7. Activities

Supporting Documents for this Chapter

Supporting Documentssign-in required (sign-in required)

Activity Management

• WHS Incidents and Insurance Readers Guide – Providers

• WHS Incidents and Insurance Readers Guide – Participants

• Public and Products Liability Incident Report

• Public and Products Liability Claim Form

Skills for Education and Employment (SEE)

• SEE Participant Fact Sheet

• When to refer to SEE and AMEP Provider Fact Sheet

Employability Skills Training (EST)

• EST Information for Providers

• EST Participant Fact Sheet

Career Transition Assistance (CTA)

• CTA Information for Providers

• CTA Participant Fact Sheet

Self-Employment Assistance (S-EA)

• S-EA Participant Fact Sheet

Specified Activities - Observational Work Experience (OWE) and Provider Sourced Voluntary Work

• OWE Host Agreement template

• Voluntary Work Host Agreement template

• OWE Participant Fact Sheet

• Voluntary Work Participant Fact Sheet

Risk Assessments

• Risk Assessment example template

• Competent Person(s) register example template

7.1 Chapter OverviewCopy citation · §7.1

This Chapter outlines the requirements for the Provider when setting up and managing Activities.

Participating in Activities while in Pre-Employment Support helps Participants to improve their skills and experience as part of a pathway to find and maintain Employment. Activities can also develop a Participant’s ability to work independently, communicate effectively, take directions from a supervisor and work as part of a team.

During a Participant’s period in Pre-Employment Support, Providers must arrange Activities for Participants according to their personal preferences, individual circumstances and assessed work capacity. These can be both Vocational and Non-vocational Activities and Interventions designed to assist Participants address their individual barriers and help them progress towards Employment.

To ensure the successful delivery of Activities, Providers should seek to develop and maintain effective relationships in their local areas with Complementary Program providers, private and community-based service providers, Education and Training institutions, and other organisations and service providers.

This Chapter should be read in conjunction with Chapter 5: Participation requirements and Chapter 6: Pre-Employment Support.

Providers are encouraged to use available resources to provide Participants and Employers with information on Activities, as part of shared decision-making processes. These are available as supporting documents on the Provider Portal.

7.2 Types of ActivitiesCopy citation · §7.2

Providers can refer Participants to a wide range of Activities as part of Inclusive Employment Australia.

Some Activities have requirements for Providers within the Deed. In these Guidelines, these are referred to as:

• ‘Complementary Activities’ – delivered by a Complementary Program provider contracted to deliver programs, activities or services, or

• ‘Specified Activities’ – delivered by a Host Organisation under an agreement with the Provider.

Participants undertaking Complementary and Specified Activities are covered by insurance policies taken out by the Department, as outlined in Section 7.8.5 Insurance for Activities and the WHS Incidents and Insurance Readers Guide – Providerssign-in required (sign-in required) supporting document on the Provider Portal. The insurance is available because the Activities take place under set rules.

Providers can also arrange Activities that do not have set rules. These ‘other’ Activities can be developed by the Provider and may be more flexible. Providers are strongly encouraged to innovate and deliver Activities that support diverse pathways to Employment.

These ‘other’ Activities can be delivered in several ways, for example:

• through in-house Service provision (including Training by Related Entities)

• from an external organisation (purchased or organised),

• by referral to programs and services within the local community, including Commonwealth, State or Territory Government programs, local government programs, and non-government programs delivered by private and community-based organisations, and/or

• Participant self-directed or Participant sourced.

7.3 Identifying suitable ActivitiesCopy citation · §7.3

Providers are expected to promote to Participants the benefits of all types of Activities, respond to any enquires from Participants in relation to Activities, and support Participants to fully engage in and maintain a balance across any Activities they choose to undertake or are referred to by the Provider.

When discussing and arranging Activities with a Participant, Providers should consider the Participant’s:

• age

• disability type

• education level

• skills, experience and aspirations

• Vocational Barriers

• Non-Vocational Barriers

• cultural background

• caring responsibilities

• assessed work capacity, and

• access to transport.

Activities can be arranged by the Provider or by the Participant with the support of the Provider. Providers must only refer a Participant to Activities that:

• are suitable and safe

• help the Participant build their work skills to increase their chances of getting a job, and

• meet the Participant’s individual needs and assessed work capacity.

(Deed Reference(s): Clause 116.1, 116.2)

Key considerations of whether an Activity may be suitable or not are outlined in the following table.

Factors for suitability of an Activity

If the Participant is found to not be eligible for an Activity, after a referral to the Activity, the Provider must assist the Participant to look for another appropriate Activity.

7.3.1 Inappropriate ActivitiesCopy citation · §7.3.1

Providers must not arrange Activities for Participants, or refer Participants to any Activity, where:

• the Department advises the activity cannot be conducted concurrently with Inclusive Employment Australia

• the activity would be undertaking tasks outside of Australia

• the Participant would participate in or otherwise be involved in criminal activity

• the Participant would be undertaking tasks that the Participant is not permitted to do under the law (e.g. a task can only be undertaken by a licensed person, and the Participant does not hold that licence)

• the Participant would be undertaking tasks or working for any organisation owned or Controlled by either the Participant or by the Participant’s Family Member

• the Participant’s involvement would displace or reduce an existing employee’s hours of work (full-time, casual, or part-time) or customary overtime

• the Participant would be undertaking tasks associated with the sex or adult entertainment industry

• the Participant would be undertaking tasks involving nudity (including retail or hospitality positions)

• the Participant would be undertaking tasks directly involving gambling

• the Participant would be undertaking tasks in a Private House or Private Homes, and/or

• the activity would contravene Commonwealth, State or Territory WHS Laws or law relating to discrimination.

7.4 Managing Participants in ActivitiesCopy citation · §7.4

Providers must support Participants to fully engage in Activities.

A Participant on a Meaningful Engagement Job Plan must not have Activities included in their Job Plan, but Providers must have a record that the Participant has agreed to the Activity.

When a Participant on a Detailed Job Plan is referred to an Activity, their Job Plan must be updated to include the Activity using the relevant Job Plan Code, either as a compulsory or voluntary requirement.

As noted in Section 5.6.2 Activities:

• Providers can recommend an Activity be undertaken as part of the Meaningful Engagement Requirement but cannot compel a Participant to participate in the Activity.

• Participants cannot be compelled to attend an Activity that is included in their Detailed Job Plan as voluntary (i.e. will not be subject to compliance actions for failure to attend).

• Participants must attend a Mandatory Activity that is included as a compulsory requirement in their Detailed Job Plan (i.e. will be subject to compliance actions for failure to attend). A Mandatory Activity requirement is limited to Activities that will help the Participant build skills and work-like behaviour.

Regardless of Job Plan type, Activities must be scheduled in the Participant’s Electronic Calendar, which then:

• makes the details of the Activity available to the Participant via their Workforce Australia homepage, and

• sends a notification of the Activity, including the need to attend if it is a compulsory Activity in their Job Plan.

System step — Providers must schedule Activities in the Participant’s Electronic Calendar.

When referring Participants to an Activity, Providers must ensure that Participants have any prerequisites (for example, a background check or personal protective equipment). Providers may choose to use their own funds to help meet the eligible costs of a Participant’s Activity.

Providers must provide a copy of the WHS Incidents and Insurance Readers Guide – Participantssign-in required (sign-in required) to Participants referred to a Complementary Activity or Specified Activity.

While the Participant is undertaking an Activity, the Provider must:

• comply with its WHS obligations

• ensure adequate and appropriate Supervision so that relevant Participants are undertaking appropriate tasks and operating in a healthy and safe environment

• comply with its obligations in relation to insurance

• check if the Participant has any complaints or safety concerns regarding the Activity, including any WHS Incidents to report

• ensure that the Participant is benefiting from the Activity, is enhancing their job prospects, and is not being exploited

• minimise disruptions while the Participant is engaging and attending an Activity, by scheduling Contacts outside of Activity times and or reducing Job Search Requirements

• support the Participant’s progress by encouraging attendance and ensuring satisfaction with the Activity, and

• monitor and record attendance in compulsory Activities.

(Deed Reference(s): Clause 56.1, 116, 117.3, 118.3, 134.4, 144, 145)

System step — Providers must ensure attendance at scheduled Activities is recorded (see relevant task cards on recording activity attendance on behalf of a Participant).

Participants will generally be expected to source their own transport to and from an Activity. However, the Provider must arrange transportation for a Participant to and from an Activity where:

• the Participant does not have access to a vehicle or does not have a driver’s licence, and alternative transport options such as public transport are not available

• the Activity is at an isolated location

• access to the Activity is along an unsealed road or track, and/or

• the Activity has a residential or overnight accommodation component.

Work health and safety — If Providers are transporting Participants to or from an Activity, this must be included in the Risk Assessment of the Activity.

If transportation cannot be arranged by the Participant or the Provider, the Provider must not proceed with the Activity and must consider an alternative Activity.

Once a Participant is no longer undertaking an Activity, the Provider must:

• update the Participant’s plan for meaningful engagement (if the Participant is on a Meaningful Engagement Job Plan)

• update the Participant’s Job Plan (if the Participant is on a Detailed Job Plan), and

• consider whether it is appropriate to move the Participant into the Intensive Service (if the Participant had been receiving the Flexible Service).

System step — When a Participant is no longer undertaking an Activity, the Provider must record in the Department’s IT Systems:

• the reason the Participant is no longer participating (completion Exit reason)

• the final date of participation (end date), and

• the total number of hours undertaken in the Activity, where relevant.

7.5 Complementary ActivitiesCopy citation · §7.5

Participants can participate in other Commonwealth training and employment programs whilst they are participating in Inclusive Employment Australia. These are referred to as Complementary Services in the Deed.

Providers can arrange for Participants to undertake certain Complementary Services as an Activity. These Activities are Complementary Activities for the purposes of these Guidelines.

Complementary Activities that a Provider can arrange for Participants are:

• Skills for Education and Employment (SEE)

• Adult Migrant Education Program (AMEP)

• Employability Skills Training (EST)

• Career Transition Assistance (CTA), and

• Self-Employment Assistance (S-EA).

Benefits of Complementary Activities include:

• the Complementary Service provider manages the Participant’s health and safety during the Activity, and

• the Participant is covered by insurance policies taken out by the Department during the Activity.

Prior to referring a Participant to a Complementary Activity, the Provider must:

• confirm the Activity is suitable – the Participant is eligible, can undertake and would benefit from the Activity

• ensure the Participant understands the purpose of the Activity

• ensure the Participant understands their responsibilities if the Activity is a compulsory requirement in their Job Plan (Detailed Job Plans only)

• review the Risk Assessment completed by the Complementary Service provider to ensure it is appropriate for the Participant — refer to Section 7.8.1 Risk Assessments

• ensure the Complementary Service provider has all the relevant information regarding the Participant, including their accessibility requirements

• pay the Complementary Service provider any costs associated with the Activity

• provide any required support through necessary equipment, checks and licences

• encourage the Participant to attend the relevant Activity

• ensure appropriate facilities are available for the Participant during the Activity, and

• work with the Complementary Service provider to support the Participant to successfully complete the Activity.

7.5.1 Skills for Education and EmploymentCopy citation · §7.5.1

The Skills for Education and Employment (SEE) program provides training in English language, reading, writing, maths and digital skills, to prepare Participants for Employment or further study. The program addresses the foundation skill gaps that hinder Participants’ suitability for many jobs and prevent their successful engagement in Training for a specific occupation. SEE also improves Participants’ confidence, leading to better engagement and pathways to stable, long-term Employment or further Education and Training.

SEE provides both accredited and non-accredited courses that are tailored to the Participant’s needs. For example, SEE Training can focus on language and literacy only, such as a Certificate in Spoken and Written English, or be embedded in contextualised, real-world learning, such as Childcare or Aged Care courses.

Providers have a responsibility to work with their local SEE providers and ensure they are familiar with SEE provider’s services.

System step — Providers should review the Participant’s Job Seeker Snapshot and discuss potential referral to SEE (or AMEP) if the Participant self-identified low ability in speaking, reading or writing English, that an interpreter is required during appointments, or the Participant completed less than Year 10 schooling.

Refer to the SEE Information for Providerssign-in required (sign-in required) for more information on the program, and the When to refer to SEE and AMEP Provider Fact Sheetsign-in required (sign-in required) for more information on the differences between SEE and AMEP, both available on the Provider Portal.

SEE activity information must be entered in the Department’s IT Systems to ensure eligible Participants receive the Language, Literacy and Numeracy Supplement from Services Australia.

System step — Providers refer Participants through the Department’s IT Systems. Detailed instructions are available in the Referring a Participant to the Skills for Education and Employment (SEE) Program task card.

When referring Participants with Meaningful Engagement Job Plan to the SEE program, Providers should add this Activity to their meaningful engagement plan and adjust other tasks and activities.

When referring Participants with Detailed Job Plan to the SEE program, Providers must add Code ET57 [SEE and/or ESL assessment] and Code ET56 [SEE and/or ESL course] to the Participant’s Job Plan to capture whether this Activity is a compulsory or voluntary requirement. If the SEE assessment finds that this Activity is not suitable for the Participant, Code ET56 [SEE and/or ESL course] would need to be removed from the Job Plan.

Note: Within Code ET56 and ET56, ESL refers to ‘English as a second language’.

Once the SEE provider receives the referral, they will contact the Participant and check the Participant’s suitability for the course. This includes:

• assessing the Participant’s capability levels against the Australian Core Skills Framework and determining their capacity to benefit from the program,

• advising the Participant and the Provider whether training is recommended, and

• commencing Participant in a course of study aligned to their goals and capabilities, where training is recommended.

Key considerations for SEE referrals

7.5.2 Adult Migrant Education ProgramCopy citation · §7.5.2

Adult Migrant and English Program (AMEP) provides free English language tuition to eligible migrants and humanitarian entrants to help them learn foundation English language and settlement skills to enable them to participate socially and economically in Australian society.

AMEP provides a range of flexible learning options to help Participants study and provides free childcare services if Participants have under school-aged children when participating in face-to-face classes.

Providers have a responsibility to work with their local AMEP providers and ensure they are familiar with AMEP provider’s services. There is a Distance Learning option.

System step — Providers should review the Participant’s Job Seeker Snapshot and discuss potential referral to AMEP if the Participant self-identified low ability in speaking, reading or writing English or that an interpreter is required during appointments.

Refer to the following table on key factors to consider when referring Participants to AMEP. Information on the differences between SEE and AMEP is also available as a supporting document on the Provider Portal, refer to the When to refer to SEE and AMEP Provider Fact Sheetsign-in required (sign-in required).

System step — The Provider must add the Participant’s placement in AMEP as an Activity in the Department’s IT Systems.

When referring Participants with Meaningful Engagement Job Plan to AMEP, Providers should add this Activity to their plan for meaningful engagement and adjust other tasks and activities.

If the Participant has a Detailed Job Plan, Providers must add Code ET52 [Adult Migrant English] to the Participant’s Job Plan to capture whether this Activity is a compulsory or voluntary requirement.

Note: The AMEP end date in a Job Plan cannot be greater than 25 months from the start date. If a Participant continues to participate in AMEP beyond this end date, a new AMEP Activity should be added to the Job Plan with the start date of the date the Activity is recorded in the Job Plan.

Key considerations for AMEP referrals

7.5.3 Employability Skills TrainingCopy citation · §7.5.3

Employability Skills Training (EST) is a pre-employment program to support Participants to become more competitive in their local labour market by developing the skills Employers are looking for, building job search, workplace and industry-specific skills, and exploring career options.

EST is provided through two different training blocks, and Participants can undertake one or both training blocks, in any order:

• Training block 1 courses help Participants develop Job Search and workplace skills.

• Training block 2 courses help Participants learn more about industries that are in demand or have emerging opportunities in their local labour market.

Following participation in an EST course, Participants will receive (with a copy to the Provider):

• an updated, professionally presented résumé that identifies the Participant’s skills and experience, and

• an assessment showing:

  • industries/occupations that may be suitable for the Participant, and

  • recommendations for next steps for the Participant to pursue employment and/or training opportunities.

Providers may approach EST providers to deliver specific or tailored EST courses to meet an identified demand, such as training in a particular location or industry.

Note: There is no limit to the number of times a Participant can undertake EST if the Provider and EST provider consider that the Participant would benefit.

When referring Participants to an EST course, Providers must ensure the EST provider has the information to complete a Risk Assessment.

Note: Providers must inform the Participant of what Personal Information will be shared with the EST provider.

Refer to the EST Information for Providers on the Provider Portal for more information on the program.

System step — Available EST course places can be seen on the Activity Management screen in the Department's IT Systems.

System step — Providers refer Participants through the Department’s IT Systems. Detailed instructions are available in the EST Placements Workflow task card.

When referring Participants with Meaningful Engagement Job Plan to EST, Providers should add this Activity to their plan for meaningful engagement and adjust other tasks and activities.

If the Participant has a Detailed Job Plan, Providers must add Code ET68 [PaTH Employability Skills Training] to the Participant’s Job Plan as a voluntary requirement.

Once the EST provider receives the referral, the EST provider will contact the Participant. EST providers will check the course’s suitability for the Participant, including:

• contacting Participants before they commence to check if the course is suitable

• contacting the Provider to discuss any concerns it identifies, and

• rejecting the referral if it determines the Participant would not benefit.

Key considerations for EST referrals

7.5.4 Career Transition AssistanceCopy citation · §7.5.4

Career Transition Assistance (CTA) is a pre-employment program to support people 45 years and over to build their skills and confidence to re-enter the workforce or change career. CTA providers deliver practical assistance to mature age Participants with the aim of improving digital literacy and increasing their employability and competitiveness in the local labour market.

Following participation in an CTA course, Participants will receive (with a copy to the Provider):

• an updated, professionally presented résumé that identifies the Participant’s skills and experience, and

• a personal Career Pathway Plan.

The CTA provider will also offer the Participant two future contacts to occur within 3 months of completion of CTA.

Providers may also contact local CTA providers directly to discuss course availability and suitability for Participants.

When referring Participants to a CTA course, Providers must:

• ensure the CTA provider has the required information to complete a Risk Assessment

• collaborate with the CTA provider and Participant to arrange for the initial meeting to take place, and

• make sure they participate in a Personal Hand Over with the CTA provider and Participant once the Participant has completed the course, unless:

  • the Participant exits the CTA course before completing 80% of scheduled hours

  • the Participant exits the CTA course to commence Employment, or

  • the Activity placement has been closed by the system.

Note: Providers must ensure the Participant is aware of what Personal Information will be shared with the CTA provider.

Refer to the CTA Information for Providers on the Provider Portal for more information on the program.

System step — Available CTA course places can be seen on the Activity Management screen in the Department's IT Systems.

System step — Providers refer Participants through the Department’s IT Systems. Detailed instructions are available in the Career Transition Assistance Placement Workflow task card.

When referring Participants with Meaningful Engagement Job Plan to CTA, Providers should add this Activity to their plan for meaningful engagement and adjust other tasks and activities.

If the Participant has a Detailed Job Plan, Providers must add Code PA05 [Career Transition Assistance] to the Participant’s Job Plan to capture this Activity as a voluntary requirement.

Once the CTA provider receives the referral, the CTA provider will contact the Participant. CTA providers will check the Participant’s suitability of the course, including:

• contacting Participants to hold an initial meeting to determine if the Participant is suitable

• rejecting the referral if it is identified the Participant would not benefit — the CTA provider will advise the Provider that the Participant has not been accepted into the CTA course, and the reasons for this.

Key considerations for CTA referrals

7.5.5 Self-Employment AssistanceCopy citation · §7.5.5

The Self-Employment Assistance (S-EA) program encourages Participants to consider self-employment and supports Participants in starting, developing, or growing their small business through individual mentoring and group workshops.

S-EA offers 6 flexible services to both new and existing business owners:

• Exploring Self-Employment Workshops helps Participants to learn about small business and helps create and validate a business idea, as well as decide if self-employment is a good fit for them.

• Small Business Training provides access for Participants to accredited small business training, that may range from accessing a skillset through to a full Certificate IV qualification.

• Business Plan helps Participants to develop a viable business plan and assess the viability of their business idea.

• Small Business Coaching provides Participants with 6 personalised business mentoring contacts over 12 months and, for those who are eligible, an allowance for up to 39 weeks and rental assistance for up to 26 weeks.

• Business Health Checks helps business owners to identify business development opportunities.

• Business Advice Sessions provide flexible advice and support on small business issues.

S-EA also offers regular, free masterclasses and networking events to help Participants to learn and expand their networks.

Providers should ensure that any Participant who expresses an interest in self-employment is made aware of the S-EA program.

When referring Participants to S-EA, Providers must either make a referral or suggest the Participant contact the S-EA provider directly, having provided the Participant with the contact details of the relevant S-EA provider.

System step — There are 2 ways for a Participant to be referred to Self-Employment Assistance on the Department’s IT Systems:

• Providers can issue a referral to S-EA through the Department’s IT Systems by selecting the relevant S-EA provider, or

• The S-EA provider completes a self-referral. An Inclusive Employment Australia Provider can confirm that the Participant has been referred to S-EA by viewing the contract referral in the Referral History screen in the Department’s IT Systems.

The S-EA provider will assess if a Participant is eligible and help identify appropriate services. The S‑EA provider will advise the Provider of the Participant’s decision(s).

If a Participant has a Meaningful Engagement Job Plan, Providers should add details of the SE-A Activity to their plan for meaningful engagement and adjust other tasks and activities as appropriate.

If the Participant has a Detailed Job Plan, Providers must add Code ET58 [Self-Employment Assistance Training] or Code EM52 [Self-Employment Assistance Program] to the Participant’s Job Plan to capture whether the S-EA Activity is a compulsory or voluntary requirement.

Where S-EA is a compulsory requirement, the Provider must advise the Participant of any personal responsibility. This includes recording their own attendance if the Participant’s Job Plan includes Code PA03 [Personal Responsibility to Report and Record Attendance].

Once a Participant has been referred, the Provider must ensure Participants accessing S-EA are supported in their engagement with both Inclusive Employment Australia and S-EA. Providers may wish to consider offering the Flexible Service to Participant undertaking Small Business Training.

Note: Participants in Small Business Coaching are in Unsubsidised Self-Employment. Providers may be able to anchor the Placement and claim Outcome Fees (see Section 9.5 Employment Outcome conditions and Section 11.5 Outcome Fees).

Key considerations for S-EA referrals

7.6 Specified ActivitiesCopy citation · §7.6

Specified Activities are activities with a set structure, managed by a Host Organisation under an agreement with an Australian Government department or agency. The specified conditions provide certainty and protection to both the Provider and any eligible Host Organisation that agrees to host a placement.

Specified Activities are:

• Provider Sourced Voluntary Work, and

• Observational Work Experience (OWE).

The set structure of Specified Activities means that:

• the Provider must manage Participant safety by meeting specified requirements

• the Host Organisation must deliver the Activity under specified rules, and

• Participants are covered by insurance policies taken out by the department.

When referring a Participant to a Specified Activity, the Provider must:

• confirm the Activity is suitable — i.e. the Participant is eligible, and able to undertake and benefit from the Activity

• make sure the Participant understands the purpose of the Activity and their responsibilities

• conduct a Risk Assessment for the Activity and the Participant to ensure the placement is appropriate — refer to Section 7.8.1 Risk Assessments

• ensure the Participant will have appropriate Supervision during the placement — refer to Section 7.8.2 Supervision

• make sure the Host Organisation has all the information it needs regarding the Participant

• work with the Host Organisation to ensure the Participant receives any training, equipment and clothing required

• encourage the Participant to attend the relevant activity, and

• adjust the Participant’s other participation requirements to support participation in the Activity.

(Deed Reference(s): Clause 144, 145)

7.6.1 Provider Sourced Voluntary WorkCopy citation · §7.6.1

Voluntary Work is a work experience placement that gives Participants the opportunity to gain skills to improve their Work Readiness and prospects of finding Employment, while also benefiting the community.

Some of the potential benefits of Voluntary Work for eligible Participants include:

• developing practical employability skills such as attendance and communication

• increasing networks, updating referees and building confidence

• demonstrating their skills, knowledge, experience and attitude, and gaining valuable exposure to workplaces to help them understand workplace expectations, and

• providing service to a Participant’s community.

When arranging a Voluntary Work placement, the Provider must:

• ensure the Participant is eligible and suitable for Voluntary Work

• ensure the Host Organisation is eligible to host a Voluntary Work placement

• ensure the Voluntary Work placement:

  • does not involve more than 25 hours voluntary work per week

  • does not exceed a maximum of 8 hours per day

  • includes at least one 30-minute break every 5 hours

  • does not include participation outside core business hours, including on a public holiday, unless a Participant chooses to do so and has agreed in advance, and

  • does not exceed 26 weeks unless the Provider determines this is the best participation option for the individual under the circumstances

• ensure Risk Assessments have been completed by a Competent Person

• negotiate and enter into a Voluntary Work Host Agreement, and

• monitor the Voluntary Work placement for its duration and respond to any issues that arise.

Work health and safety — Providers must report Incidents and retain Records of any action taken regarding any Incidents that occur during a Provider Sourced Voluntary Work placement in accordance with the WHS Incidents and Insurance Readers Guide – Providerssign-in required (sign-in required).

Evidence requirement — The Provider must retain evidence the Voluntary Work placement commenced (for example an email from the Host Organisation). The Department may request this information as evidence to support a progress payment.

The Provider must ensure Voluntary Work placements:

• are of benefit to the Participant and the local community and offer no financial gain to the volunteer organisation

• provide the Participant with the opportunity to gain skills that will directly improve their Work Readiness and job prospects. This can include the ability to work as part of a team, take directions from a supervisor, work independently, communicate effectively, and become more motivated and dependable, and

• do not primarily promote a particular religious or political view.

System step — The Provider must add the Participant’s placement in Voluntary Work as an Activity in the Department’s IT Systems.

This Activity may Fully Meet the Mutual Obligation Requirements of a Participant (Mutual Obligation) if Voluntary Work is an approved Activity through which the Participant can Fully Meet their requirements as outlined in Section 5.2.1 Mutual Obligation Requirements.

Providers must make Participants aware of their rights and responsibilities while in the workplace.

If a Participant has a Meaningful Engagement Job Plan, Providers should add details of the Voluntary Work placement to their plan for meaningful engagement and adjust other tasks and activities.

If the Participant has a Detailed Job Plan, Providers must add Code WE11 [Voluntary Work] to the Participant’s Job Plan to capture this Activity as a voluntary requirement.

Key considerations for Provider Sourced Volunteer Work placements

7.6.2 Observational Work ExperienceCopy citation · §7.6.2

Observational Work Experience (OWE) placements are voluntary, short-term, unpaid work opportunities that help Participants build soft skills and gain a better understanding of the workplace, an Industry, and potential career opportunities.

Some of the potential benefits of OWE include:

• providing valuable exposure to workplaces and workplace expectations

• enhancing Participants’ awareness of different careers, and

• assisting Participants to build employability skills, such as attendance and communication.

When arranging an OWE placement, the Provider must:

• ensure the Participant is eligible and suitable for OWE

• ensure the Host Organisation is eligible to host an OWE placement

• ensure the OWE placement:

  • only involves observation (allowing for participation in meetings and discussions where relevant), with no tasks to be undertaken by the Participant

  • does not involve more than 25 hours of attendance per fortnight

  • does not exceed a maximum of 8 hours per day

  • includes at least one 30-minute break every 5 hours

  • does not include participation outside core business hours, including on a public holiday, and

  • does not exceed 4 weeks. The end date must be specified in the OWS Host Agreement.

• ensure a Risk Assessment has been completed by a Competent Person

• negotiate and enter into an OWE Host Agreement with the Participant and the Host Organisation, and

• monitor the OWE placement for its duration and respond to any issues that arise.

Note: OWE placements do not need to have a reasonable prospect of future Employment with the Host Organisation. It is at the discretion of the Provider as to the number of OWE placements a Participant undertakes (with the same or another Host Organisation).

Providers must make the Participant aware of their rights and responsibilities while in the workplace.

If a Participant has a Meaningful Engagement Job Plan, Providers should add details of the OWE placement to their plan for meaningful engagement and adjust other tasks and activities.

If the Participant has a Detailed Job Plan, Providers must add Code WE10 [Unpaid Work Experience] to the Participant’s Job Plan to capture this Activity as a voluntary requirement.

Before the OWE placement commences, the Provider should discuss the preferred contact method, frequency and timing of contact with the Participant and Host Organisation to avoid disruption during the Activity.

System step — The Provider must add the Participant’s placement in OWE as an Activity in the Department’s IT Systems.

Evidence requirement — The Provider must retain evidence the OWE placement commenced (for example an email from the Host Organisation) and may be required to provide it this to the Department upon request to support evidence for a Progress Payment.

Work health and safety — Providers must report, and retain Records of any action taken regarding, Incidents that occur during an OWE placement in accordance with the WHS Incidents and Insurance Readers Guide – Providerssign-in required (sign-in required).

Key considerations for OWE placements

7.6.3 Eligible Host OrganisationsCopy citation · §7.6.3

A Host Organisation is an entity that provides employment opportunities, training, or support to Participants in collaboration with Providers.

Eligible Host Organisations can host more than one Observational Work Experience placement and/or Provider Sourced Voluntary Work concurrently where they meet the requirements for each Specified Activity.

Host Organisations must:

• have a valid ABN

• offer work-like activities and training that help Participants build skills

• teach basic expectations and behaviours needed to get and keep a job

• offer workforce experience, and

• meet all WHS requirements.

Host Organisations must not:

• engage or have engaged in any illegal operations or promote or condone any form of unlawful conduct

• be or have been or is associated with the sex industry

• promote or condone gambling

• promote or condone any form of violence, self-harm or suicide

• promote or condone any form of discrimination, including on the grounds of race, ethnic group, language, sex, religion or disability, and/or

• provide any other service or conducts themselves in a manner that is likely to bring the Participant, the Provider or the Department into disrepute.

If the Provider suspects or becomes aware that a Host Organisation has engaged in any conduct described in the list above, the Provider must:

• ensure that no Participant commences or continues in any Activity that the Host Organisation provides

• notify the Department immediately and provide information as requested by the Department, and

• if requested by the Department, cease or vary the Activity.

7.6.4 Host AgreementsCopy citation · §7.6.4

Host Agreements are agreements between the Provider, a Host Organisation and the Participant. A Host Agreement helps all parties understand their rights and obligations for a Specified Activity.

Providers must discuss with the Host Organisation, and document in the relevant Host Agreement, all the Host Organisation’s obligations regarding the relevant Specified Activity.

These obligations will depend on the type of Activity. The Department issues Host Organisation Agreement templates for different Activity types.

To assist the Provider to comply with its obligations under the Deed, the Provider must ensure each Host Agreement includes the following details for the Activity (at a minimum):

• Host Organisation deliverables, including tasks that may be undertaken by Participants

• how the Host Organisation will support and accommodate individual Participants’ needs and capabilities (including work restrictions)

• Supervision that the Host Organisation must provide

• any training and induction required before a Participant commences or undertakes particular tasks. This includes details of which party who will provide the training and induction, and which party has responsibility for ensuring it is completed, and

• Host Organisation obligations in relation to WHS and Incident reporting.

Host Organisation Agreement templatessign-in required (sign-in required) can be found on the Provider Portal.

Evidence requirement — Providers must retain evidence (either hard copy or soft copy) of the Host Agreement signed by all relevant parties.

7.7 Other ActivitiesCopy citation · §7.7

This Section outlines other Activities Providers may wish to consider while assisting Participants to improve their employment prospects and/or manage or overcome Vocational Barriers and Non-Vocational Barriers.

Other Activities are any Activities the Provider arranges or access for a Participant to attend, other than those listed as Complementary Activities or Specified Activities in these Guidelines. Other Activities can also be sourced by a Participant.

Examples include:

• work preparation activities such as:

  • soft skills training

  • foundation skills, and

  • work hardening or physical conditioning programs

• job search activities such as:

  • résumé writing sessions

  • sessions on how to apply for jobs online

  • interview preparation sessions

  • Employer meet and greet sessions, and

  • job fairs/job expos

• mentoring or coaching

• accredited vocational education and training courses

• higher education short courses

• non-accredited study

• paid or unpaid Work Trials

• part-time or casual work

• paid work experience

• work with a social enterprise or in Supported Employment Services, and

• Interventions and other non-vocational supports, such as receiving, participating in or undertaking:

  • social support services, such as housing, domestic violence or crisis/trauma

  • legal services

  • financial support services and financial counselling

  • programs that address disability, injury or health concerns

  • appointments with general practitioners and specialists (doctors)

  • appointments with allied health professionals, such as physiotherapists, occupational therapists and pain management services

  • self/help groups and peer support services

  • cultural services and social groups

  • other health services, such as drug and alcohol treatment, and/or

  • mental health services, for example psychological counselling.

Other Activities can include:

• activities with a formal structure, such as other government programs the Participant can access concurrently with the Inclusive Employment Australia program

• support services available from a range of private or community organisations, and

• activities designed by or for the Provider.

Providers should develop and adapt Activities to meet the diverse needs of local businesses and industries.

The flexibility of other Activities allows Providers to offer a wide range of supports. However, this range of conditions applying to other Activities means that:

• these Activities cannot be covered by insurance policies the Department has taken out, and

• the Provider is responsible for all aspects of the Activity, including Participant safety.

Providers must conduct a Risk Assessment of the Activity and whether it is suitable for a Participant before arranging for a Participant to undertake the Activity — refer to Section 7.8.1 Risk Assessments. Providers do not need to undertake a Risk Assessment for Other Activities arranged by the Participant.

7.7.1 Paid EmploymentCopy citation · §7.7.1

Providers may offer Participants exposure to paid work opportunities, including casual paid Employment, Work Trials and paid work experience placements. Job Placements do not need to be anchored and progressing towards an Employment Outcome to give the Participant valuable work experience and new skills. This means that Participants can try their hand at a range of jobs while receiving Pre-Employment Support.

System step — The Provider must record the Job Placement in the Department’s IT Systems.

Note: Considerations for anchoring a Job Placement and are outlined in Chapter 9: Post Placement Support.

A Participant (Mutual Obligation) may be able to Fully Meet their Mutual Obligation Requirements through Employment (see information on Fully Meeting Mutual Obligation Requirements in Section 5.2.1 Mutual Obligation Requirements).

If a Participant has a Meaningful Engagement Job Plan, Providers must add details of the Participant’s Employment to their plan for meaningful engagement and adjust other tasks and activities.

If a Participant has a Detailed Job Plan, Providers must update the Participant’s Job Plan to include Code EM56 [Paid Work], EM54 [Self-Employment] or ET53 [Apprenticeship/ Traineeship] as either a compulsory or voluntary requirement. If the Job Placement is later anchored to an Employment Outcome, the Provider must amend the Detailed Job Plan for a Participant (Mutual Obligation) to ensure that the Employment captured through Code EM56 [Paid Work], EM54 [Self-Employment] or ET53 [Apprenticeship/Traineeship] as a compulsory requirement.

During the Job Placement, Providers must record the Participant’s hours of Employment as a Personal Event — refer to Section 5.3.4 Capturing Personal Events.

Providers should consider whether a Participant who is undertaking a paid employment placement that is not progressing towards an Outcome should be supported in the Flexible Service.

When a Participant’s Employment ends, the Provider must undertake the Re‑engagement process with the Participant. This means the Provider must:

• conduct the first Contact Appointment following Re-engagement face-to-face (unless this would be unreasonable)

• determine the appropriate service offer if the Participant was receiving the Flexible Service, and

• ensure the Participant understands their participation requirements now that they are no longer in paid Employment.

System step — If a Participant’s Employment ends, and the Participant is not Exited, a voluntary face-to-face Contact Appointment should be entered into the Participant’s Electronic Calendar.

7.7.2 Education and TrainingCopy citation · §7.7.2

A secondary objective of Inclusive Employment Australia is to support education that improves a Participant’s employment opportunities.

Providers should encourage Participants to build on their existing skill sets and help them to access suitable Education and Training opportunities that increase their ability to find work.

System step — The Provider must add the Participant’s participation in Education and Training as an Activity in the Department’s IT Systems.

Early School Leavers should be required to participate in Education and Training until they have achieved Year 12 or an equivalent level qualification, unless they are already in other suitable Activities for 15 hours per week.

One way for Providers and Participants to search for suitable courses is via the Your Career website.

A Participant (Mutual Obligation) may be able to Fully Meet their Mutual Obligation Requirements through approved study (see information on Fully Meeting Mutual Obligation Requirements in Section 5.2.1 Mutual Obligation Requirements).

Participants can study any Fee-Free TAFE course or course subsidised by a State or Territory Government of less than 12 months. The Provider should seek to guide the choice of course if a Participant is selecting a subsided, accredited course but does not need to approve the Participant undertaking these courses.

Providers can also approve full-time study for Participants in short courses of less than 12 months under approved short course rules described in the Social Security Guide — see 3.11.3.10 Study & training | Social Security Guide. That is, where:

• completing the course is likely to lead to an Employment Outcome for the Participant

• there is little chance of the Participant finding employment with their existing skills

• the course will lead to qualifications in an identified area of Skills Shortage — as identified on Jobs and Skills Australia’s Occupation Shortage List, or

• the course provides skills or qualifications for occupations in areas of high labour demand.

Note: As outlined in Section 5.7 Job Search, Participants undertaking an approved course over 15 hours per week will not be required to complete any Job Search — i.e. Providers must reduce the Job Search Requirement in a Detailed Job Plan to zero and update any plan for meaningful engagement to remove Job Search.

Those on Income Support Payments wishing to undertake full-time study, other than under the conditions outlined above, should be encouraged to test their eligibility for student payments through Services Australia. Full-time students in courses longer than 12 months in duration are generally ineligible for JobSeeker Payment or Youth Allowance (Other).

Participants can undertake part-time study or short courses under their own initiative at any time but would need to continue to look for and accept suitable Employment while studying.

Participants can refuse to undertake a course that does not align with their goals and interests.

While undertaking an approved course, Providers must record the Participant’s hours of study as a Personal Event — refer to Section 5.3.4 Capturing Personal Events.

If a Participant has a Meaningful Engagement Job Plan, Providers must add details of the Participant’s Education and Training course to their plan for meaningful engagement and adjust other tasks and activities.

If a Participant has a Detailed Job Plan, Providers must update the Participant’s Job Plan to include Code ET59 [Study - part-time or full-time] or Code ET70 [Undertake Other Training] as either a compulsory or voluntary requirement.

Where a Participant has a break in their study, such as a semester break, there is no need to adjust a Participant’s Job Plan.

Providers should consider if the Flexible Service is more appropriate while a Participant is undertaking Education and Training.

When a Participant’s course ends, the Provider must undertake the Re‑engagement process with the Participant. This means the Provider must:

• conduct the first Contact Appointment following Re-engagement face-to-face (unless this would be unreasonable)

• determine the appropriate service offer if the Participant was receiving the Flexible Service, and

• ensure the Participant understands their participation requirements now that they are no longer undertaking Education and Training.

The Provider should also update the Participant’s Job Seeker Snapshot, support the Participant to update their résumé to reflect the new qualifications and work with the Participant to target jobs utilising their new skills and qualifications.

System step — When a Participant’s course ends, a face-to-face Contact Appointment should be entered into the Participant’s Electronic Calendar.

7.7.3 Participant Sourced Voluntary WorkCopy citation · §7.7.3

Participant Sourced Voluntary Work is Voluntary Work that a Participant has identified and secured for themselves.

Participant Sourced Voluntary Work has the same benefits as Provider Sourced Voluntary Work. Both Provider Sourced Voluntary Work and Participant Sourced Voluntary Work aim to develop Participants’ skills and experience with a not-for-profit community organisation.

Where Providers are aware Participants are undertaking Participant Sourced Voluntary Work, they should discuss with the Participant how the activity benefits and contributes to improving job prospects, including as a way to gain work experience and leverage job networking.

Providers should assist the Participant to include any Participant Sourced Voluntary Work placement in the Participant’s resume and should consider how the skills and experience from a Provider Sourced Voluntary Work placement can be used to target further job opportunities.

Participants may be able to Fully Meet their Mutual Obligation Requirements through Voluntary Work if the Voluntary Work is with a not-for-profit organisation (which may include a government agency or not-for-profit arm of a for-profit organisation) or community service. Providers should refer to the relevant information in Section 5.2.1 Mutual Obligation Requirements to determine if the Participant can Fully Meet their requirements through approach Voluntary Work. Alternatively, a Participant and the voluntary work organisation may have submitted a Verification of voluntary work form (SU462) to request approval directly from Services Australia.

System step — The Provider should add the Participant’s participation in Voluntary Work as an Activity in the Department’s IT Systems.

System step — The Providers should add a file note in Department’s IT Systems describing the Voluntary Work undertaken and when, and that it was sourced by the Participant.

If a Participant has a Meaningful Engagement Job Plan, Providers should add details of the Voluntary Work placement to their plan for meaningful engagement and adjust other tasks and activities.

If a Participant has a Detailed Job Plan, Participant Sourced Voluntary Work may be included as a voluntary requirement in the Job Plan using Code WE11 [Voluntary Work].

Note: A Host Agreement is not required for Participant Sourced Voluntary Work. Providers should help the Participant to understand their rights as a worker.

7.7.4 Other government programsCopy citation · §7.7.4

Participants can undertake other government programs administered by the Commonwealth, State, and Territory Governments or local governments, where:

• the Provider and Participant agree that participation would support the Participant to progress towards Employment

• the Participant meets any eligibility requirements set for the program, and

• participation would be suitable for the Participant.

Other government programs should not duplicate services Providers are contracted to deliver.

System step — The Provider should add the Participant’s participation in any other government programs as an Activity in the Department’s IT Systems.

Providers should consider if the Flexible Service is appropriate while a Participant is undertaking other government programs.

If a Participant has a Meaningful Engagement Job Plan, Providers should add details of the program to their plan for meaningful engagement and adjust other tasks and activities.

If a Participant has a Detailed Job Plan, Providers must update a Participant’s Job Plan to include a code that best reflects the program or use the free-text option to enter in details of the program. Other government programs would generally be a voluntary requirement.

7.7.5 Interventions and other non-vocational supportsCopy citation · §7.7.5

Participants can undertake activities to help address Non-Vocational Barriers at any time the Provider thinks it is in the best interest of the Participant.

Interventions are a broad range of assistance that may include:

• medical or health related services

• mental health support services

• cultural services

• personal development, such as addressing self-esteem and confidence issues.

• financial courses

• parenting courses

• anger management courses

• drug or alcohol treatment/rehabilitation programs counselling

• treatment for behavioural addictions

• obtaining stable housing

• addressing barriers associated with caring responsibilities

• addressing financial instability/difficulty, and

• addressing transport access issues.

Interventions are voluntary — this includes as part of any plan for meaningful engagement. A Provider may suggest these Activities, but Participants can refuse to undertake an Intervention.

System step — The Provider must add the Participant’s participation in Interventions as an Activity in the Department’s IT Systems.

Evidence requirement — Providers should capture Interventions offered to the Participant through the Capability Management Tool in accordance with Section 5.4 Capability Management Tool.

Arranging these Interventions may:

• include the assistance of a:

  • doctor

  • counsellor

  • psychologist

  • social worker, or

  • allied health professional, and/or

• include referral to:

  • rehabilitation provider

  • training course

  • driving lessons

  • self-help programs

  • support groups, or

  • appropriate government, health, community or private organisations.

Interventions and other non-vocational supports can be delivered either in-person or, via videoconference or phone call.

Providers should provide personalised assistance to help the Participant connect to the support or service. This may involve, for example, making a phone call and booking the appointment with the Participant, asking the Participant if they know where the appointment is and if they need assistance to attend the appointment, and following up with the Participant in a non-judgemental manner to see if they attended the appointment or if they need help to make another booking. Relationships with community organisations that provide these services will support these personalised referrals.

System step — Appointments with non-vocational service providers can be captured as a Third-Party Appointment in the Participant’s Electronic Calendar.

Providers should consider if the Flexible Service is appropriate while a Participant is undertaking Interventions.

If a Participant has a Meaningful Engagement Job Plan, Providers should add details of the Intervention to their plan for meaningful engagement and adjust other tasks and activities.

If a Participant has a Detailed Job Plan, Providers should update a Participant’s Job Plan to include a code that best reflects the non-vocational intervention or use Code NV13 [Intervention – Non-specific], with the Activity captured as a voluntary requirement.

Drug and alcohol treatment or rehabilitation in a residential program

If a Provider identifies or becomes aware that a Participant (Mutual Obligation) has reduced capability to meet their participation requirements due to a drug or alcohol dependency, the Provider should discuss this with the Participant to identify rehabilitation options that would assist the Participant to address their dependence.

Staff of residential programs and intensive treatment programs have an Implied Authority to act on behalf of an individual attending their facility.

Verbal notification of commencement into the treatment program and release is sufficient. Participants or treatment facilities are not required to provide written evidence of their participation in treatment programs. Full-time rehabilitation treatment does not have to be entered in the Participant's Electronic Calendar.

If the Participant will be undertaking non-residential drug or alcohol dependency treatment (such as counselling sessions) or is already doing so when they commence with the Provider, the Provider must schedule it in the Participant's Electronic Calendar and notify the Participant.

The Provider should record any information regarding the Participant’s participation (or refusal to participate) in treatment services in the Capability Management Tool (CMT), in the Department’s IT Systems — see Section 5.4 Capability Management Tool for further information.

This must be the only requirement that the Participant has for the duration of the residential program.

Note: As outlined in Section 5.2.1 Mutual Obligation Requirements, Participants (Mutual Obligation) who are undertaking full-time residential or intensive drug and alcohol treatment or rehabilitation do not have to undertake Appointments, Job Search or other Activities for the duration of the intervention. Participants will stay on the Provider’s Caseload and continue to be serviced by the Provider while undertaking these interventions.

If a Participant has a Detailed Job Plan, Providers should update a Participant’s Job Plan to include Code NV07 [Drug and Alcohol Rehabilitation] unless that if there are concerns over the usage of this code such that Code NV13 [Interventions – Non-specific] is more appropriate. The Detailed Job Plan must also be amended to reflect the change in their compulsory requirements for the duration of the treatment or rehibition program.

7.8 Ensuring Participant safetyCopy citation · §7.8

When a Participant attends an Activity there may be a higher risk of harm occurring to the Participant or harm occurring to others because of the Participant, due to:

• Participants interacting with a range of new people in new locations, and

• the Provider having less control over arrangements outside the Provider’s Sites.

Providers must ensure Participants are always in a safe environment when participating in Activities, including Specified Activities and any Other Activities.

The Provider must ensure each Participant is aware of how to lodge a complaint or voice safety concerns about an Activity. Where the Provider becomes aware of safety concerns, including those raised by a Participant, that cannot be addressed, the Provider must ensure that the Participant immediately ceases participation in the Activity.

Before arranging, or referring any Participant to an Activity, the Provider must confirm:

• the Activity is not prohibited under relevant state and territory laws

• its delivery is permitted under the Deed and any Guidelines

• the Host Organisation, where relevant, is complying with all work health and safety requirements in the relevant state and territory; and

• its delivery is in line with any advice provided by local authorities.

The Provider must consult, coordinate and cooperate as appropriate with relevant parties including but not limited to the Department, Complementary Service provider and Host Organisations to ensure that any work health and safety issues in relation to an Activity are appropriately managed.

Providers must assess and manage the higher risk before a Participant starts an Activity in accordance the following sections, as summarised in the following table.

(Deed Reference(s): Clause 56.1, 144, 145)

Responsibilities by Activity type

* Note: Providers are responsible for undertaking Risk Assessments for ‘other’ Activities they arrange, but not for Activities the Participant has arranged (i.e. Participant Sourced Voluntary Work).

7.8.1 Risk AssessmentsCopy citation · §7.8.1

Risk Assessments must be undertaken for all Activity placements arranged by the Provider.

The Risk Assessment is undertaken by:

• the Complementary Services provider, for Complementary Activities, and

• the Provider, for Specified Activities and other Activities.

Providers must support a Risk Assessment conducted by a Complementary Services provider by supplying any requested information about the Participant.

Providers must conduct Risk Assessments before referring a Participant to a Specified Activity or other Activity, for:

• the Activity to be undertaken, and

• the Participant undertaking the Activity.

Providers do not need to conduct a Risk Assessment for other Activities arranged by the Participant.

Providers must take suitable actions to manage any risks identified through a Risk Assessment, so there is a safe system of work in place for the activity.

If a Provider identifies that it cannot ensure appropriate safety, the Provider must:

• not arrange the Activity

• not refer any Participants to the Activity, and

• immediately end any Activity referral that has already occurred.

Complementary Activities

Providers do not need to conduct Risk Assessments for Complementary Activities. The Complementary Services provider manages risks for their Activities. However, Providers must not refer a Participant to the Activity if they are aware the Activity is not suitable for the Participant.

Complementary Services providers will also be responsible for completing Risk Assessments to ensure the health and safety of Participants when they take part in outbound Employer visits, such as guided tours of workplaces.

Providers must give Complementary Services providers all the information they require to complete relevant Risk Assessments.

Providers must confirm that a Risk Assessment for the Activity has been undertaken by an EST provider or CTA provider before placing a Participant into these Activities.

Specified Activities

Risk Assessments are part of the safety framework for Specified Activities. Having a Risk Assessment for both the Activity and Participant ensures the Provider is protected in case of injury or damage that can occur because of a placement.

Work health and safety — The Provider must ensure Risk Assessments are conducted for the Activity and Participant by a Competent Person and that Risk Assessments are updated as necessary.

Risk Assessments must be undertaken by a ‘Competent Person’ — a person who has the knowledge and skills to carry out specific work health and safety tasks. If the Provider does not have a Competent Person, it must engage a Competent Person to do Risk Assessments.

A Competent Person must complete a Risk Assessment for:

• the Activity, to:

  • check the Activity is ready to go ahead before the Provider refers the Participant, and

  • discover possible risks that might come up when the Participant takes part in the Activity

• the Participant, before the Participant commences the activity. This assessment checks the activity is suitable for the Participant and their individual circumstances.

Evidence requirement — Providers must retain copies of:

• Risk Assessments for the Activity and Participant, and

• Competent Person details – name and a description of their training, qualifications and/or experience.

Examples of a Risk Assessment templatesign-in required (sign-in required) and Competent Person register templatesign-in required (sign-in required) can be found on the Provider Portal.

When conducting Risk Assessments, the Competent Person must consider:

• the role of the Host Organisation

• the specific needs of the Participant

• the type and location of the tasks to be performed by the Participant

• the Participant’s personal circumstances

• the level of supervision required for the task to be undertaken

• the type, cause and likelihood of any risks

• the result if an Incident occurs, and

• plans to manage possible risks, including training and personal protective equipment.

Risk plans must meet relevant WHS Laws and the procedures outlined in these Guidelines. They must be reviewed and updated as necessary.

The Department can instruct a Provider to stop or change an Activity, at any time.

Other Activities

Providers must undertake a Risk Assessment before placing a Participant into any other Activity the Provider has arranged on behalf of the Participant. The Risk Assessment is to prevent injury or damage that may occur during an Activity they have arranged, and to protect the Provider from the consequences of such an injury or damage.

There are no requirements about the form or content of Risk Assessments undertaken for other Activities. The sample Risk Assessment templates for Specified Activities can be used to help record assessments.

Providers are responsible for undertaking Risk Assessments for ‘other’ Activities the Participant has arranged on their own behalf.

7.8.2 SupervisionCopy citation · §7.8.2

Participants must be adequately supervised in all Activity placements.

Providers are encouraged to work with the Host Organisation or Activity provider to arrange suitable supervision. The Supervisor should be made aware of and specific needs of the Participant. The Supervisor can be a person normally Employed as part of the Activity, or a person engaged to supervise the Participant.

Background checks are often a required way of making sure a Supervisor or other staff member is a fit and proper person.

If an Activity involves children, the elderly, disabled or other Vulnerable Person, the Provider must ensure there is continuous Supervision in place for the duration of the activity. Continuous Supervision is when the Participant is always with, near or in the line of sight of the Supervisor while taking part in the activity.

Supervisors are expected to report to the Provider if a Participant:

• does not attend the Activity, or

• does not behave properly while completing an Activity.

Complementary Activities

Complementary Service providers are responsible for organising and providing appropriate supervision during the Activity.

Specified Activities and other Activities

Providers must meet their obligations under the Deed about ensuring that there is adequate and appropriate Supervision for Activities the Provider arranges for Participants.

(Deed Reference(s): Clause 147)

Supervisors may be engaged/employed by the Provider or a Subcontractor to supervise Specified Activities or any other Activities arranged by the Provider.

Work health and safety — The Provider must ensure that it or, where relevant, each Host Organisation, provides adequate and appropriate Supervision so that the relevant Participants are undertaking appropriate tasks and operating in a healthy and safe environment.

When arranging Specified Activities, Providers must be satisfied that the Host Organisation can provide appropriate supervision. Supervisors and co-workers in close contact with the Participant in an Activity must:

• be a fit and proper person, including any background checks

• have a high level of knowledge, training and/or experience in:

  • each part of the activity they are involved in, and

  • working with, training and supervising Participants in such activities, and

• have had WHS training.

7.8.3 Background checksCopy citation · §7.8.3

For the purposes of these Guidelines, background checks include:

• Criminal Records checks

• Working with Children Checks, and

• Working with Vulnerable People checks.

Providers must:

• confirm whether background checks must be conducted for Participants, Supervisors or staff, and

• arrange and pay for any required background checks.

Background checks are normally required where:

• laws and regulations in their state or territory require the check

• there are industry standards or legal requirements that Participants, Supervisors and staff taking part in an activity, cannot have been convicted of specified crimes

• the Participant and/or Supervisor will have regular or unsupervised contact with Vulnerable Persons, including children and the elderly, or

• required by the Department.

Background checks are conducted by the relevant Activity provider for Complementary Activities, where required. Providers are not required to arrange background checks for Employability Skills Training, Career Transition Assistance, or Self-Employment Assistance activities.

Providers must find out from their relevant state and territory rules and regulations if background checks must be conducted for Participants, Supervisors, or staff during a Specified or Other activity.

If checks are needed, the Provider must contact the relevant checking organisation in their area to arrange and pay for the check to be completed before Participants are able to take part in an activity.

Note: Background checks may take some time to complete.

If a background check shows that a Participant or Supervisor should not participate in a particular Activity, then they must be stopped from participating or having supervising duties in that activity.

Note: Background checks contain Personal Information about the person. Providers must follow obligations about using and disclosing Personal Information as outlined in Part A Guidelines: Chapter 6: Privacysign-in required (sign-in required).

(Deed Reference(s): Clause 22)

7.8.4 WHS Incident managementCopy citation · §7.8.4

Providers must ensure that supervisors understand how to manage WHS Incidents at Activities and report the Incident to the Provider.

Work health and safety — Providers must notify the Department of any Incident at (or while travelling to or from) an Activity.

Reporting requirements

Providers must complete an WHS Incident Report and claim form, if the Incident could result in an insurance claim.

A summary of required actions that must happen when an WHS Incident occurs at an activity is included in the following table.

Note: There may be time limits for making claims.

Roles and responsibilities for WHS Incidents

7.8.5 Insurance for ActivitiesCopy citation · §7.8.5

The Department purchases insurance policies to cover Complementary and Specified Activities as outlined in the table below.

Department’s Insurance

The Department’s purchased insurance policies do not cover:

• illness or sickness a Participant picks up during an activity, including COVID-19, or

• activities that are not Complementary and Specified Activities.

There may be other exclusions in addition to ones listed above, in the terms and conditions of each insurance policy. Providers can still deliver Activities where tasks are excluded under the department’s policies. Providers need to consider whether alternative insurance is required.

To access the Department’s insurance coverage, Providers must comply with Incident management and reporting requirements.

The Department’s insurance policies do not cover other Activities that Providers arrange. Providers must:

• maintain insurances outlined in the Deed and must understand their coverage

• seek their own advice about whether they must take out additional insurance to cover referrals they make to other Activities, and

• confirm that organisations involved in the other Activity have appropriate insurance coverage.

Where coverage is not broad enough, Providers must purchase or fund additional insurance for the activity.

Providers must advise the Department about Incidents as they could result in a liability claim, even if a claim is not made immediately. This includes Incidents that occur during other Activities.

The Provider must also follow any instructions from the Department or the Department’s insurance broker and give them all the details of an WHS Incident after it happens.

Forms for the Provider to advise the Department of any personal accident or public and products liability Incidents are available on the Provider Portal — see Public and Products Liability Incident Reportsign-in required (sign-in required) and Public and Products Liability Claim Formsign-in required (sign-in required).

Evidence requirement — Providers must keep a copy of all WHS Incident Reports and Records so they can be used as supporting evidence in any insurance claims.