10. Ongoing support

Supporting Documents for this Chapter

Supporting Documentssign-in required (sign-in required)

• Ongoing Support needed to keep and support open employment – Provider Fact Sheet

• Purchased support and how it may contribute to hours of Ongoing Support – Provider Fact Sheet

• Ongoing Support contacts – Provider Fact Sheet

• Meaningful Exchange of Email or Text Messages – Provider Fact Sheet

10.1 Chapter OverviewCopy citation · §10.1

Ongoing Support is available to employees with disability, injury or a health condition who require support to maintain their Employment. Providers deliver continuing, tailored support to Participants, with the aim of building Participants’ and Employers’ capability to manage disability-related barriers in the workplace and building each Participant’s capacity to work independently.

Ongoing Support is available as part of the In-Employment Support phase of Inclusive Employment Australia. Entry into Ongoing Support is available to:

• eligible Participants receiving Post Placement Support from the time they achieve a 26-week Employment Outcome until they achieve a 52-week Employment Outcome, and who need Ongoing Support to keep their Employment, and

• employees already in Employment who access Inclusive Employment Australia as an eligible Ongoing Support (Work Assist) Participant to receive Ongoing Support because they are having difficulty performing the essential functions of their job due to their disability, injury or health condition.

Initially, a Participant's need for and Level of Ongoing Support is identified by the Provider. An independent Ongoing Support Assessment (OSA) is then conducted by a National Panel of Assessors (NPA) provider. The OSA will confirm that Ongoing Support is needed or recommend that it is not needed. OSAs that recommend Ongoing Support is needed remain current for a set period (either 1, 2 or 5-years) based on the circumstances of the individual Participant and must be reviewed to allow the Participant to continue receiving Ongoing Support.

Ongoing Support may continue for eligible Participants for as long as it is needed to help them keep their Employment, or until an eligible Participant no longer wishes to receive Ongoing Support. This is subject to the Participant having a current OSA that recommends they require Ongoing Support. Other requirements the Participant must meet to remain eligible for Ongoing Support are outlined in Section 10.7 When Ongoing Support can be provided.

This Chapter outlines the Provider’s responsibilities to in relation to Ongoing Support. This includes:

• identifying a Participant’s need for Ongoing Support

• organising and supporting initial OSAs and OSA reviews, and

• how to support a Participant (and their Employer) through Ongoing Support.

Providers receive Ongoing Support Fees to deliver Ongoing Support to eligible Participants — refer to Section 11.7 Ongoing Support Fees.

Other fees available while delivering Ongoing Support may include:

• Outcome Fees after a 52-week Period of sustained Employment — refer to Section 11.5 Outcome Fees, and

• Moderate Intellectual Disability (MID) Payments, which may be paid in addition to Full Employment Outcome Fees if the Participant has moderate intellectual disability and has worked on average at least 15 hours per week over the Outcome Period — refer to Section 11.6 Moderate Intellectual Disability Payment.

10.2 Levels of Ongoing SupportCopy citation · §10.2

Ongoing Support is available at 3 levels of intensity based on a Participant’s individual support needs as outlined in the table below.

(Deed Reference(s): Clause 125.1)

Levels of Ongoing Support

* Note: This is an indicative guide of hours of support for each level of Ongoing Support. The guide can be used by providers and independent Ongoing Support Assessors to inform decisions about the appropriate level of Ongoing Support for individual participants.

10.3 Determining the need for Ongoing SupportCopy citation · §10.3

Ongoing Support is available where:

• the Provider finds the Participant needs higher levels of support than most participants to maintain employment

• the Participant agrees to receive Ongoing Support, and

• an independent OSA confirms the Participant needs Ongoing Support.

When determining if a Participant in Post Placement Support requires Ongoing Support, Providers must consider how much support the Participant has needed since their Job Placement started.

Providers must assess whether a Participant needs Ongoing Support when a:

• Participant in Post Placement Support is approaching a 26-week Employment Outcome, or if a higher need for support becomes apparent at any time after the Participant has achieved a 26-week Outcome and is tracking towards a 52-week Outcome

• Participant in Post Placement Support achieves a 52-week Employment Outcome and must be Exited from Inclusive Employment Australia if Ongoing Support is not needed, or

• person who is already Employed (not currently in Inclusive Employment Australia) approaches a Provider to Directly Register as an Ongoing Support (Work Assist) Participant.

Details on determining the need for Ongoing Support are included in the table below.

(Deed Reference(s): Clause 125, 126)

Requirements when deciding need for Ongoing Support

10.3.1 Movement into Ongoing SupportCopy citation · §10.3.1

Movement into Ongoing Support differs for Ongoing Support Participants transitioning from Post Placement Support and those who enter Inclusive Employment Australia as Ongoing Support (Work Assist) Participants.

For Participants transitioning from Post Placement Support, Providers must first hold a Contact Appointment with the Participant to:

• discuss the Participant’s circumstances, Employment situation and support needs

• explain the range of supports that can be provided through Ongoing Support

• seek the Participant’s agreement to receive Ongoing Support, and

• if the Participant agrees to receive Ongoing Support:

  • request an OSA

  • commence the Participant in Ongoing Support, and

  • once the Participant has commenced in Ongoing Support, update the Participant’s Job Plan to reflect that the Participant is now receiving Ongoing Support.

Providers can immediately start delivering Ongoing Support to the Participant once they have moved them to the Ongoing Support phase in the Department’s IT Systems.

System step — Providers must change a Participant’s phase to Ongoing Support in the Department’s IT Systems.

For Participants who transition from Post Placement Support, the Level of Ongoing Support is determined by:

• the Provider in the period before the first OSA is completed, and

• the first OSA, from the date it is completed.

For Ongoing Support (Work Assist) Participants, Providers must at the Initial Interview:

• discuss the Participant’s circumstances, Employment situation and support needs

• explain the range of supports that can be provided through Ongoing Support

• if the Provider considers the Participant needs Ongoing Support to maintain their Employment, seek the employee’s agreement to receive Ongoing Support, and

• if the employee agrees to receive Ongoing Support:

  • request an OSA, and

  • enter into a voluntary Meaningful Engagement Job Plan with the Participant, to Commence the Participant.

For Ongoing Support (Work Assist) Participants, the Level of Ongoing Support is:

• set at Moderate Ongoing Support in the period before the first OSA is completed

• determined by the first OSA from the date it is completed, noting that the first OSA may only recommend either Moderate or High Ongoing Support, and

• determined by the OSA from the first 1-year OSA review and any subsequent reviews, noting that the OSA can now recommend either Flexible, Moderate or High Ongoing Support as needed.

Note: Flexible Ongoing Support generally cannot be provided to Ongoing Support (Work Assist) Participants prior to their first OSA review, which is due 1-year from the date of the initial OSA. However, a Participant can be referred for a Change of Circumstances OSA to review the initial OSA if the Provider considers Flexible Ongoing Support is appropriate, and the Ongoing Support (Work Assist) Participant has been in Ongoing Support for at least 26‑weeks.

Once the initial OSA is completed, the Provider will generally deliver Services at the Level of Ongoing Support recommended in the OSA report.

If a Participant has lower support needs for a period, a Provider can move a Participant to a lower Level of Ongoing Support, deliver the support needed for that level, and receive the corresponding Ongoing Support Fees. The Provider can, if needed, later return the Participant to the higher Level of Ongoing Support recommended in the OSA.

Providers cannot change the Participant to a higher Level of Ongoing Support than that recommended in the OSA. If a Participant’s circumstances change so that they need more support, the Provider can request a Change of Circumstances OSA.

Note: For Ongoing Support Payment arrangements before the first OSA is completed refer to relevant details in Section 11.7 Ongoing Support Fees.

(Deed Reference(s): Clause 126, 127, 128, 130, 132)

10.4 Ongoing Support AssessmentsCopy citation · §10.4

OSAs provide an independent assessment of a Participant’s need for Ongoing Support, including for Ongoing Support (Work Assist) Participants. As noted in Section 2.6 Ongoing Support Assessments, OSAs are conducted by Ongoing Support Assessors who are NPA providers.

The Ongoing Support Assessor will make a recommendation on the Level of Ongoing Support needed by the Participant (Flexible, Moderate and High) or may recommend that Ongoing Support is not needed, as set out in the NPA Guidelines: Chapter 3: Ongoing Support Assessments.

The Ongoing Support Assessor will also recommend a timeframe for the next OSA review of either 1, 2 or 5-years. The timeframe for the next OSA review is based on the Participant’s circumstances, the requirements of their Employment, and stability and permanence of their support needs.

All Ongoing Support (Work Assist) Participants will have their first OSA review set at 1-year from the date of their first OSA. At any next and subsequent reviews, the Ongoing Support Assessor may set the next review due date at 1, 2 or 5-years.

Providers are responsible for deciding when an OSA is needed:

• to confirm a Provider’s Assessment that a Participant needs Ongoing Support (‘initial’ OSA), and

• when a Provider thinks an Ongoing Support Participant’s support needs have changed (Change of Circumstances OSA).

The Department’s IT Systems will remind Providers when OSA reviews are due based on the time for review set at the last OSA, of either 1, 2 or 5-years. After that period expires, a new OSA must be conducted if the Provider decides, and the Participant agrees, that the Participant continues to need Ongoing Support.

(Deed Reference(s): Clause 108.4, 125, 129, 130)

10.4.1 Requesting an OSACopy citation · §10.4.1

Providers must submit an OSA Allocation request within 2 days of:

• a Participant moving to the Ongoing Support phase for Participants who have achieved a 26 or 52-week Employment Outcome

• the Provider moving an Ongoing Support (Work Assist) Participant into the Ongoing Support phase, or

• being notified that an OSA review is due.

System step — The Department’s IT Systems will notify Providers 6-weeks before an OSA review is due. The Provider must request an OSA Allocation through the Department’s IT Systems.

The Department’s IT Systems will allocate the OSA to an Ongoing Support Assessor, who will accept or reject the allocation within 2 Business Days of receiving it. If the OSA allocation is rejected, the Provider must resubmit the OSA allocation.

Note: If the Provider does not think further Ongoing Support is needed beyond the end of the current period of Ongoing Support, the Provider does not need to take any action to schedule an OSA review. Ongoing Support must end by the OSA review due date, and the Provider must Exit the Participant from Ongoing Support or from Inclusive Employment Australia in accordance with 10.8.2 Exits from Ongoing Support.

(Deed Reference(s): Clause 125)

10.4.2 Supporting the OSACopy citation · §10.4.2

As noted in Section 2.6 Ongoing Support Assessments, Providers must support the Ongoing Support Assessor with information about the Participant, including providing any supporting evidence as outlined in 10.4.3 Supporting evidence for OSAs.

The Ongoing Support Assessor may seek the Provider’s help in contacting the Participant to arrange an interview. The Provider must advise the Ongoing Support Assessor as soon as possible if they cannot contact the Participant.

The Ongoing Support Assessor may ask the Provider to:

• support and attend the interview with the Participant, a Participant’s nominee and/or Participant’s advocate(s)

  • the interview can include third party attendance by a nominee or advocate for the Participant, or

  • with the Participant’s consent, the interview can be with the nominee or advocate instead of the Participant

• arrange the workplace component of the OSA if the Participant has given consent for their Employer to be contacted, to allow the Ongoing Support Assessor to conduct the Employer interview in the Participant’s workplace, and

• take part in the Employer interview.

(Deed Reference(s): Clause 133.3) 

10.4.3 Supporting evidence for OSAsCopy citation · §10.4.3

Providers must help the Ongoing Support Assessor make a correct assessment in the OSA by providing documentation outlining the support provided to the Participant over the Job Placement period.

Evidence for OSAs

Providers can also help the Ongoing Support Assessor by including information about the Participant’s:

• current and previous barriers to work, including how those barriers affect the Participant and the Participant’s progress against them, and

• support history and expected support requirements.

10.4.4 OSA outcomesCopy citation · §10.4.4

The Ongoing Support Assessor undertakes the OSA by:

• conducting interviews with the Provider, Participant and Employer (where agreed)

• preparing the Assessment report and deciding on a recommendation

• completing and submitting the Assessment report on the Department’s IT Systems.

System step — The Department’s IT Systems will notify the Provider of the OSA recommendation, and the full Assessment report will be viewable.

Possible recommendations in the OSA report are:

• Ongoing Support is needed (and the Level of Ongoing Support), or

• Ongoing Support not needed.

(Deed Reference(s): Clause 125.6)

When an OSA recommends Ongoing Support is needed

When the outcome of an OSA is that Ongoing Support is needed, the Provider must:

• discuss the recommended Level of Ongoing Support (Flexible, Moderate or High) with the Participant at their next Contact

• agree how the Ongoing Support will be delivered

• update the Participant’s Job Plan, if needed, and

• deliver the recommended Level of Ongoing Support (except in the circumstances outlined below).

The Provider:

• cannot receive Payment for a higher Level of Ongoing Support than the recommended Level of Support

• can refer a Participant for a Change of Circumstances OSA at any time if the Participant’s needs have changed and they need a higher Level of Ongoing Support, and

• can deliver a lower Level of Ongoing Support than the recommended Level during periods where the Participant does not need their usual Level of Ongoing Support (see the following exception for Ongoing Support (Work Assist) Participants).

For Ongoing Support (Work Assist) Participants, the Provider:

• cannot generally deliver Flexible Ongoing Support to an Ongoing Support (Work Assist) Participant prior to their first OSA review, which is due 1-year from the date that the first OSA was completed, and

• can refer a Participant for a Change of Circumstances OSA if the Provider decides Flexible Ongoing Support is the most appropriate Level, and the Participant has been in Ongoing Support for at least 26-weeks.

When an OSA recommends Ongoing Support is not needed

When the outcome of an OSA is that Ongoing Support is not needed, the Provider must:

• for a Participant who has achieved a 26-week Employment Outcome:

  • if the Participant is still Employed and is continuing to work towards a 52-week Employment Outcome, return the Participant to Post Placement Support

  • if the Participant is still Employed and the 52-week Employment Outcome has been achieved, Exit the Participant from Inclusive Employment Australia as an independent worker

• if the Participant is no longer tracking towards a 52-week Employment Outcome, Exit the Participant from Inclusive Employment Australia, or

• for an Ongoing Support (Work Assist) Participant, Exit the Participant from Inclusive Employment Australia.

10.4.5 Disputing the OSACopy citation · §10.4.5

Providers or Participants can dispute an OSA report if they think the content or recommendation of the report is not right. Assessments must be disputed as soon as possible, and within 28 days of the OSA completion date. Providers can include more information, if appropriate.

To dispute an OSA report (within 28 days of OSA completion date):

• the Provider or Participant contacts the Ongoing Support Assessor to explain their view and to present reasons and evidence (including any other information)

• if the Ongoing Support Assessor agrees changes are needed, they will:

  • ask the DSS Relationship Manager to set the OSA report status to ‘In review’, and

  • update the Recommendation Summary section of the report, setting out the review reasons and outcome, including a summary of any changes

• if the Ongoing Support Assessor does not agree to change the OSA report and the Provider still considers the recommendation is incorrect, the Provider can contact the DSS Relationship Manager. The Department will aim to decide an outcome to the dispute within 28 Business Days.

Providers and Participants cannot dispute an OSA more than 28 Business Days after the report is completed. Providers can request a Change of Circumstances OSA to review the OSA if they think an OSA completed more than 28 days ago does not reflect the Participant’s current needs.

Note: The Department’s Assessment team tracks OSA requests. If the Department thinks a Provider is making unnecessary OSA requests, the Provider will be asked to provide justifications for consideration by the Assessment team.

10.5 Support to be provided to ParticipantsCopy citation · §10.5

Providers must deliver support needed for the Participant’s Level of Ongoing Support, including Ongoing Support Contacts as outlined in Section 10.6 Participant Contact. Most of the Ongoing Support is expected to be on-the-job assistance and delivered through Provider Contacts with Participants. Contacts may be delivered in the Participant’s workplace where all parties agree (i.e. the Participant, Employer and Provider).

Support must focus on helping the Participant meet the requirements of their current Employment, as outlined below and in the Ongoing Support needed to keep and support open employment – Provider Fact Sheetsign-in required (sign-in required) on the Provider Portal.

However, Providers can also provide support to help a Participant to change roles where this support assists them to maintain ongoing Employment longer-term. Supports to change roles can be used to help Participants to either seek a promotion or role change with their current Employer or obtain new, sustainable Employment and include:

• up-skilling of a Participant, including qualifications, if the Participant is reasonably likely to find new sustainable Employment or is seeking opportunities for promotion or a role change with their current Employer. Up-skilling does not need to be in the Participant’s current industry, and

• Job Search to help the Participant to look for new sustainable Employment.

Providers should ensure that any supports provided through Ongoing Support to help a Participant to change roles, are balanced against the need to continue providing Ongoing Support to the Participant to maintain their current Employment while working towards a change in role.

10.5.1 Provider supportsCopy citation · §10.5.1

Providers can deliver a range of supports to a Participant through Ongoing Support, including:

• social and behavioural help

• cognitive help

• vocational help

• physical help and personal care

• workplace environment help, and

• special help (counselling, treatment of episodic conditions, prevention of harm).

The support provided through Ongoing Support must:

• be necessary, reasonable and directly relate to keeping the Participant’s Employment

• address the gap between the Participant’s job requirements and what they can do (or has difficulty doing) due to their disability, injury, or health condition

• for professional services such as psychological Interventions, must be evidence-based and delivered by health professionals that meet Australian registration requirements, and

• be value for money.

The support may include:

• Participant Training related to their current Open Employment

• on-the-job help and guidance

• skills Training needed to up-skill a Participant’s qualification and or skills in their current Employment or new Employment

• advising and supporting employers

• employer and co-worker training

• evidence-based psychological counselling such as cognitive behavioural therapy

• advising or counselling family members, and

• traveling time to provide support.

System step — Providers must record details of Ongoing Support delivered to a Participant in the Department’s IT Systems, including information on the Instances of Flexible Ongoing Support provided and the Contacts delivered for Moderate and High Ongoing Support.

The support provided must not duplicate, substitute, or subsidise:

• Employer obligations

• other requirements under the Deed, or

• help available under any other Commonwealth, State or Territory Government service, including supports available as part of a Participant’s NDIS plan.

Note: Where a Participant requires Ongoing Support and is also receiving assistance through a worker’s compensation scheme, the Provider must only provide the Services the Participant requires that are over and above what they are being provided through worker’s compensation, as well as giving consideration to whether or not Ongoing Support can be provided as detailed in 10.7 When Ongoing Support can be provided.

The following Provider actions may not be counted towards Ongoing Support provided to a Participant:

• contacts that do not help to keep or support the Participant’s current Open Employment

• job search activities, except after upskilling has been completed and recorded in the Job Plan

• contacts and interventions that are delivered as part of an NDIS plan, including where the Provider is also an NDIS provider for the Participant

• Subcontracting arrangements unless approved by the Department, and

• time spent by staff at meetings, training and undertaking administration.

Further guidance on the types of Ongoing Support a provider may deliver is available in the Ongoing Support needed to keep and support open employment – Provider Fact Sheetsign-in required (sign-in required) on the Provider Portal.

10.5.2 Purchased supportCopy citation · §10.5.2

Support bought from the Provider’s Own Entity, a Related Entity or third-party organisation can be delivered in addition to required Contacts.

Details on whether purchased support can or cannot be counted towards Ongoing Support provided to the Participant are included in the Purchased support and how it may contribute to hours of Ongoing Support – Provider Fact Sheetsign-in required (sign-in required) on the Provider Portal.

Note: Purchased support will be considered by an Ongoing Support Assessor when deciding how much support the Participant needs during an OSA review. Ongoing Support Assessors will generally consider that bought support delivered in a group setting equates to a lesser amount of individual support.

10.6 Participant ContactCopy citation · §10.6

For Flexible Ongoing Support, a Provider can deliver support when needed, up to a maximum of 6 ‘Instances’ of support in any 26-calendar week period. An Instance is one or more contacts delivered by a Provider equating to at least 4 hours of Service and can be delivered on a single day or across multiple dates. A Payment will be made for each Instance of Flexible Ongoing Support completed in the Department’s IT Systems, up to the maximum allowed of 6 Instances within any 26-calendar week period.

System step — Providers must complete details of each Flexible Ongoing Support Instance provided to the Participant in the Department’s IT Systems to generate the Payment of a Flexible Ongoing Support Fee. The Department’s IT Systems will allow Providers to record details for Instances that occur across multiple dates.

System step — Details of the amount and type of Support and how and to whom it was delivered by the Provider, must be recorded in the Participant Summary.

Note: Under Inclusive Employment Australia a Provider must deliver the majority of each Flexible Ongoing Support Instance directly to a Participant. However, if it is not in the Participant’s best interests to be included in every aspect of the Instance, such as a meeting between the Provider and Employer or a Provider delivering advice or counselling to a family member, the Participant is not required to be present for that part of the Instance.

Note: For current Ongoing Support Participants and Ongoing Support (Work Assist) Participants, Instances of Flexible Ongoing Support can be completed in the Department’s IT systems up to 28 days after they were delivered.

Note: If a Participant Exits Inclusive Employment Australia, all Instances of Flexible Ongoing Support must be completed in the Department’s IT Systems before the Participant is Exited.

For Moderate or High Ongoing Support, a Provider is required to deliver support via the minimum number of Contacts – 6 Contacts per quarter for Moderate Ongoing Support, and 12 Contacts per quarter for High Ongoing Support.

System step — Providers must record details of each Moderate and High Ongoing Support Contact in the Department’s IT Systems to both generate Payments of Ongoing Support Fees and to support minimum Contact assurance processes.

System step — Details of the amount and type of Support and how and to whom it was delivered by the Provider must be recorded in the Participant Summary.

Note: Under Inclusive Employment Australia a Provider must deliver the majority of Moderate or High Ongoing Support Contacts directly to a Participant. However, if it is not in the Participant’s best interests to be included in every Contact, such as a meeting between the Provider and Employer or a Provider delivering advice or counselling to a family member, the Contact may be delivered wholly or partly to another person.

Note: For current Ongoing Support and Ongoing Support (Work Assist) Participants, Contacts for Moderate or High Ongoing Support can be completed in the Department’s IT Systems up to 28 days after they were delivered.

Note: If a Participant Exits Inclusive Employment Australia, all Contacts for Moderate or High Ongoing Support must be completed in the Department’s IT Systems before the Participant is Exited.

Moderate and High Ongoing Support Fees may be payable to a Provider monthly (by default) or quarterly. The frequency of Moderate and High Ongoing Support Contacts required for each month or quarter is outlined in the following table.

Ongoing Support Minimum Contacts and Payment requirements

Note: Providers are required to deliver the minimum number of Contacts for the Level of Ongoing Support as recommended by the OSA. Pro-rata recovery of Ongoing Support Fees for Contacts not delivered may apply and will be considered on a case-by-case basis.

Note: If a Participant has lower support needs for a period, a Provider can move the Participant to a lower Level of Ongoing Support, deliver the support required for that level, and receive Payment for the corresponding Ongoing Support Fees.

Providers must agree the Contact schedule and modes of Contact with the Participant when providing Ongoing Support. Support counts as an Ongoing Support Contact when it is delivered to the Participant in one of the following accepted forms:

• face-to-face

• phone conversation

• videoconference, and

• meaningful exchange of email or text messages — that is, more than one message that includes:

  • details about support the Participant needs to keep Employment and work independently, and

  • one or more responses to the messages by the Participant.

More information is available in the Ongoing Support contacts – Provider Fact Sheetsign-in required (sign-in required) available on the Provider Portal.

More information on use of email or text messages is available in the Meaningful exchange of email or text messages – Provider Fact Sheetsign-in required (sign-in required) available on the Provider Portal.

Note: Participation requirements may continue to apply to Participants (Mutual Obligation) and DSP Recipients (Compulsory Requirements) while they receive Ongoing Support. Providers should refer to Section 5.6.1 Appointments for further information on how to capture Contacts and Contact Appointments for those with a Meaningful Engagement Job Plan or Detailed Job Plan.

10.7 When Ongoing Support can be providedCopy citation · §10.7

Providers are expected to deliver Ongoing Support to an eligible Ongoing Support Participant or Ongoing Support (Work Assist) Participant while the Participant:

• remains Employed and working in an Open Employment position, and

• undertakes work at an average of at least 8 or more hours per week where a Participant’s assessed future work capacity with intervention is 8 hours or more, or

• the Participant can work fewer than 8 hours a week where the Participant’s assessed future work capacity with intervention is less than 8 hours per week, or they are an Ongoing Support (Work Assist) Participant.

Note: Participants who have received Ongoing Support since before 1 July 2018 can continue to receive Ongoing Support under the conditions that applied when they first received Ongoing Support. These ‘grandfathered’ Participants can receive Ongoing Support while they are still Employed and working, even if they average less than 8 hours work per week.

(Deed Reference(s): Clause 125, 126, 127, 128)

When a Participant moves to a new job while in Ongoing Support

Multiple changes of Employment are available during any period of Ongoing Support, but all new Employment must be Employment that contributes to an Employment Outcome. That is, it cannot be Employment that meets the definition of a Non-Payable Outcome.

System step — If the Participant finds a new job, the Provider must enter details of the new Employment into the Department’s IT Systems and keep Documentary Evidence as verification.

Note: A Change of Circumstances OSA is only required if the Provider considers that the Participant’s circumstances have changed due to the change in Employment.

Participants receiving worker’s compensation

A Participant is usually considered to be Employed while they are receiving worker’s compensation payments. During this period, worker’s compensation is the primary source of Employment supports. This means a Participant may need less (or no) Ongoing Support during a period of worker’s compensation.

The Provider must:

• Exit the Participant, if the Provider or Ongoing Support Assessor decides the Participant no longer needs Ongoing Support above the support provided through worker’s compensation, or

• Suspend the Participant, if they are working fewer than 8 hours per week and have an Employment Benchmark of 8 hours (unless exempt as outlined above).

Note: Refer to Section 10.8.1 Suspending Ongoing Support for additional circumstances where a Provider Exit must be considered.

If a Provider intends to continue delivering Ongoing Support to a Participant receiving worker’s compensation, they must refer the Participant for a Change of Circumstances OSA. The OSA will assess how much support the Participant needs through Ongoing Support while they are being supported through worker’s compensation. This avoids doubling up of resources.

There is a worker’s compensation scheme for each state and territory and 3 Commonwealth schemes. Each one is governed by different laws and may vary in the way it operates. Providers should familiarise themselves with the relevant schemes to understand what support is provided under schemes that apply in their ESA.

10.8 When Ongoing Support is not neededCopy citation · §10.8

When a Participant does not need Ongoing Support, the Provider must follow the guidance for Suspending and Exiting Participants as outlined in Chapter 3: Commencements, Transfers, Suspensions and Exits. In addition to this guidance, other considerations for Suspending and Exiting Participants from Ongoing Support are outlined below.

10.8.1 Suspending Ongoing SupportCopy citation · §10.8.1

Providers can Suspend a Participant in Ongoing Support, to pause the Participant’s Period of Registration and temporarily stop delivery of Ongoing Support for the duration of the Suspension period. Suspending the Participant prevents:

• continued delivery of Contacts at a time when the Participant is unable to receive help from the support, and

• condensed delivery of Contacts, once a Participant can participate, to meet support requirements for the relevant Level of Ongoing Support within the set Ongoing Support delivery period.

Providers can Suspend a Participant, as appropriate, for up to 13 Consecutive Weeks. The Provider can extend the Suspension period for a further 13 weeks if required by the Participant. The Provider may extend the Suspension multiple times to a maximum of 12 months in one consecutive period.

Note: The Provider must discuss the Suspension period and any extensions to this period with the Participant.

Providers:

• must Suspend Ongoing Support when a Participant does not meet the requirements to receive Ongoing Support (unless an Exit is more appropriate)— refer to Section 10.7 When Ongoing Support can be provided, and

• may Suspend Ongoing Support during periods when they consider the Participant does not need Ongoing Support.

Examples of scenarios where Providers can Suspend a Participant to allow for any breaks in the Participant’s Employment or periods where the Participant is temporarily unable to meet their requirement to keep Ongoing Support eligibility, are outlined below.

When a Participant takes leave

Providers may Suspend a Participant in Ongoing Support if a Participant does not need support for a period (for example, during Christmas shutdowns, annual leave, extended periods of sickness leave, parental leave or long service leave).

Providers can offer to continue to deliver Ongoing Support for up to 4 weeks without Suspending the Participant if the Participant requires help to keep their Open Employment during a period of short leave such as annual leave or over the Christmas shutdown. If the Participant does not agree to receive help over this period, the Provider must Suspend the Participant.

A Participant who is Suspended from Ongoing Support may request that they receive Ongoing Support before the Suspension is due to be completed, for example, to assist them to prepare to return to Employment following a period of leave. In such cases, the Provider may lift the Suspension early and provide Ongoing Support.

The earliest date on which the lifting of a Suspension from Ongoing Support can take effect is the next business day after the Provider updates the Suspension end date in the Department’s IT Systems.

A Provider may if required deliver Ongoing Support to a Participant before a Suspension has been lifted in the Department’s IT Systems, for example, on the day a Suspended Participant requests Ongoing Support. When the lifting of the Suspension has taken effect in the Department’s IT Systems on the next business day, the Provider may complete the Instance or Contact with a completion date of the day after the Instance or Contact was delivered. The Provider must keep Documentary Evidence that shows the actual date that the Instance or Contact was delivered.

System step — To lift the Suspension early, the Provider must update the Suspension end date details in the Department’s IT Systems.

System step — The Provider must record the Instance or Contact in Department’s IT Systems and keep Documentary Evidence, including evidence that shows the actual date that it was delivered.

When a suspension is required for longer than 12 months

Providers can generally only Suspend Participants in Moderate or High Ongoing Support for a maximum of 4 consecutive 13-week periods (up to a total of 12 months). In some cases, the Department may approve an extension of a Participant’s Suspension beyond 12 months, for example if the Participant is on parental leave. Where approved, the Provider may extend the Suspension period for a further 13 weeks. This may be done multiple times, with approval. Providers should follow their Organisation’s communication protocol to submit a request to their Account Manager for Ongoing Support Suspension extensions.

When a Participant is unable to meet the 8-hour Employment requirement

Unless exempt, Participants must work at an average of at least 8 or more hours per week to receive Ongoing Support. If the hours of Employment for an Ongoing Support Participant fall below 8 hours per week on average, the Provider should Suspend delivery of Ongoing Support until the hours increase or the Provider assesses that the Participant should be Exited as outlined in Section 10.8.2 Exits from Ongoing Support.

Note: Exempt Participants include Participants with an Employment Benchmark of less than 8 hours, Ongoing Support (Work Assist) Participants and ‘grandfathered’ Participants who have continued to receive Ongoing Support since before 1 July 2018, as outlined in 10.7 When Ongoing Support can be provided.

When a Participant receiving Ongoing Support is tracking towards an Employment Outcome

In addition to the Suspension provisions outlined above, if an Ongoing Support Participant is tracking towards a 52-week Employment Outcome, they may have a short break in Employment for a Permissible Break or Voluntary Change in Employment. Further information about Permissible Breaks and Voluntary Changes in Employment is outlined in Section 9.5.3 Permissible Breaks and Voluntary Changes in Employment.

10.8.2 Exits from Ongoing SupportCopy citation · §10.8.2

The Department’s IT Systems will automatically Exit any Participant receiving Ongoing Support who has not received any Flexible Ongoing Support Instances for any period of 52 Consecutive Weeks.

Providers must Exit an Ongoing Support Participant from Inclusive Employment Australia if:

• the Provider decides the Participant no longer requires Ongoing Support, unless the Participant is moved back to Post Placement Support because they are tracking towards a 52-week Employment Outcome

• an OSA recommends the Participant no longer requires Ongoing Support, unless the Participant is moved back to Post Placement Support because they are tracking towards a 52-week Employment Outcome

• the Participant has achieved a 52-week Employment Outcome and requests to leave Ongoing Support, and is:

  • Fully Meeting their Mutual Obligation Requirements or has an Exemption, or

  • a Volunteer (Non-Mutual Obligation)

• the Participant ceases to be in Employment, Unsubsidised Self-Employment, Traineeship or Apprenticeship (excluding any time during a Voluntary Change in Employment), unless the Participant is moved back to Pre-Employment Support, or

• the Participant is in Moderate or High Ongoing Support and Ongoing Support has been Suspended for more than 12 months (unless otherwise agreed by the Department as outlined in 10.8.1 Suspending Ongoing Support).

Providers must Exit an Ongoing Support (Work Assist) Participant from Inclusive Employment Australia if the:

• Provider considers the Participant no longer requires Ongoing Support

• OSA recommends the Participant no longer requires Ongoing Support

• Participant requests to leave Ongoing Support

• Participant ceases to be in Employment, Unsubsidised Self-Employment, Traineeship or Apprenticeship, or

• Participant is in Moderate or High Ongoing Support and Ongoing Support has been Suspended for more than 12 months (unless otherwise agreed by the Department as outlined in 10.8.1 Suspending Ongoing Support).

Note: Participants who have been Exited from Inclusive Employment Australia but are still in Employment may re-enter Inclusive Employment Australia as an Ongoing Support (Work Assist) Participant if they need Ongoing Support again in the future.

(Deed Reference(s): Clause 126.1(b), 128, 132.1(e), 154.12, 154.13)

10.9 Additional considerations for Ongoing Support (Work Assist) ParticipantsCopy citation · §10.9

Employees who are already in Employment (not currently in Inclusive Employment Australia or an Other Employment Service) may become an Inclusive Employment Australia Participant to access Ongoing Support because they are having difficulty performing the essential functions of their job due to their disability, injury or health condition.

Some of these Participants may have found their own Employment and may have never interacted with Inclusive Employment Australia or an Other Employment Service before. Others may be former Participants who have Exited Inclusive Employment Australia and then commence in Inclusive Employment Australia again as an Ongoing Support (Work Assist) Participant because there has been a change in their circumstances that is affecting their Employment.

Ongoing Support (Work Assist) Participants do not have an Employment Benchmark. Providers must address the Participant’s Employment barriers and build their capacity, so Participants can keep or resume their usual hours of Employment.

Ongoing Support (Work Assist) Participants receive the same supports as Inclusive Employment Australia Participants who move from Post Placement Support to Ongoing Support.

There are some special conditions for Registering, commencing, assessing and servicing Ongoing Support (Work Assist) Participants.

Ongoing Support (Work Assist) Participants:

• must meet the eligibility criteria to be Directly Registered as listed in Section 1.3.6 Ongoing Support (Work Assist) Participants

• do not require an ESAt or JCA

• do not have to work a minimum of 8 hours per week to continue receiving Ongoing Support

• are not subject to the Initial Engagement Period

• can only receive Moderate Ongoing Support until the initial OSA is completed

• will have the due date for their first OSA review set 1-year from the date the initial OSA was completed, and

• cannot in general* receive Flexible Ongoing Support prior to their first OSA review to allow the Provider and Ongoing Support (Work Assist) Participant adequate time and more regular contact through Moderate or High Ongoing Support to develop a relationship that enables them to work together to address the barriers and urgent support needs that prompted the Participant to reach out for support through Inclusive Employment Australia.

* Note: If a Provider decides during the first year of Ongoing Support that Flexible Ongoing Support is the most appropriate Level of Ongoing Support for an Ongoing Support (Work Assist) Participant, the Provider may, after at least 26 weeks of Moderate or High Ongoing Support, refer the Participant for a Change of Circumstances OSA to determine if Flexible Ongoing Support is the right Level of Ongoing Support for the Participant.

Providers should refer to Section 10.4 Ongoing Support Assessments and Section 10.5 Support to be provided to Participants for further guidance on OSAs and delivery of support for Ongoing Support (Work Assist) Participants.

(Deed Reference(s): Clause 108.4, 113.6, 125.4, 127, 128, 129, 130, 132)

10.10 Support to be provided to EmployersCopy citation · §10.10

If a Participant who is eligible to receive Ongoing Support chooses not to disclose their injury, disability or health condition to their Employer, the Provider must not disclose this information to the Employer and must not contact the Employer about Ongoing Support. In this situation, the Provider will deliver Ongoing Support to the Participant only.

When a Participant does agree to the Provider contacting their Employer about Ongoing Support, the Provider must work with both the Participant and the Employer to support the Participant to keep their current Employment.

Most of the Ongoing Support help is expected to be on-the-job assistance and is delivered through Provider Contacts to support Participants to meet the requirements of their role.

Supports must be tailored to the individual needs of the Participant and the Employer. Employer supports are outlined in the following table.

(Deed Reference(s) Clause 121)

Employer Supports