1.1     Employment Service Provider’s Service Guarantees

The Service Guarantee for jobactive reflects the Australian Government’s expectations of jobactive providers. It sets out the minimum level of service each job seeker can expect to receive

What you can expect from your jobactive provider:

Your jobactive provider will:

• work with you to develop your Job Plan. This sets out the services you will receive and the minimum requirements you need to meet while you are on activity tested income support
• identify your strengths and any challenges you face to increase your job readiness
• refer you to suitable jobs
• match you to suitable Work for the Dole placement (where appropriate)
• reassess your needs if your circumstances change
• help you with wage subsidies of relocation assistance (where appropriate)
• keep in contact with you and your employer once you have started a job
• provider the services that are set out in their Service Delivery Plan
• treat you fairly and with respect in a culturally sensitive way

Department of Employment Service Guarantee for jobactive

1.2      Employment Service Code of Practice

Organisations contracted to deliver Australian Government funded employment services have agreed and are committed to observe the Employment Services Code of Practice. The Code of Practice sets out the principles and standards that underpin the delivery of employment services and other services to increase employment outcomes and participation in economic activities in Australia especially for disadvantaged client groups.

We commit to helping each job seeker find their pathway into employment by:

• Meeting the Service Guarantees
• Tailoring assistance to the job seekers’ personal circumstances, skills, abilities and aspirations.
• Using available Government funding appropriately to support job seekers
• Treating every job seeker fairly and with respect
• Providing a fair and accessible feedback process

                                                                                                       Employment Services Code of Practice

1.3        Your Rights to Carefully Consider Your Job Plan

Under the jobactive system, job seekers are entitled to negotiate an appropriate job plan. However, Employment Service Providers are known to threaten unemployed workers with penalties if they do not agree to the terms they want. This is illegal.

Employment Service Providers cannot penalise job seekers for not signing their job plan on the first appointment. Job seekers can only be penalised for not signing the Job Plan after the second appointment.

As noted in the Job Seeker Compliance Framework Guideline, a failure to enter into a vary a job plan penalty is submitted:

when the job seeker attended their Appointment but did not enter into a Job Plan or did not agree to their Job Plan on the Australian JobSearch website in the required timeframe. DHS will investigate the incident with the job seeker and will book another Appointment with their Provider for them to sign the Job Plan. If the first failure is applied by DHS and the job seeker again refuses to enter into/vary their Job Plan, an ongoing failure to meet a condition of their payment may exist. If DHS confirms this, the job seeker’s payment may be cancelled from the date of the second refusal
                                                                                                                                

Job Seeker Compliance Framework Guideline, p. 9

This means that job seeker have to right to take the Job Plan home read it over carefully, and get advise if necessary. This is known as ‘Think Time’:

Job Plan Guideline, p. 8

1.3.1        Negotiating a Fair Job Plan

Providers must consider the job seeker’s individual circumstances, including their work capacity where relevant, personal needs, caring responsibilities and capacity to comply with the requirements. According to the Job Plan Guideline:

Job Plan Guideline, pp. 3-4

1.3.2        Updating your Job Pan due to Changing Circumstances

If the unemployed worker’s job plan does not accurately reflect their situation, Employment Service Providers are obliged by law to change it immediately.

The Job Plan must be regularly updated and must take into consideration the job seeker’s individual circumstances, including whether they have part-time or full-time Mutual Obligation Requirements.

An initial Job Plan must be created at the Initial Interview with a job seeker to enable Commencement in Services.
Providers must regularly review (and as required, update) the Job Plan, including:

• when the job seeker’s circumstances change

• when the job seeker enters into a new phase of their Stream

• when the job seeker enters in to a new Stream
• when the job seeker completes an Activity that was in their Job Plan

• if the job seeker decides to undertake a Compliance Activity in order to avoid an eight-week non-payment penalty under the job seeker compliance framework.

Even if there is no obvious change in a job seeker’s circumstances, the content of their Job Plan should be reviewed regularly to ensure that all requirements are up to date and remain relevant.

                                                                                                                                  Job Plan Guideline, pp. 2-3

1.3.3     Ensuring your limited Work Capacity is Recognised

Job Plan Guideline, p. 4

1.3.4     What must not be Included in a Job Plan

Job Plan Guideline, pp. 2-3

1.4       Different Mutual Obligation Groups

1.4.1  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

1.4.2   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

1.4.3   Your Right to a Principal Carer Parent Consideration

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

1.4.4    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.

1.4.5    Your Right to Choose your Own Approved Activity

Mutual Obligations Guideline, p. 12

1.4.6    Your Right to be Exempt from Work for the Dole

Mutual Obligations Guideline, p. 5

Additionally see above section on Temporary Reduced Capacity for Work, Partial Capacity to Work, and Principal Carer Parent

1.5   Changing Providers Due to Change of Address

If you change address you and you become closer to another provider, you are within your rights to request a transfer:

A Stream Participant [Newstart recipient] may, at any time be transferred from the provider to another Employment Provider:

1. by DHS or the Department, where the Stream Participant moves to a new location that is not within a reasonable distance of a Site of the Provider

                                                                                                                                                       Jobactive Deed 2015-2020, Section 81.1

When a Stream Participant notifies the Department of Human Services or their Employment Provider that they have changed their address, the Department’s IT Systems will determine whether the Stream Participant needs to be transferred.

The determination will be based on whether:

• the Stream Participant has moved to a new Employment Region
• the Stream Participant’s current Employment Provider has a Site that services their new address
• the Stream Participant has relocated to a remote location covered by the Remote Jobs and Communities Programme (not covered by this Guideline).

Note: Employment Provider Sites are mapped to postcodes in the Department’s IT Systems.

Where the Stream Participant changes their address and their current Employment Provider has a Site that services their new residential postcode, the Stream Participant will be automatically transferred to that Site (unless they are already connected to that Site).

Where the Stream Participant’s new address is not serviced by a Site of their current Employment Provider, the Department’s IT Systems will automatically transfer the Stream Participant to another Employment Provider in accordance with clause 81.1(a) of the Deed.

Note: Where the Stream Participant wishes to remain with their current Employment Provider, they can request a transfer back to a Site of their current Employment Provider in accordance with this Guideline.

Note: The exception to this transfer process is where a Stream Participant is subject to a Relocation Assistance to Take Up a Job Agreement. In this case the Stream Participant will not be transferred as a result of a change of address

Transfers Guideline, p. 2

1.5.1   Changing Providers by Agreement

Stream Participants may transfer to a new Employment Provider if their current Employment Provider, their proposed Employment Provider and the Stream Participant all agree to the transfer

A request for a transfer by agreement must be completed by both the current and proposed Employment Providers and the Stream Participant.

There are two options for lodgement:

1. Lodgement on the Australian JobSearch website

• A request for a transfer by agreement can be lodged electronically via the Australian JobSearch website [call the JobSearch website on 13 62 68 for advise]
• The Stream Participant commences the process by lodging a request on the Australian JobSearch website. The Stream Participant’s request will first be sent to the proposed Employment Provider for agreement
• If the proposed Employment Provider agrees, the transfer request will be sent to the Stream Participant’s current Employment Provider.

If both Employment Providers agree, the Stream Participant will be automatically transferred. The current and proposed Employment Providers must action the request for a transfer by agreement within three business days of receiving the request otherwise the request will be automatically declined.

Note: If either the current or the proposed Employment Provider declines the request, the transfer will not be actioned and the reason will be entered into the online form. The form will then be sent to the Stream Participant.

2. Lodgement through the Employment Services System (ESS)

A transfer by agreement request can also be lodged in the Department’s IT Systems using the Transfer by Agreement Form, which is available on the Provider Portal and the Department’s public website:

• When all parties agree and sign theTransfer by Agreement Form, the current Employment Provider must enter the details into the Department’s IT Systems to action the transfer. The current Employment Provider must retain a copy of the signed form
• Where either the current or the proposed Employment Provider declines the transfer request, they should be informed of the outcome of the request.

Note: Stream Participants with a current Level 3 Incident Report (refer to the Servicing Job Seekers with Challenging Behaviours Guideline) and Pre-release Prisoners cannot have their transfer completed through the Australian JobSearch website.

The Employment Provider of a Stream Participant with a current Level 3 Incident Report (including Pre-release Prisoners) must contact the Department’s Employment Systems Help Desk on 1300 305 520 to facilitate a transfer where agreement has been reached by all parties. Pre-release Prisoners will need to use the Transfer by Agreement Form which the current Employment Provider must lodge using ESS, as outlined above.

  Transfers Guideline, p. 2-3

1.5.2   Changing Providers Due to Relationship Failure

A stream Participant may, at any time, be transferred from the Provider to another Employment Provider by the Department where the Department is satisfied that:

1. The Stream Participant [Newstart recipient] will receive services that could better enhance their Employment prospects from the other Employment Provider; or
2. The Stream Participant and the Provider are unable to achieve or maintain a reasonable and constructive servicing relationship, as determined by the Department

 Jobactive Deed 2015-2020, 81.1 (b)

Where the Department determines that the relationship between the Employment Provider and the Stream Participant has broken down, the Department will transfer the Stream Participant to another Employment Provider (see clause 81.1(b) of the Deed) where one is available.

Stream Participant initiated request

Where a Stream Participant considers that it cannot maintain a reasonable and constructive relationship with their Employment Provider, they can contact the Department’s National Customer Service Line. A customer service officer will record the request and help to make the transfer where appropriate.

Employment Provider initiated request

Where an Employment Provider considers that it cannot maintain a reasonable and constructive servicing relationship with a Stream Participant, it can complete the Transfer Due to Relationship Failure Form and forward this to the Department’s National Customer Service Line for investigation. The Department will consider the request based on the evidence provided, including whether the Employment Provider has followed the process outlined in the Servicing Job Seekers with Challenging Behaviours Guideline.

Approval/transfer process

Where the Department’s National Customer Service Line approves a transfer due to relationship failure, it will select an alternative Employment Provider where one is available. In doing so it will take into account a range of factors, including Star Ratings and provider location, and facilitate the transfer of the Stream Participant. The Stream Participant will be sent a letter advising them of their new Employment Provider and the date and time of their next appointment.

Where the Department’s National Customer Service Line does not approve the transfer, it will notify the Employment Provider and/or the Stream Participant in writing. If the Employment Provider and/or Stream Participant are not satisfied with the outcome, they can request a review of the decision by notifying the Department’s National Customer Service Line in writing within 14 business days of the original decision.

Review process

Where the Employment Provider and/or Stream Participant request a review of the original decision, it will be undertaken by a Departmental officer who was not involved in the original approval process. In undertaking the review, the Departmental officer should consider whether the Employment Provider has applied the strategies outlined in the Servicing Job Seekers with Challenging Behaviours Guideline.

If the outcome of the review is that the request for transfer is approved, the Department’s National Customer Service Line will action the transfer using the process outlined earlier in this section.

Where the outcome of the review is that the request for transfer is not approved, the Employment Provider and/or Stream Participant will be notified in writing and the Employment Provider must continue to provide Services to the Stream Participant.

Transfers Guideline, p. 4

1.5.3   Changing Providers for Better Servicing

A stream Participant may, at any time, be transferred from the Provider to another Employment Provider by the Department where the Department is satisfied that:

1. The Stream Participant [Newstart recipient] will receive services that could better enhance their Employment prospects from the other Employment Provider; or
2. The Stream Participant and the Provider are unable to achieve or maintain a reasonable and constructive servicing relationship, as determined by the Department
   

Jobactive Deed 2015-2020, 81.1 (b)

Where a Stream Participant has demonstrated to the Department’s satisfaction that they will receive better Services from another Employment Provider, the Stream Participant may be transferred to that Employment Provider (see clause 81.1(b)).

To request a transfer, a Stream Participant may contact the Department’s National Customer Service Line, which will assess the request. Where the Department determines that the Stream Participant has demonstrated that they will receive better servicing from another Employment Provider, the Department will action the transfer. Where the Department does not agree to the request, the Stream Participant will be informed of the decision.

Transfers Guideline, p.4 

1.5.4   Changing Providers Due to ‘Maximum Time with Provider’ Policy

A stream Participant may, at any time, be transferred from the Provider to another Employment Provider by the Department where:

1. a Stream A Participant’s Period of Registration exceeds 24 months; or
2. a Stream B Participant or Stream C Participant’s of Registration exceeds 36 months; and

• they remain unemployed

unless:

1. the Stream Participant achieves an Employment Outcome, in which case the time under clause 81.1(d) (i) and (ii) runs from the date of the achievement of the Outcome; or
2. there is no available Employment Provider in the relevant Employment Region for the Stream Participant to transfer to.

Jobactive Deed 2015-2020, 81.1 (d)

Additionally, please note that:

• The Period of Registration pauses for Suspensions
• Under the Maximum Time with Provider policy the term ‘remain unemployed’ means that the Employment Provider has not claimed a Full Outcome or Partial Outcome for the Stream Participant over the relevant period. When an Outcome Payment is claimed, a new two-year/three-year period commences.

The maximum time with provider transfer will not occur when a Stream Participant is:

• commenced in a job placement that is tracking towards an Outcome Payment
• participating in a work for the dole place or other activity to meet their annual activity requirement
• relocating for employment through Relocation Assistance to Take Up a Job, has signed agreement in place and has an ‘expected to start’ job placement recorded in the Department’s IT Systems.

When the Job Seeker Placement ends or the Job Seeker Placement does not lead to a four-week or 12-week Outcome Payment, the Stream Participant will be transferred. When the participation in the Work for the Dole Place or other activity ends the Stream Participant will be transferred.

The Department will take into account a range of factors when determining which Employment Provider the Stream Participant will transfer to, including the Stream Participant’s proximity to the gaining Employment Provider; and the gaining Employment Provider’s Star Rating.

Where a Stream Participant is transferred under the Maximum Time with Provider policy, the Stream Participant can request a transfer for better servicing or transfer by agreement. However, they cannot move back to their original Employment Provider unless there are exceptional circumstances.

Transfers Guideline, p.5

1.6      Your Right to a ‘Reasonable Excuse’

Before your Employment Service Provider can issue a Provider Appointment Report to recommend to Centrelink that you should face a financial penalty for failing to attend an appointment or activity, they must contact you on the day of being made aware of the compliance to ensure a reasonable excuse “does not exist”.

This means that if your Employment Service Provider issues you with a financial penalty without contacting to see if you have a reasonable excuse, the penalty is illegal.

As stated in the Job Seeker Compliance Framework Guideline

“A Provider Appointment Report (PAR) can only be submitted after contact has taken place between the Provider and job seeker to confirm Reasonable Excuse does not exist.”                                                 

Job Seeker Compliance Framework Guideline, p. 9

1.6.1     Reasonable Excuse Definition

Under Social Security Law, a reasonable excuse has a very vague definition. Below is a excerpt of the Job Seeker Compliance Framework issued by the Government:

“When determining whether a reason for non-attendance is valid, Providers will need to use their judgement and knowledge of the job seeker. Generally, the measure of ‘validity’ is whether a member of the public would accept the circumstances as reasonable. For example, given that the focus is for job seekers to develop work-like behaviours and move into sustainable paid employment, would the reason that the job seeker provides be accepted by an employer?

Based on the discussion with the job seeker, the Provider must assess whether the jobseeker had a Reasonable Excuse for failing to comply with the requirement. A ‘Reasonable Excuse’ is an excuse that would seem reasonable to a member of the public. Given that each situation is different, Providers need to consider what is reasonable in the specific context of the non-compliance.

There are two stages in assessing whether the job seeker has a Reasonable Excuse for failing to comply with the requirement:

Providers must consider why the job seeker did not comply.

If the job seeker provides an acceptable reason, the Provider must then consider why the job seeker did not give prior notice. Where a job seeker does not give prior notice of their inability to attend and it would be reasonable to have expected them to do so, they do not have a Reasonable Excuse. In some instances, prior notice will not be relevant for Providers to consider—for example; inappropriate behaviour or declining suitable paid employment”

Job Seeker Compliance Framework Guideline, p. 6-7

1.6.2     Unreasonable Excuse Determination

For an Employment Service Provider to find an Unemployed Worker’s excuse unreasonable the Employment Service Provider are required to meet the following requirements:

• Providers must ensure they have mechanisms in place in their organisation to allow job seekers to make timely contact with their Provider—for example, answering machine, dedicated job seeker phone lines or the ability to accept reverse charge phone calls from job seekers.
• The attempt to contact the job seeker can only be made by phone or email, because the decision on the next steps (that is, whether the compliance framework should be utilised) must be made on the same Business Day.
• The Provider then needs to determine what is acceptable in the context of the specific situation. Providers must consider why the job seeker was unable to meet their requirements and whether it is a valid excuse for non-attendance.
• Providers should consider the degree of flexibility afforded to the job seeker in the past and what effect has this had on the job seeker’s compliance with requirements (for example, have there been many instances of non-attendance or have Appointments/activities repeatedly been rescheduled).
• In instances where a job seeker makes contact before their requirement but did not have a Valid Reason for not being able to meet their requirement and was advised that they were still required to attend, the Provider must still attempt to contact the job seeker on the same day that they miss that requirement and document this attempt in the Department’s IT Systems. This is to confirm that no other circumstances prevented the job seeker from attending. Unless other circumstances prevented the job seeker from attending, the job seeker does not have a Valid Reason for non-compliance.

Job Seeker Compliance Framework Guideline, p. 6

1.6.3        Your Right to Reasonable Notice

If you are required to attend an appointment or activity, your Employment Service Provider must ensure that it gives reasonable notice ahead of the Appointment or day of the activity. Reasonable notice gives Unemployed Workers sufficient time to prepare for the requirement – for example, to arrange transportation.

So what is reasonable notice?

It depends on how you are contacted.

• If your provider contacts you by phone, face to face, or handed a letter to organise an appointment or activity, you must be given 3 Calendar days notice. 

Note: If you are contacted by phone, the provider must speak directly to the job seeker.

• If you are contacted you by email (only available when it is the job seeker’s notification preference), you must be given 2 business days notice. 

Note: For an email notification to be valid, Providers must ensure that the job seeker has read and understood the email—for example, by using a ‘read receipt’—at least one day before the Appointment or activity. Where the job seeker does not respond to email notification, another method should be used.

• If you are contacted by mail, you must be given 4 business days notice.

Job Seeker Compliance Framework Guideline, pp. 4-5

If formal notification was not given adequately, then Providers cannot punish job seekers:

Recording job seeker notifications Providers must keep a record of all notifications issued to a job seeker through the Department’s IT Systems. If a Provider subsequently decides to use the job seeker compliance framework, they need to show that formal notification was issued to the job seeker so that DHS can be satisfied that the job seeker was properly notified and fully aware of their requirements.

Job Seeker Compliance Framework Guideline, p.5

However, according to Social Security Law the Employment Service Providers can simply by-pass these rules by simply organising an appointment or activity directly with the unemployed worker as long as they agree:

“Where an Appointment or participation in an activity has been arranged directly between the Provider and job seeker and the job seeker has indicated their intent to attend, reasonable notice is considered to have been given, even if the Appointment or participation in the activity is on the same day as the notification”

                                                           Job Seeker Compliance Framework Guideline, p. 5

This relies on the job seeker not knowing their rights. If your Employment Provider tries to organise an appointment or activity without the required notice, simply inform them of your rights.

1.6.4       Rescheduling an Appointment after a Penalty

After submission of either a Non-Attendence Report or Provider Appointment Report (PAR) and following successful contact taking place with the job seeker, Providers are responsible for re-engaging job seekers by booking Appointments that must be scheduled to occur within the next two Business Days of contact occurring with the job seeker.

For all Participation Reports and Provider Appointment Reports submitted, DHS will investigate the incident to determine if a failure occurred, which includes whether Reasonable Excuse existed and whether a participation failure should apply and why. DHS will inform the job seeker of any penalties applied. Providers must have timeslot capacity at all times in the Department’s IT Systems to ensure that DHS can book an Appointment for a job seeker within the next two Business Days.

  Job Seeker Compliance Framework Guideline, p. 11

Where DHS decides that a penalty should be applied, the job seeker will lose a day’s income support payment for each Business Day from the date they were notified of the payment suspension until they do attend a Re-engagement Appointment.

Job Seeker Compliance Framework Guideline, p. 9

1.7  Your Right to Reject Unsuitable Work

Unsuitable Work is defined as follows:

Work may be unsuitable for a job seeker if it:

• involves skills, experience or qualifications that the person does not have, and appropriate training will not be provided by the employer,
  
• is above the job seeker’s assessed work capacity within the next 2 years with intervention,
• may aggravate a pre-existing illness, disability (1.1.D.160) or injury and medical evidence has been provided,
• involves health or safety risks and would contravene an occupational health and safety law,
• the job seeker is a principal carer of a child or children under SSAct section 5(1) and appropriate care and supervision of the child/ren is not available during the hours the person would be required to work,
• the terms and conditions for the work are less generous than the applicable statutory conditions,
• involves commuting from home to work that would be unreasonably difficult,
• involves enlistment in the Defence Force or the Reserve Forces,
• requires the person to change residence, or
• in the Secretary’s opinion, is unsuitable for any other reason.

Note: While there is a general provision that work may be unsuitable for a job seeker if it requires them to move from a home in a place to a home in another place, where a job seeker voluntarily seeks and is offered permanent full-time work that is located more than 90 minutes travelling time from their home or local area, they are subject to the seeking work out of local area provisions outlined later in this topic.

Guide to Social Security Law, 3.2.8.60

Other reasons Work may be considered unsuitable:

The main reason a job may be considered unsuitable for other reasons is if the job seeker considers the work to be unsuitable on moral, cultural or religious grounds. The following criteria should be considered to ensure that the job seeker’s objections are genuine:

• is there evidence of adherence to a particular set of ethical, moral or religious values?
• is the lifestyle and practices of the job seeker, as far as can be determined, consistent in regard to the particular issue?
• has the job seeker previously refused a number of positions based on a wide range of religious or moral grounds?
• is there evidence to consider the job seeker is not genuine in their objection?

Work would also be considered unsuitable if it is not consistent with prevailing community standards. For example, a job seeker would not be expected to take up work in the sex industry, even if such work were legal in the state or territory in which it was offered.

Work can also be considered unsuitable if it is the subject of industrial dispute.

Note: While all job seekers are required to accept suitable work to the level of their capacity, job seekers who are undertaking education or training that is included as a compulsory item in their Job Plan are only required to accept a job that fits around the timing of their training. This is to ensure that the job seeker can complete their training.

Guide to Social Security Law, 3.2.8.60

It is important to note that if an unemployed worker refused or left an unsuitable job they will not lose payment.

1.7.1  Unsuitable Work for People with Partial Capacity to Work

In addition to the reasons outlined above, a job may be regarded as unsuitable for a person with a partial capacity to work if:

• it does not provide appropriate support or facilities to take account of the illness, disability or injury, OR
• if the total cost of participating in employment means that the person with a partial capacity to work would be financially worse off as a result of undertaking the work.

In making a determination on the total cost of participating in employment, the delegate should consider the potential financial impacts of accepting that work upon a person with a partial capacity to work in the next complete fortnight. The following essential costs should be taken into consideration when assessing these financial impacts at the time the job offer is made:

• personal care requirements incurred by the job seeker to get ready for work or while on the job,
• disability aids required for participation in the job which are not covered by the employer, or
• the cost of travel to and from the job by the job seeker’s normal means of transport.

Example 1: Mike has chronic pain which makes walking long distances difficult. Mike is offered a job of 15 hours per week as a receptionist for a local accountant. Mike can drive to the job in his car but there is no accessible parking located near the office. The nearest parking is 500 metres away. Walking this distance to and from his car to work would aggravate Mike’s condition. There is no other accessible transport available to Mike, therefore the job is not suitable.

Example 2: Sarah’s aunt comes around at 10am each morning to help Sarah shower. Sarah is offered a job that requires her to start work at 8:30am, 3 times a week. In order to accept the job, Sarah would have to pay for a private carer to help her shower as her aunt is unable to come any earlier. This job would be considered unsuitable due to cost of hiring a private carer. In addition, Sarah’s transport costs would leave her financially worse off.

Example 3: Julia has an acquired brain injury which has resulted in her having difficulties concentrating for long periods of time. She is offered a job as a telephone switch operator. The job cannot be adapted to accommodate her disability, therefore the job would be considered unsuitable.

Guide to Social Security Law, 3.2.8.60

 

1.7.2  Your Right to Suitable Work

Part of the definition of Suitable Work is that the workplace must meet the general legal requirements. These requirements are known as applicable statutory conditions. These conditions are as follows:

 

• if the work would be covered by the Australian Fair Pay and Conditions Standard, the minimum terms and conditions for the work under that Standard,

• if the work would also be covered by a transitional award – the minimum terms and conditions for the work under the transitional award, so far as the terms and conditions relate to rates of pay and casual loadings, or

• if the work would not be covered by the Australian Fair Pay and Conditions Standard, the minimum terms and conditions for the work under the relevant state or territory agreement or award.

Guide to Social Security Law, 3.2.8.60

 

1.8 Refusing to Complete a ‘Pre-Employment’ Survey

The Australian Unemployment Union have been informed by a number of unemployed people that some Employment Service Providers are trying to force Newstart recipients to fill out a ‘pre-employment’ survey (click here to view a survey provided by Employment Plus).

It is important to know that no where in the mutual obligation requirement guideline does it say that Newstart recipients have to fill out a survey to fulfil their requirements. Consequently, they are voluntary. Any Employment Service Provider that says you need to fill out a survey to fulfil your mutual obligation requirements, or gives you the impression that you have to, they are breaking social security law.

There are serious concerns that Employment Providers are allowing this information into the hands of third parties who are using it for their own vested interests.

Have you been forced to fill out a survey?

Make a complaint and call Centrelink’s complaints and feedback line on 1800 132 468 (free call unless from a public phone or mobile which may be timed and charged at a higher rate).

1.9  Job Search Streams

Mutual Obligations Guideline, p. 8

1.9.1  Your Right to Reduced Job Search Requirements

Mutual Obligations Guideline, p. 8

1.9.2  Paid Work Reducing Job Search 

Mutual Obligations Guideline, p. 9

1.9.3  Other Reasons for Reduced Job Search

Mutual Obligations Guideline, p. 9