When a job agency or Centrelink issues a penalty, there are strict requirements they must follow. If they do not follow these requirements, the AUWU has reason to believe that the penalty cannot be imposed.
Many AUWU members have had success in reinstating their payments by following the steps below.
At Your Job Agency
If an unemployed worker is unable to attend a job agency appointment or any other compulsory activity listed in their job plan, their job agent must attempt to contact them to ensure that a reasonable excuse does not exist.
This is clearly stated in the jobactive deed below:
If your job agency has penalised you, but has not contacted you to see if you had a ‘reasonable excuse’ (defined broadly as something a member of the public would consider “reasonable”), you have been mistreated. What can you do?
- Contact your job agency, and Centrelink participations team (1300 306 325) immediately and demand they reinstate your payment.
- Report this illegal behaviour to the Department of Employment (1800 805 260).
- Write a letter to your job agency demanding an explanation for this poor behaviour.
At Centrelink
When Centrelink imposes a penalty on an unemployed worker (such as a “No Show No Pay” Penalty), the Department of Human Services are obliged to make contact with the unemployed worker to make sure that a reasonable excuse does not exist.
Below is a quote from Melissa Ryan (General Manager, Participation Division, Department of Human Services) taken from the Senate Education and Employment Legislation Committee (13 November 2015) explaining this point:
If you have been penalised by Centrelink but they have not contacted you to see if you had a ‘reasonable excuse’ (defined broadly as something a member of the public would consider “reasonable”) you have been mistreated.what can you do?
- Contact your job agency/Centrelink participations team (1300 306 325) immediately and demand they reinstate your payment.
- Report this illegal behaviour to the Department of Human Services by calling them (1800 132 468) or writing to them.