Your right to be treated fairly

• Employment Service Providers have “Service Guarantees” a set of minimum service standards they must follow. These include:
  • treating you fairly and with respect;
  • taking account of your parenting or caring responsibilities; and
  • recognising any limits on your ability to find work.
• Job Services Australia Services must ensure that the standards are prominently displayed and available to people who access their services.

• You can ask for a copy of the service standards for your program at any time.

  • They are also available here.

• Disability Employment Services must outline these standards to you in your initial interview
• Disability Employment Services must also comply with the national Disability Service Standards
  • You can find these here.

Your right to customised / individual service

• If you are receiving income support and have activity requirements, your provider will work with you on an Employment Pathway Plan.
  • This will happen during your first interview.
  • You will be required to sign the Employment Pathway Plan (EPP) to say you agree to participate in the activities outlined within it.
• An EPP will generally not be required if you have a full activity test exemption.
• Your employment provider must:
  • tailor your EPP to address your individual needs and “barriers” to work,
  • specify when activities within the plan must be started and finished, and
  • specify how many contacts you must have with the provider.
• Your EPP should be drawn up in negotiation with you, however there will be some activities which are not negotiable, such as regular face-to-face meetings with the provider.

Your right to privacy

• Employment Service Providers can lawfully collect information relevant to your situation without breaching privacy legislation.
  • The Privacy Act 1988 governs what information can be gathered by government departments, how it can be gathered, and how and when it can be released.
• Employment Service Providers cannot give your personal information to other people, for example a friend, ex-partner or community worker without your consent.
• While Employment Service Providers do share some information with Centrelink, including personal information, they don’t automatically pass on changes.
  • Do not assume that because you told Centrelink something (that you changed your phone number for example), your Employment Service Provider will know this.
  • If you need to update your details, inform both Centrelink and your Employment Service Provider.
  • It is best to tell both Centrelink and your Employment Service Provider everything they need to know to help you find employment.

Your right to see your employment services file

• Under the Freedom of Information Act 1982 (Cth), you can access a copy of your Employment Services file, computer records and archived records, or you can view these records, within 30 days of a written request.
• There are many reasons a person would want to see their file, but usually it is an indicator that you are not happy with the service you have been receiving.
• If you need to see your file and you are refused, you should seek assistance from the Welfare Rights Centre.

Your right to give feedback

• Your Employment Service Provider must establish and promote a customer feedback process.
  • The customer feedback process should outline how feedback can be given and include a complaints process.
  • Your provider must provide you with a copy of these procedures if you request them.
• Generally it is best to raise complaints directly with the Employment Service Provider and the most logical starting point is your Case Manager.
  • If for any reason you are uncomfortable doing this you should ask to speak to the Manager.
• If you are unhappy with the outcome of your complaint or feel that you cannot raise your complaint with the Employment Service Provider, contact the Welfare Rights Centre.

Your right to change providers

• You have the right to change providers if they are not providing you with the services outlined in their service guarantee or if you think they have treated you unfairly or discriminated against you.
• Talk to your Employment Service Provider about your concerns first– they won’t exit you unless you do and you might get improved service by raising your concerns with them.

Before you make a complaint, you may want to check your obligations to your Employment Service Provider. Are you keeping up with your end of the bargain?

• The activities you agree to in your Employment Pathway Plan are subject to penalties for non-compliance.
  • If you don’t turn up for appointments or interviews and you don’t have a “reasonable excuse” for this, you can end up losing part of your payment.
  • It is your responsibility to get in contact with your Employment Services Provider if you are unable to attend an appointment or activity.
    • Call them beforehand.
• The other problem with failing to turn up is that this can hamper your caseworker’s efforts to find you work and their level of trust and support for you could deteriorate.

• Employment Service Providers can only work with what they know and the best person to tell them about you is - you.
• It is in your best interests to be honest and upfront about:
  • what job areas you are interested in,
  • the skills you currently have, and
  • what training you believe will help you to get a job that is right for you.
• Employment Service Providers often actively market particular job seekers to potential employers.
  • If they know your skills and interests they will be able to target the right jobs and industries for you.

• If anything happens in your life to make it difficult to look for work it is important to let your Employment Service Provider and Centrelink know.
• It is possible for your Employment Pathway Plan to be renegotiated and/or for you to be transferred into a program where you can receive more support (this could be with the same provider).
• If your change in circumstances has affected your ability to follow your Employment Pathway Plan, letting them know your situation has changed will mean you are less likely to get a penalty for non-compliance.

• If you have not been able to resolve your issue directly with your Employment Services Provider, there are other options:
  • Contact the Department of Education, Employment and Workforce Relations Customer Service Line on 1800 805 260.
  • Make a complaint to Centrelink: 1800 050 004 or 1800 000 567 if you are hearing impaired.
  • Notify the Commonwealth Ombudsman: 1300 362 072
• If you have a disability, you may have additional avenues of redress including:
  • Calling the Complaints Resolution and Referral Service on 1800 880 052 (free call) - only if you are complaining about a Disability Employment Service.
  • Contacting the Disability Discrimination Legal Service (07 3421 2510) - if the complaints is based on a discrimination matter.

• Complying with your Employment Service Provider and Centrelink