Period of Service, Suspensions and Exits Guideline

Period of Service, Suspensions and Exits Guideline
Document change history
Version
Start date
Effective date
1.0
01 07 15
01 07 15
End date
Change and location
Original version of document
Explanatory Note
All capitalised terms have the same meaning as in the jobactive Deed 2015–2020. In this document, ‘must’
means that compliance is mandatory and ‘should’ means that compliance represents best practice and that
compliance is discretionary.
Disclaimer
This Guideline is not a stand-alone document and does not contain the entirety of Employment Services
Providers’ obligations.
It must be read in conjunction with the Deed and any relevant Guidelines or reference material issued by
Department of Employment under or in connection with the Deed.
Summary
This Guideline:
•
•
outlines how a Stream Participant’s Period of Service is calculated, including the impact of Suspensions
identifies the circumstances under which Stream Participants can be Exited from Employment Provider
Services and the Employment Provider’s responsibilities in relation to performing Provider Exits.
Policy Intent
A Stream Participant’s Period of Service tracks the time they spend in each Stream and phase to ensure they are
Serviced appropriately. Suspensions are periods when Stream Participant’s are not required to participate in
Services.
Stream Participants are Exited when they are no longer eligible for Services or no longer required to participate.
Most Exits are automatic to reduce the red tape burden on Employment Providers. To ensure flexibility, in some
instances Employment Providers can use their discretion and manually Exit Stream Participants.
Relevant Deed Clause/s
Relevant clauses in the jobactive Deed 2015–2020 (the Deed) include:
•
•
•
•
•
•
•
•
•
Annexure A1—Definitions
Clause 75—Volunteers
Clause 78—Direct Registration of Stream Participants without a Referral
Clause 92—Effect of Suspensions
Clause 93—Suspensions
Clause 94—Effect of Exits
Clause 95—Exits
Clause 96—Other Suspensions and Exits
Clause 102—SPI Participants
jobactive Period of Service, Suspensions and Exits Guideline
TRIM ID: EM15/000984
Effective Date: 1 July 2015
1
•
•
Clause 103—Stream A (General) Participants
Clause 104—Stream B (General) Participants and Stream C Participants.
Relevant references
Reference documents relevant to this Guideline include:
•
Mutual Obligation Requirements (including Annual Activity Requirements) Guideline.
Period of Service, Suspensions and Exits Process
Process
Details
Period of Service
The Period of Service for a Stream Participant is calculated in line with the Period of
Service definition in Annexure A1 and clause 92 of the Deed.
Deed clause references:
• Clause 92
• Clause 93
• Clause 102
• Clause 103
• Clause 104
• Annexure A1—
Definitions
The Period of Service starts when a Stream Participant Commences in a Stream and
ends when the Stream Participant:
•
•
•
is Exited
moves to another Stream, except in the case of an SPI Participant who moves
from Stream A to Stream B and remains an SPI Participant, or
if they are a Volunteer, has received a total of six months of Stream A Services
(if they were not Exited prior to the end of six months of Service).
Stream Participants will move between the relevant phases of their Stream at specific
points in their Period of Service. Refer to Chapter B2 of the Deed, specifically sections
B12, B13, and B14.
Note: Volunteers will be automatically Exited after they reach six months’ Period of
Service in Stream A and will not move into the Work for the Dole Phase.
Note: Stream Participants may elect to participate in Work for the Dole while in the
Case Management Phase. This participation will not move the Stream Participant into
the Work for the Dole Phase early.
Suspensions and
Volunteer Periods
Deed clause references:
• Clause 92
• Clause 93
• Clause 96
• Annexure A1—
Definitions
Stream Participants can be Suspended from Service where they are:
•
•
•
a Fully Eligible Participant:
o with an Exemption applied by the Department of Human Services
o fully meeting their part-time Mutual Obligation Requirements
o aged 55 years or over and are meeting their Mutual Obligation
Requirements by participating in 30 hours a fortnight of paid work,
voluntary work, or a combination of these
o with a temporary reduced work capacity of less than 15 hours per
week
o identified as a PCW Participant who has a current and future work
capacity of less than 15 hours per week.
a Volunteer who is experiencing a situation that affects their ability to
participate for a specified period, or
participating in the Green Army Programme.
A Fully Eligible Participant with Mutual Obligation Requirements may notify their
Employment Provider that they have elected to participate voluntarily in Services
while they are Suspended after:
•
•
being contacted by their Employment Provider to discuss and agree to
voluntarily participate while Suspended
notifying the Department of Human Services who will either call their
Employment Provider or book an Appointment for them, or
jobactive Period of Service, Suspensions and Exits Guideline
TRIM ID: EM15/000984
Effective Date: 1 July 2015
2
Process
Details
•
directly contacting their Employment Provider to request Services.
If a Suspended Fully Eligible Participant advises that they are electing to voluntarily
participate in Services, the Employment Provider must provide Services to the
Participant (see clause 93.4 of the Deed). Fully Eligible Participants on a preclusion
period may also elect to participate voluntarily in Services.
Where a Suspension ends, Employment Providers must resume delivery of
Employment Provider Services (see clauses 93.3, 93.5, 93.6, 93.9 of the Deed as
relevant).
Fully Eligible Participant– In most cases, Stream Participants will be Exited automatically from Employment
Provider Services. This automatic Exit is an Effective Exit and can occur when:
Eligibility for Provider
• a Volunteer has reached a maximum of six months Period of Service in Stream
Exit
Deed clause reference:
• Clause 95
• Annexure A1—
Definitions
•
•
A
a Fully Eligible Participant:
o has stopped receiving an eligible Income Support Payment
o is fully meeting their Mutual Obligation Requirements and no longer
needs to remain fully connected to the Provider
o is commenced in Disability Employment Services or the Remote Jobs
and Communities Programme, or
they become a NEIS Participant.
There are some situations where an automatic Exit will not occur but a Fully Eligible
Participant may be eligible for a Provider Exit which is processed manually by the
Employment Provider. These situations are where a Fully Eligible Participant:
a) has a Partial Capacity to Work (PCW):
i.
of less than 15 hours per week, or
ii.
of 15 hours or more per week and is meeting their Mutual Obligation
Requirements through 30 hours or more per fortnight of paid work
and/or study*.
b) is a Principal Carer Parent (PCP):
i.
and has a long-term Exemption (end date longer than 16 weeks), or
ii.
is meeting their Mutual Obligation Requirements through 30 hours or
more per fortnight of paid work and/or study*.
*Participation in the approved activity must be likely to be ongoing, or last more than
13 weeks.
Note: In relation to the situations described above, in most cases the Fully Eligible
Participant will be Suspended from Service due to meeting their participation
requirements [a(ii) and b(ii)], or not required to participate in employment services
[a(i) and b(i)].
•
•
•
PCPs aged 55 years or older may also meet their Mutual Obligation
Requirements through undertaking approved voluntary work (or a
combination of voluntary work and paid work) of at least 30 hours per
fortnight. They cannot be Exited and must remain connected to their
Employment Provider
PCPs who are also Early School Leavers must comply with the requirements
for this group, including the activities that can and cannot be included in their
Job Plan. Refer to the Employment Provider Services Mutual Obligation
Requirements (including Annual Activity Requirements) Guideline
has no Mutual Obligation or is not a Disability Support Pension Recipient
(Compulsory Requirements) and no longer wishes to participate. This includes
jobactive Period of Service, Suspensions and Exits Guideline
TRIM ID: EM15/000984
Effective Date: 1 July 2015
3
Process
Details
Vulnerable Youth and a Vulnerable Youth (Student), Labour Adjustment
Package/Structural Adjustment Package job seekers, and Pre-release
Prisoners.
Where a Fully Eligible Participant advises their Employment Provider that they wish to
Exit, the Employment Provider should use their discretion to determine whether a
Provider Exit is appropriate. The decision to Exit a Fully Eligible Participant should take
into account the following:
•
•
Is the Fully Eligible Participant eligible for a Provider Exit (see above)?
Is a Provider Exit appropriate? The Employment Provider should consider
whether the Fully Eligible Participant
o wishes to access Services in the future
o is currently tracking towards an Outcome Payment, or has a pending
Outcome Payment claim
o is receiving Post-Placement Support
o is in an activity that is likely to be ongoing (or last more 13 weeks) in
situations a(ii) and b(ii) above
o is aware of the Services that the Employment Provider can offer.
Where the Employment Provider determines that it is appropriate to Exit the Fully
Eligible Participant, the Employment Provider must record this in the Department’s IT
Systems.
Note: Mature age (55+) Fully Eligible Participants who are satisfying their Mutual
Obligation Requirements are not eligible for a Provider Exit and are still required to
accept appropriate full-time employment and remain connected to their Employment
Provider under Social Security Law.
Provider Exit not
actioned
Deed clause references:
• Clause 93
• Clause 95
• Annexure A1—
Definitions
Volunteer no longer
wishes to participate
Deed clause references:
• Clause 93
• Clause 95
• Annexure A1—
Definitions
The Employment Provider must advise a Fully Eligible Participant when they are not
eligible for a Provider Exit and they must continue to deliver Employment Provider
Services:
•
•
•
in accordance with the Deed
once the Fully Eligible Participant's Suspension ends (see clause 93.2 of the
Deed), or
where the Fully Eligible Participant elects to voluntarily participate in Services
while Suspended (see clause 93.4 of the Deed).
A Volunteer may at any time advise their Employment Provider that they no longer
wish to participate in Employment Provider Services. When this occurs, the
Employment Provider must inform the Volunteer of the six month limit to their
eligibility for Employment Provider Services (see clause 95.6 of the Deed). Depending
on the individual circumstances of the Volunteer, they may choose to:
•
•
•
continue to receive Employment Provider Services (see clause 75 of the Deed)
be Suspended (see clause 93 of the Deed), or
be Exited (see clause 95.6 of the Deed).
Note: An Employment Provider must resume the delivery of Employment Provider
Services to a Volunteer where they return to services within 13 Consecutive Weeks
after the date of Exit and have not received a total of six months of Services as a
Volunteer.
jobactive Period of Service, Suspensions and Exits Guideline
TRIM ID: EM15/000984
Effective Date: 1 July 2015
4
Process
Details
Volunteer has a
significant change in
circumstances
A Volunteer who has already received Stream A Services for a total of six months is no
longer eligible for assistance as a Volunteer (see clause 75.3).
Deed clause references:
• Clause 75
• Clause 95.6
• Clause 95.7
• Annexure A1—
Definitions
A former Volunteer may subsequently experience a significant change in individual
circumstances which results in their core eligibility for Employment Services changing
from a Volunteer to a Fully Eligible Participant. Where this happens, the Employment
Provider must provide Services to the Stream Participant according to their Stream.
jobactive Period of Service, Suspensions and Exits Guideline
TRIM ID: EM15/000984
Effective Date: 1 July 2015
5