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3.1.13 Compliance Framework for Participation Payments
Introduction
All people receiving participation payments are subject to the compliance arrangements set out in Division 3A of the SS(Admin)Act.
Social security law defines 'participation payments' as:
In this section of the Guide, people receiving participation payments are referred to as job seekers.
Objectives of the compliance framework
The purpose of the compliance legislation is to encourage job seekers to participate in employment and engage with employment services. Job seekers who have a good reason for their actions should not be penalised. Job seekers who do not meet their requirements should be reconnected with employment services as quickly as possible.
Role of providers
Employment services providers do not make compliance decisions under social security law. Providers report non-compliance to Centrelink, for Centrelink to make compliance decisions. Providers are to consider the above objectives when deciding whether to report non-compliance. Guidelines for providers emphasise the discretion they have to consider strategies such as giving a job seeker another chance to attend an appointment or letting them make up time missed from an activity, if they believe this will be a more effective way of re-engaging the job seeker than compliance action.
Centrelink discretion
The legislation gives Centrelink officers, as delegated decision-makers, considerable discretion when deciding if a job seeker has a reasonable excuse for failing to meet their requirements and in deciding if they have been persistently non-compliant (see below). The legislation also gives Centrelink the discretion not to apply a NSNP failure, a connection failure, a reconnection failure or a serious failure, despite the failure being applicable. The discretion not to apply a penalty even where a job seeker has no reasonable excuse for their actions should be exercised only in exceptional circumstances.
Example 1: Jane is a 22 year old NSA recipient with a history of non-compliance over a 6-month period. Centrelink conducts a CCA and finds that Jane has no barriers to participation, However, Jane is 7 months pregnant and intends to claim PP as soon as her baby is born. Jane's pregnancy has not affected her capacity to comply and does not provide a reasonable excuse for any of her past failures, so Centrelink could apply a serious failure. However, the decision maker decides not to do so as applying the failure would serve no purpose as a deterrent to future non-compliance and would cause unnecessary financial hardship to Jane and her child.
In this section
This section contains the following topics:
3.1.13.10 Types of Failures & Penalties
3.1.13.20 No Show, No Pay Failures
3.1.13.30 Connection & Reconnection Failures & Penalties
3.1.13.40 Serious Failures & Penalties
3.1.13.50 Compliance Failures & Penalties - General Rules
3.1.13.60 Compliance Activities
3.1.13.70 Comprehensive Compliance Assessments
3.1.13.80 Unemployment Non-Payment Periods
3.1.13.100 Payment Pending Review
3.1.13.110 Transitional Arrangements
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Last reviewed: 1 July 2009
