation Requirements may choose to undertake Work for the Dole or other approved Activities to meet their Annual Activity Requirement.

PCPs and PCWs of any age may choose to undertake Work for the Dole or other approved Activities to meet their Annual Activity Requirement.

In addition to Work for the Dole, the other approved Activities that will enable a job seeker to meet their Annual Activity Requirement are:

• Part-Time Employment

• Unpaid Work Experience Placements

• Voluntary Work

• part-time study/training (in a Certificate III or higher)

• accredited language, literacy and numeracy courses, which can include

o Skills for Education and Employment

o Adult Migrant English Programme

• Defence Force Reserves

• Other government programmes, including state government programmes and the Green Army Programme.

Job seekers may also undertake a combination of the Activities listed above where it is deemed suitable or necessary by the Provider. For Stream C job seekers, participation for the relevant number of hours in non-vocational assistance and interventions will meet their Annual Activity Requirement.

PLEASE NOTE, there are certain Activities that will not count towards meeting a job seeker’s Annual Activity Requirement. These include:

• non-accredited education and training

• Certificate I or II courses

• non-vocational assistance and Interventions (except for Stream C job seekers). For example, careers counselling, personal development courses and addictions interventions.

Mutual Obligations Guideline, p. 12

2.3.8    Your Right to be Exempt from Your Mutual Obligation Requirements

There are some circumstances where a job seeker may be temporarily unable to meet their Mutual Obligation Requirements. DHS may grant the job seeker an Exemption from their requirements for a specified period. This recognises the different family and personal situations that job seekers face and that may prevent them from participating in Job Search, paid work, Work for the Dole, vocational training or other activities. In the first instance, DHS will usually look to reduce a job seeker’s Mutual Obligation Requirements, rather than exempting them completely.

If a Provider believes that the job seeker should be exempt from Mutual Obligation Requirements, the job seeker should be advised to contact DHS to test their eligibility for an Exemption. Job seekers would need to take any evidence to DHS to support their claim. For example, a medical certificate from their doctor, if they are applying for a medical Exemption.

When a job seeker is granted an Exemption, they will be Suspended from a Provider’s caseload for the duration of the Exemption (some job seekers with longer-term Exemptions may be Exited from a Provider’s caseload). However, job seekers may voluntarily choose to continue with Employment Provider Services for the period of their Exemption.

Domestic violence

Exemptions may be granted where a job seeker is subject to domestic violence (including family violence). If the job seeker is a PCP and subject to domestic violence, an Exemption must be granted by DHS.

In situations where there is any suspicion of domestic violence, Providers must refer the job seeker to a DHS social worker. Providers should also refer a job seeker to the range of national and state-based organisations that offer advice and information concerning domestic violence.

Pregnant job seekers

During the early months of pregnancy, a pregnant job seeker’s Mutual Obligation Requirements will not change. Generally, the job seeker will still be required to look for work; however, the Provider must take into account the job seeker’s personal circumstances when setting activities in their Job Plan.

Pregnant job seekers who are three months from their expected due date must not be required to look for work. During this time, Providers cannot compel these job seekers to accept job offers or referrals to job interviews, but the job seekers will be required to continue in some activities subject to their capacity. Once the pregnant job seeker is six weeks from their expected due date, DHS will grant the job seeker an Exemption from their Mutual Obligation Requirements.

Mutual Obligations Guideline, p. 20