Welfare Rights Centre
- How we can help
- What you need to know
- Employment Service Providers - Overview
- Selecting an Employment Services Provider
- Disability Employment Services
- Job Capacity Assessments
- Getting the most out of your Employment Pathway Plan
- Complying with Employment Service Providers and Centrelink
- Changing your Employment Service Provider
- Your rights and Employment Service Providers
- Complaining is OK
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- Stream 2
- Stream 3
- Stream 4
- Need more help?
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Complying with Employment Service Providers and Centrelink
- If you are an activity-tested recipient of a Centrelink income support payment and you are required to attend an Employment Service Provider, you should be aware of your obligations to the Employment Service and Centrelink.
- It is Centrelink, not Employment Service Providers, who makes the decision to impose penalties such as no-show no-pay failures.
- Employment Service Provides have discretion about whether or not to inform Centrelink if you have not participated in their activities.
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While providers want to support you, they are paid to get you into employment.
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Providers are not paid if you do not participate.
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Only Centrelink can grant Temporary Exemptions from job search activities.
- Centrelink and Employment Service Providers do not share all your personal information, so you need to inform both services when your circumstances change.
What happens if I don't meet a requirement?
show more- Employment Service Providers are required to report to Centrelink any non-compliance.
- For example, if you do not turn up to a scheduled meeting or job interview or fail to complete an activity listed in your Employment Pathway Plan.
- This is done through a 'Participation Report'.
- Centrelink will suspend your payment until they contact you, or you contact them and they will then investigate the matter. This suspension is called a "connection failure".
- The outcome may be a penalty such as a non payment period.
- It is Centrelink who imposes penalties.
- Employment Services do not have authority to impose penalties
- You should note that any penalty imposed on you can be appealed.
- Even if a penalty does not lead to a loss of payment, it may be something you do not wish to have on your participation record.
- Employment Service Providers should not submit a Participation Report to Centrelink until they have talked with you to find out if you had a 'reasonable excuse' for failing to meet your requirements.
- They are required to make two attempts on two different days to contact you.
- If they cannot contact you, the service will then decide whether to report you to Centrelink.
- Employment Service Providers have discretion over how they manage compliance responsibilities.
- Some providers will use participation reports as a last resort; others will use them more readily.
- All providers will take action when you have consistently missed appointments and interviews.
What is a 'reasonable excuse'?
show more- The meaning of this term relies on the discretion of the person judging your explanation of why you didn’t attend a meeting or complete an activity.
- Centrelink dictates that the decision maker must be able to show that their decision is fair and reasonable.
- Another principle considered is that the reason given for failing to attend a meeting or complete an activity would appear plausible to the general public.
- Employment Service Providers have their own guidelines on reasons they will accept.
What is a 'Contact Request'?
show more- Employment Service Providers can choose to make a 'Contact Request' to Centrelink instead of a Participation Report.
- The Contact Request asks Centrelink to establish contact with you after you have failed to meet an Employment Pathway Plan requirement.
- This is an alternative to a compliance action and does not result in any penalty, although in some circumstances payments may be delayed.
I missed an appointment, what should I do?
show more- If you have failed to attend a meeting or comply with an activity required by your Employment Service Provider, contact with your Employment Service Provider as soon as possible.
- This may prevent any further action or penalties.
- Employment Service Providers have discretion over how they manage compliance responsibilities.
- Some providers will use participation reports as a last resort; others will use them more readily.
- All providers will take action when you have consistently missed appointments and interviews.
- Employment Service Providers and/or Centrelink may request that you provide some evidence of your reason for missing an activity.
- This could be a medical certificate or proof of employment.
- Remember, Employment Service Providers are paid to get you into employment. They are not funded if you do not participate in job search activities.
What if I can�t meet my activity test or participation requirements?
show more- Sometimes things happen in your life that make it more difficult for you to comply with your activity requirements; things such as sickness, homelessness or a personal crisis.
- Discuss these issues with Centrelink as soon as you are able to and you may be granted a temporary exemption from job search participation requirements.
- Remember, Employment Service Providers cannot grant exemptions from job search activities.
- The circumstances which Centrelink may consider as grounds for temporary exemption from job search activities are:
- If you’re sick or injured, you can be given a temporary exemption from the activity test or participation requirements if:
- you are unable to work because of sickness or an accident;
- the sickness or injury is temporary; and
- you can’t participate in another suitable activity during the period you are sick or injured.
- Other circumstances in which temporary exemptions may be granted include:
- a major personal disruption to your home;
- a major personal crisis;
- jury duty;
- being a refugee;
- being homeless; or
- living in a remote area.
- An exemption will only be granted for up to 13 weeks.
- If at the end of 13 weeks you are still unable to work you will need to renegotiate with Centrelink.
- If Centrelink does grant you an exemption, it is a good idea to let your Employment Service Provider know.
- This is because Centrelink may not tell your ESP, so the ESP may keep trying to contact you whilst you are dealing with personal issues.
Disagree with Centrelink?
show more- If you think a Centrelink decision is wrong you have the right to appeal against it.
- Appealing is easy and free. To appeal simply tell Centrelink that you are not happy with a decision and that you would like to appeal to an Authorised Review Officer (ARO).
- It is best to lodge an appeal in writing and you should keep a copy of your appeal letter. However, you can lodge an appeal over the telephone.
- The ARO is a senior officer in Centrelink who has the power to change the original decision. Many clients are successful at this level.
- If you think the ARO decision is wrong you can appeal to the Social Security Appeals Tribunal (SSAT).
- The SSAT is independent of Centrelink.
I've got a temporary exemption from activities. Do I still have to see my Employment Service Provider?
show more- When you are exempted from activity by Centrelink this means that you will not have to attend appointments with your Employment Service Provider but you still can.
- It is a good idea to discuss this with your provider.
- You may be able to participate at a reduced level.
Don't Centrelink and my Employment Service Provider share information about me?
show more- You might be aware that Centrelink and Employment Service Providers share information. This is necessary to assist the referral process.
- However Centrelink and Employment Service Providers share only a small amount of information.
- For example, if you have had a Job Capacity Assessment, not all of the information contained in it will be accessible by your provider.
- So when your provider asks for information you have already provided to Centrelink, it is because they don’t have access to it.
- However Centrelink and Employment Service Providers share only a small amount of information.
- If your provider wishes to access some additional information about you, that Centrelink has, they will need to seek your permission.
- Therefore, when you inform Centrelink or your Employment Service Provider of any changes to your circumstances, you cannot assume that the other will automatically be updated.
- It is important to let both know of any key issues you are having and when your circumstances change.
- It can be frustrating to have to tell your story twice, but it is also good to know that your information is protected and you can decide when it is shared.
- Both Centrelink and Employment Services will be able to support you better if they know about your circumstances.
Things to remember
show more- It is Centrelink, not Employment Service Providers, who makes the decision to impose penalties such as no-show no-pay failures.
- Employment Service Provides have discretion about whether or not to inform Centrelink about your participation in their activities.
- However while providers want to support you they are paid to get you into employment and are not paid if you do not participate.
- Only Centrelink can grant Temporary Exemptions from job search activities.
- Centrelink and Employment Service Providers do not share all your personal information so you need to inform both services when your circumstances change.
Where can I get further information or help?
show more- Disagree with Centrelink?
- Participation failures and penalties
- The following factsheets are available here:
- Appeals - how to appeal against a Centrelink decision
- Penalties for non-compliance
© 2012 Welfare Rights Centre. All rights reserved. The information on this website is intended only as a guide. It is not a substitute for legal advice.
The Welfare Rights Centre would like to thank the National Welfare Rights Network for permitting the links to their factsheets and self-help materials.
The Welfare Rights Centre would like to thank the National Welfare Rights Network for permitting the links to their factsheets and self-help materials.