PDF file of Comprehensive Compliance Assessments
Transcription
PDF file of Comprehensive Compliance Assessments
Comprehensive Compliance Assessments and Compliance Activities 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. The term ‘job seeker’ in this Guideline means any Fully Eligible Participant (Mutual Obligation). 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 covers the following topics relating to job seekers requirements: Comprehensive Compliance Assessments (CCA)—a holistic, specialist assessment conducted by the Department of Human Services (DHS) Serious Failure Penalty—which may be incurred when a job seeker fails to accept or commence a suitable job or as the result of DHS determining that the job seeker is persistently non-compliant following a CCA investigation Compliance Activities—activities that an Employment Provider (Provider) must immediately arrange for a job seeker to undertake instead of serving a Serious Failure Penalty (eight weeks without any income support). Policy Intent Comprehensive Compliance Assessments The purpose of a CCA is to ensure a holistic assessment occurs when a job seeker has difficulty meeting their Mutual Obligation Requirements. The assessment also needs to determine if the pattern of non-compliance is deliberate and wilful. The findings of the CCA are designed to inform the Provider’s future decisions about the job seeker's requirements, including any intervention recommendations to assist the job seeker to meet their requirements. jobactive Comprehensive Assessments and Compliance Activities Guideline Effective Date: 1 July 2015 TRIM ID: EM15/001030 1 Serious Failures A Serious Failure Penalty provides a strong, immediate incentive to job seekers who fail to accept or commence a suitable job or who are assessed as being deliberately and wilfully non-compliant. As these actions are the most serious forms of non-compliance, they need to have the most serious consequences for the job seeker. This is both to help the job seeker to modify their behaviour and to maintain the integrity of the social security system for the Australian tax-paying public. Compliance Activity Where a Serious Failure Penalty is applied, job seekers can choose to waive this by agreeing to participate in a Compliance Activity for the eight weeks of the penalty period. The purpose of the Compliance Activity is to encourage the job seeker to continue to engage with the services designed to help them find employment, while still ensuring there is a proportionate consequence to serious forms of non-compliance. Compliance Activities involve intensive participation that continues to support job readiness and skills development and will potentially promote a change in the non-compliant behaviour of the job seeker. Relevant Deed clause/s The relevant clauses in the jobactive Deed 2015–2020 (the Deed) include: Clause 117—Comprehensive Compliance Assessment Clause 118—Compliance Activities. Relevant references Reference documents relevant to this Guideline include: Learning Centre website Mutual Obligation Requirements (including Annual Activity Requirements) Guideline Job Plans Guideline Job Seeker Compliance Framework Guideline Social Security Act 1991 Social Security (Administration) Act 1999 Guide to Social Security Law Employment and Community Services Network (ECSN) —Reports—Compliance. Comprehensive Compliance Assessments Process Details What is a CCA? CCA investigations aim to determine whether a job seeker is being intentionally non-compliant, the job seeker is genuinely trying to meet their Mutual Obligation Requirements or other factors may have had an impact on the job seeker’s ability to participate. If appropriate, the job seeker may be referred to additional service options. When do job seekers have a CCA? A CCA will be automatically triggered when a job seeker has incurred either three applied failures for non-attendance at Appointments, not entering into a Job Plan or unsatisfactory Job Search or three applied No Show No Pay Failures in the last six months or since the last CCA was undertaken for the job seeker. A manual CCA can also be requested by Providers or DHS at any time if it is believed that an unknown aspect of the job seeker’s circumstances may be contributing to their non-compliance. Providers should include as much additional information as possible when completing the request. It must be submitted on the same Business jobactive Comprehensive Assessments and Compliance Activities Guideline Effective Date: 1 July 2015 TRIM ID: EM15/001030 2 Process Details Day that it was created. After submitting a CCA request, Providers should continue to service the job seeker as normal. While a CCA process is being undertaken, Providers will not be able to request a further manual CCA or report any other non-compliance in relation to the same job seeker for investigation by DHS. What is DHS’s role in this process? If the CCA was manually requested by a Provider, DHS will review the request. If insufficient evidence is provided or the CCA has been requested for inappropriate reasons, DHS will reject it. A CCA may also be returned to the Provider for review. CCA investigation The DHS specialist will gather evidence from the Department of Employment and the DHS IT systems and from third parties to determine why the job seeker appears to have a pattern of non-compliance The specialist will interview the job seeker to assess the impact of personal, family or other issues and how these may have affected the job seeker’s ability to participate. Any personal issues identified during the conversation will be considered by the specialist when recommending appropriate intervention strategies. During a CCA, Providers may be contacted by the specialist to provide further information in relation to the job seeker. CCA report and outcome The specialist will complete a CCA report containing relevant information identified in the assessment. This may include reasons for non-compliance, personal issues, suitability of the job seeker’s requirements and recommended interventions. DHS will then finalise the CCA and apply a Serious Failure (where they have determine the job seeker has been deliberately and wilfully non-compliant) or the job seeker will be found to be not deliberately and wilfully non-compliant. In the latter case, the CCA is finalised without penalty to the job seeker. If a Serious Failure has been applied and the job seeker has agreed to undertake a Compliance Activity, DHS will book a re-engagement Appointment into an available timeslot for the job seeker to attend with their Provider as quickly as possible. Providers should review the CCA report and consider interventions to put in place What does the Provider need to do for the job seeker. Providers will see one of the following CCA outcomes in the Department’s IT system: after a CCA is finalised without penalty completed? rejected Serious Failure applied o job seeker willing to undertake a Compliance Activity o job seeker serving eight-week non-payment penalty or o eight-week non-payment penalty waived due to financial hardship or limited capacity to undertake serious failure requirement. Where the CCA is ‘finalised without penalty’ or ‘rejected’, Providers should book a normal contact Appointment for the job seeker and issue formal notification as per usual arrangements. Where the Serious Failure is applied and the job seeker has decided to undertake a Compliance Activity, DHS will book a Compliance Activity Appointment in the jobactive Comprehensive Assessments and Compliance Activities Guideline Effective Date: 1 July 2015 TRIM ID: EM15/001030 3 Process Details Department’s IT system for the job seeker to attend with their Provider. At this Appointment, Providers must immediately arrange for job seekers to start participating in a Compliance Activity, update their Job Plan and monitor their participation. No Appointment will be booked if the job seeker chooses to serve their penalty. If the penalty is waived due to financial hardship, DHS will book a re-engagement Appointment for the job seeker to attend with their Provider. Interventions Providers can view the CCA summary on the Department’s IT system, together with any recommended interventions for action by Providers and DHS. Providers are able to record outcomes against these interventions. Serious Failures Process Details What does the Provider need to do if they become aware that one of their job seekers has not accepted or commenced in a suitable job? Where the Provider believes that a job seeker has refused to accept or start in a suitable job the Provider must attempt to contact the job seeker to assess if they had a Reasonable Excuse for not meeting this requirement. Where Providers do not believe there is a Reasonable Excuse, they must notify DHS by submitting a Serious Failure Participation Report (PR) in the Department’s IT system. Following the submission of a Serious Failure PR, DHS will apply or reject the Serious Failure based on their determination of whether the job was suitable and whether the job seeker had a Reasonable Excuse. DHS will notify the job seeker if they have incurred a Serious Failure Penalty of eight weeks without income support. Compliance Activities Process Details How and when does the Provider know the job seeker has elected to undertake a Compliance Activity? Providers will be notified that a job seeker has decided to undertake a Compliance Activity when DHS books a re-engagement Appointment into an available timeslot in the Department’s IT system for the job seeker to attend with their Provider. DHS will include important information in the Appointment booking, including the required duration of the Compliance Activity. How many hours does the job seeker need to do in a Compliance Activity? Depending on the job seeker’s Mutual Obligation Requirements, different Compliance Activity requirements apply. Generally, job seekers will need to participate in their activity every Business Day: Booking this Appointment will conditionally waive the Serious Failure Penalty. When the job seeker attends this Appointment, agrees to complete the activity as their Compliance Activity as included by their Provider in their Job Plan, the Serious Failure Penalty will be fully waived. job seekers with full-time Mutual Obligation Requirements must participate for 200 hours over eight weeks at 25 hours per week principal carer parents or job seekers with an assessed Partial Capacity to Work must participate for 120 hours over eight weeks at 15 hours per week. See Section 3.1.13.60—Compliance Activities in the Guide to Social Security Law for more details. jobactive Comprehensive Assessments and Compliance Activities Guideline Effective Date: 1 July 2015 TRIM ID: EM15/001030 4 Process Details If a job seeker is undertaking a Compliance Activity (under the Job Seeker Compliance Framework) either prior to entering into or during the Work for the Dole Phase, they will still be required to undertake their full Annual Activity Requirement as well as their Compliance Activity requirement. That is, the Compliance Activity will not count toward meeting their Annual Activity Requirement. Where the job seeker needs to undertake a Compliance Activity during the Work for the Dole Phase, this means the job seeker will need to complete their remaining Annual Activity Requirement hours in the Case Management Phase. Note: A job seeker may also decide part-way through serving their Serious Failure Penalty to undertake a Compliance Activity. In this instance, job seekers should be referred to DHS to book an Appointment with their Provider and to conditionally waive the remainder of the penalty. The job seeker must agree that the activity will be included by their Provider in their Job Plan and must then participate in a Compliance Activity for the remainder of the penalty period. What does the Provider need to do when a job seeker elects to do a Compliance Activity? Deed clause reference Clause 118.1 What does the Provider need to do if the job seeker is non-compliant? Providers must negotiate and set up the Compliance Activity to be immediately undertaken by the job seeker. Providers should consider the required duration of the Compliance Activity and the job seeker’s requirements. Compliance Activities should be accessible for the job seeker and, wherever possible, beneficial to the job seeker’s employment prospects Providers must update the job seeker’s Job Plan to include the Compliance Activity that the job seeker will immediately commence and, on agreement by the job seeker, record this by having them sign the Job Plan or agree to it online Providers must formally notify the job seeker of the specific details of their participation in a Compliance Activity and that they are required to attend Formal notification such as a letter with details of activity participation must include the location, dates and times of their Compliance Activity Providers must actively monitor the job seeker’s participation in the Compliance Activity When the Compliance Activity is nearing completion, Providers should book an Appointment with the job seeker as soon as possible to remove the Compliance Activity from the job seeker’s Job Plan and update the Job Plan to reflect the job seeker’s ongoing requirements. Non-compliance at a Compliance Activity Appointment Where the job seeker does not attend their Compliance Activity Appointment, Providers are not required to attempt to contact the job seeker but must update the Department’s IT system to record the non-attendance by close of business on the day of the missed Appointment. Job seekers may make contact before this Appointment to advise of their inability to attend at the specified time. Where the Provider accepts the job seeker’s reason, they can verbally reschedule the Appointment to a later time on the same day without having to reschedule the Appointment in the Department’s IT system. If the Appointment needs to be rescheduled to another day, this must be done by DHS. Where the job seeker attended the Appointment but did not agree to a Job Plan or sign an updated Job Plan, Providers must record the job seeker’s non-compliance with their Mutual Obligation Requirements in the Department’s IT system on the jobactive Comprehensive Assessments and Compliance Activities Guideline Effective Date: 1 July 2015 TRIM ID: EM15/001030 5 Process Details same day as the Compliance Activity Appointment. This will automatically prompt DHS to investigate the alleged event. Managing non-compliance in a Compliance Activity Where the job seeker does not attend their Compliance Activity and the Provider considers that the job seeker had a Reasonable Excuse for not attending, Providers may use their discretion and allow the job seeker to make up missed time in the activity. If the Provider does not consider that the job seeker has a Reasonable Excuse and they want to use the job seeker compliance framework, Providers must submit a No Show, No Pay PR for each day of non-attendance. Where the job seeker does not behave appropriately during their Compliance Activity and the Provider wants to report the incident to DHS, Providers must submit a No Show, No Pay PR for the alleged event, which DHS will investigate. jobactive Comprehensive Assessments and Compliance Activities Guideline Effective Date: 1 July 2015 TRIM ID: EM15/001030 6