Chapter 1. Operational Requirements

Supporting Documents:

• Workforce Australia Brand Style Guide for Providerssign-in required (sign-in required)

1.1. Chapter OverviewCopy citation · §1.1

The following Chapter outlines various operational requirements for Providers in delivering Services under their Deed.

1.2. Workforce Australia BrandingCopy citation · §1.2

The Workforce Australia brand has been developed as a masterbrand to frame employment and skills services delivered by the Australian Government. The Department's employment and skills services, programs or initiatives are promoted under this masterbrand.

Providers must use the Workforce Australia masterbrand in the delivery of Services and in accordance with the Workforce Australia Brand Style Guide for Providerssign-in required (sign-in required) (the Brand Style Guide). For the avoidance of any doubt, the Brand Style Guide is a Guideline for the purposes of the employment services Deed(s) relevant to your organisation.

1.3. Recipient Created Tax InvoicesCopy citation · §1.3

In certain circumstances, including where automatically generated through the Department’s IT Systems, the Department may issue a Tax Invoice to the Provider in relation to certain Payments made by the Department to the Provider for the delivery of Services under the Deed. This Tax Invoice will be a recipient created tax invoice (RCTI) for the purposes of the GST Act and will be labelled as an RCTI when issued by the Department. In these circumstances, the Provider is not required to submit a Tax Invoice to the Department, under the Deed.

Where an RCTI is issued by the Department, including where automatically generated through the Department’s IT Systems, the Provider acknowledges and agrees that:

• the Department can issue an RCTI to the Provider for the delivery of those Services under the Deed;

• it will not render a Tax Invoice to the Department for the delivery of Services under the Deed for which the RCTI relates; and

• it is registered for GST and it will notify the Department if it ceases to be registered for GST.

The Department acknowledges that it is registered for GST and will notify the Provider if it ceases to be registered for GST.

1.4. Fraud and Corruption TrainingCopy citation · §1.4

To assist Providers in meeting their obligations under the Deed(s) in respect of the prevention of Fraud and Corruption, the Department has developed a Fraud and Corruption training module (available on the Learning Centresign-in required (sign-in required)). Providers must ensure any of their Personnel who will have access to the Department's IT Systems complete this training.

Providers should be aware of Fraud and Corruption risks that exist within the delivery of employment services and put in place Fraud and Corruption detection practices, policies and procedures, which are proactively reviewed. Procedures should include a clear reporting process for suspected Fraud or Corruption.

1.4.1. Fraud and Corruption Awareness and Training ExpectationsCopy citation · §1.4.1

Providers must adopt practices to ensure its Personnel are aware of their obligations under the Deed and this Guideline. Providers must also ensure all Personnel complete the Fraud and Corruption training modulesign-in required (sign-in required):

• upon initial commencement with the Provider; and

• once every 12 months during their engagement.

Providers should note that the Fraud and Corruption training modulesign-in required (sign-in required) has been developed to cater for the delivery of all employment services. It is not a substitute for any tailored internal Fraud and Corruption training Providers make available to their Personnel. Providers must consider the nature of the employment services they are delivering and Personnel interaction with those employment services. Where required, the Provider must supplement the Fraud and Corruption training module with its own additional Fraud and Corruption training, within the timeframes above.

1.4.2. Fraud and Corruption Training ModuleCopy citation · §1.4.2

The Department’s Fraud and Corruption training modulesign-in required (sign-in required) explains:

• what Fraud and Corruption is

• why people commit Fraud and Corruption, its impact and consequence

• unauthorised access, inadvertent access and conflict of interest

• the legal framework around Fraud and Corruption; and

• how to report Fraud and Corruption.

1.4.3. Personnel ComplianceCopy citation · §1.4.3

Providers must monitor and annually self-audit Personnel completion of Fraud and Corruption training. The Department may request details of a Provider’s self-audit at any time and may conduct its own audit of a Provider’s compliance with the requirements, where this may be deemed necessary.

Where Fraud and Corruption training is undertaken outside of the Department’s Learning Centre, the Provider must retain records of Fraud and Corruption training undertaken by their Personnel and must make this available to the Department on request.

1.4.4. Fraud and Corruption ResponsibilitiesCopy citation · §1.4.4

It is all Personnel's responsibility to report any suspected fraudulent or corrupt activity relating to employment services as soon as they become aware of or suspect it.

When reporting Fraud or Corruption, Personnel should provide as much information as possible, including (where possible):

• Who is the subject of the suspected Fraud or Corruption?

• When and where did the suspected Fraud or Corruption occur?

• What sensitivities, if any, there may be?

• How did the subject/s commit the suspected Fraud or Corruption?

If there is any information available which supports the allegation, this information should also be provided.

1.4.5. Reporting Fraud or CorruptionCopy citation · §1.4.5

There are a number of mechanisms available to report Fraud and Corruption.

All current and former Personnel of a Provider who suspect Fraud or Corruption should report their concerns to the Department's fraud team via fraud@dewr.gov.au.

Fraud or Corruption can also be reported anonymously via the Department’s online reporting tool, Whispli. Whispli allows Personnel to report Fraud or Corruption and communicate directly with the Department without disclosing their identity. Whispli can be accessed via the Department’s ‘How to Report Fraud and Corruption’ webpage.

Conduct by Personnel of a Provider that may breach the Deed or this Guideline, which can include instances of Fraud or Corruption, can be reported to the Employment Services Tip off Line at ESTipOff@dewr.gov.au.

The Public Interest Disclosure Scheme is an avenue for all current and former Personnel of a Provider to report disclosable conduct, which includes suspected Fraud and Corruption, to an authorised officer of the Department, their supervisor, or the Commonwealth Ombudsman. Disclosers will be offered support and protections from reprisal when disclosing under the Public Interest Disclosure Act 2013. Authorised officers can be contacted via PID@dewr.gov.au.

Suspected serious or systemic corruption by or involving current or former Provider Personnel can be reported directly to the National Anti-Corruption Commission (NACC). A range of protections are available to those who report directly to the NACC.

1.5. Dispute ResolutionCopy citation · §1.5

Providers are expected to work with the Department to resolve complaints, disputes or problems, using the following informal dispute resolution process (except for matters excluded under the relevant Deed):

• The Provider will initially discuss the issue or problem directly with a Provider Lead. If the dispute, complaint or problem cannot be resolved, the Provider can request that it be raised with the relevant state manager.

• If the above process does not resolve the issue, the National Contract Manager will attempt to facilitate a resolution.

Any dispute or problem that cannot be resolved through this informal resolution process will be managed through the formal dispute resolution process set out in the relevant Deed.

1.6. Commonwealth Child Safety Framework (CCSF)Copy citation · §1.6

​In response to the Royal Commission into Institutional Responses to Child Sexual Abuse, the Australian Government developed the Commonwealth Child Safe Framework (CCSF) as a whole of government policy that sets out the minimum standards for child safe practices within Commonwealth entities. The Commonwealth response includes a commitment to require any institution it funds to undertake child-related work to adopt the National Principles for Child Safe Organisations (National Principles).

Where the CCSF is relevant, the Department has included Child Safety clauses into employment services Deeds. As specified in those Deeds, Providers must undertake a range of actions to ensure child-safe standards and practices are available and implemented. Amongst other things, Providers must comply with applicable Working with Children Laws, obtain Working with Children Checks where required, and implement the National Principles (including to undertake a risk assessment, provide training and ensure compliance).

Providers must certify compliance annually with the Child Safety clauses by completing the Child Safety Provider Declarationsign-in required (sign-in required) within 10 business days of 1 July each year, or if requested by the Department.

1.6.1. Resources for complying with the Child Safety clausesCopy citation · §1.6.1

The Department acknowledges the differences in each organisation, program, and the State and Territory jurisdictions and child safety-related laws. As such, implementation and compliance with the Child Safety clause(s) requires a tailored response from each Provider.

Providers should refer to the Australian Human Rights Commission's (AHRC) Child Safe Organisations website for practical tools and resources to help implement the National Principles for Child Safe Organisations, including free e-learning modules developed by the AHRC to assist in training Provider Child-Related Personnel. Resources are also available from state and territory governments in relation to compliance with Working with Children Laws. A list of state and territory child safety links and resources have been consolidated on the AHRC's Child Safe Organisations website.

1.6.2. Reporting of IncidentsCopy citation · §1.6.2

In the course of delivering Services, Providers may identify concerns they have about a Child or Children, whether they are a Participant or not. Providers must ensure that these concerns are actively and appropriately managed in line with their policies and procedures, the National Principles and any legislation in the state and territory jurisdictions they operate in, including those requirements relating to mandatory reporting in those jurisdictions.

Where Providers are complying with the Department's existing processes and policies in the delivery of Services (for example, in incident management or the disclosures of protected information under a Public Interest Certificate), Providers must make the Department aware if a Child or Children are involved and any action taken to manage impact to the Child(ren).

1.7. Minimum Site RequirementsCopy citation · §1.7

Providers must ensure their Sites meet the following minimum requirements:

• Sites are accessible for people with a disability;

• Sites are presented in a manner that upholds and maintains the good reputation of Services as determined by the Department;

• facilities and protocols are in place to ensure security of personal information and privacy for Participants;

• Sites have a welcoming environment to cater for the needs of Participants and are culturally appropriate;

• for Workforce Australia Services Specialist Providers, Personnel must have experience in delivering services to the specialist participant cohorts that are being serviced at the Site, including access to specialist expertise where required; and

• Sites comply with any relevant State and Commonwealth legislative requirements with regards to health orders or Work Health and Safety.

1.7.1. Co-location with other Providers, Services or Specialist TypesCopy citation · §1.7.1

The Department considers a Site to be co-located where more than one Provider, employment service program, (in the case of Workforce Australia Services) specialist type, or third-party organisation is servicing participants at a single Site with any shared space, including reception, waiting areas, servicing areas, and meeting rooms.

In addition to the minimum general requirements for a Site as mentioned above, where multiple Services, specialisations, Providers and/or third-party organisations are co-located at a single Site, the Department requires Providers to at the very least:

• assist Participants or potential service recipients visiting the Site with clear advice about the services delivered at the Site;

• make it clear to individual Participants at the Site what Provider and employment service they have been referred to;

• use clear signage (presented in accordance with the guidance in the Workforce Australia Brand Style Guide section) at reception and the broader workspace aligned with the services being delivered to enable Participants to help them identify where they need to go and who they should talk to upon entry; and

• have clear protocols and accountabilities established about the use of shared space and facilities (for example, use of printers, copiers, private rooms and storage).

1.8. Media EnquiriesCopy citation · §1.8

Engagement with the media can be an important part of your work as a Provider.

• Providers must immediately refer any media enquiries related to Government policy or program settings to the Department’s media team (media@dewr.gov.au), and your Provider Lead and State/Territory Manager. The Department will prepare the response and liaise further with the Minister’s media advisers as required. Your email should include the nature and timeframe of the request, as well any relevant background.

• Providers must immediately inform your Provider Lead and State/Territory Manager of any media enquiries received related to your delivery of the Services. Your Provider Lead will then advise whether the media enquiry must be referred to the Department’s media team.

1.9. Business Continuity Requirements Copy citation · §1.9

The Department defines business continuity as arrangements and practices that ensure there are adequate business processes in place for Providers to continue to meet their service obligations during emergencies or other incidents leading to business disruption. 

Providers are required to have appropriate business continuity arrangements in place to ensure the safe provision of employment services to Participants. At a minimum, such arrangements should include processes to: 

• contact affected Participants, if required; 

• where applicable, ensure that Targeted Compliance Framework (TCF) is not applied where mutual obligation requirements have been suspended; 

• arrange alternative servicing options for Participants; 

• reschedule activities or appointments, including contacting employers, host organisations, or support services; 

• manage site safety and security, including lockdowns or evacuations; 

• manage the security and integrity of Provider IT Systems, including containment and notification to the Department of cyber incidents; 

• secure records and filing systems; and

• submit urgent/critical notifications and incident reports (including temporary site closure reports) to the Department and other relevant entities (e.g. police, health/welfare agencies, emergency respondents). 

1.10. Face-to-face Service DeliveryCopy citation · §1.10

Face-to-face servicing plays a crucial role in fostering meaningful direct engagement between Providers and Participants in employment services. In-person interactions can allow Providers to gain a better understanding of a Participant’s individual circumstances, enabling a more comprehensive tailored experience, resulting in more effective and sustainable employment outcomes.

Within each program’s respective Deed and Part B Guidelines, certain Services may be:

• required to be delivered in a face-to-face format (for example, initial interviews, or certain activities), or

• requested by a Participant to be delivered in a face-to-face format where not otherwise required to be delivered face-to-face (for example, ongoing appointments).

This section specifies the conditions that Providers must be satisfied of for Services to be conducted in a face-to-face format. Providers may use this guidance in response to an individual’s circumstances, or situations affecting multiple Participants such as natural disasters and health crises (including pandemics).

For clarity, this section does not set out the principles by which Providers should determine whether Contacts or activities that are not required to be face-to-face should be conducted face-to-face. This should be determined through consideration of, and consultation with, Participants and their individual circumstances.

1.10.1. Conditions for the delivery of face-to-face servicingCopy citation · §1.10.1

Providers must consider the Participant’s personal circumstances when determining whether Services are able to be delivered in a face-to-face format. In determining this, Providers must be satisfied that face-to-face servicing is:

• Safe - Providers must ensure that any face-to-face Service delivery is:

• carried out in a safe manner

• appropriate for the relevant Participant, the Provider’s staff and others from a work health and safety perspective; and

• permitted by and consistent with any other legal requirement.

If a Participant has a history of serious incidents and Managed Service Plans, including at Services Australia, consider if face-to-face servicing is safe or if it will pose risk to other Participants and Provider staff that cannot be reasonably managed at the Site. 

• Beneficial to the individual Participant - In making this determination, Providers must consider the benefits to a Participant in receiving Services in person, including but not limited to, where a direct and personalised connection with the Provider:

• is a key element of the service design, for example, in the case of Workforce Australia Services or Transition to Work which requires delivery of high quality, tailored and intensive case management

• where relevant to the program’s objectives or Participants’ goals, will improve the Participant’s prospects for a successful (re)entry into the labour market and ability to find employment

• will help the Participant meet any mutual obligation requirements; or

• will provide the Participant with mental health benefits.

• Reasonable in the circumstances to be conducted in a face-to-face format – A list of non-exhaustive circumstances that may make it unreasonable to provide a Participant with Services face-to-face include:

• they reside in an area that is affected by:

• extreme weather conditions

• a natural disaster

• public transport strikes

• lack of access to reasonable transport, and/or

• a written direction as notified by the Department, addressing expectations in relation to Provider servicing arrangements and Participants’ Mutual Obligation Requirements.

• cultural reasons

• travel time and/or cost is not reasonable

• they are participating in full-time Education (including training) and this participation restricts their availability to attend face-to-face

• they are Employed and their hours restrict their availability to attend face-to-face

• they are subject to legal restrictions (i.e. State or Territory health orders or house arrest)

• they are not medically fit to attend

• they have health considerations (including COVID-19 considerations) that impact on the Participant’s ability to attend. These may include:

• being immunocompromised or being a household contact of someone who is immunocompromised, and/or

• other relevant health considerations.

• other exceptional circumstances that are beyond the Participant or Provider’s control.

Note: The above reasonable circumstances are also ‘Allowable Circumstances’ for the purpose of Capability Interviews under the Workforce Australia Services Deed of Standing Offer and relevant Part B Guideline. Providers should be aware of whether there are any directions from the Department relating to the Participants requirements to attend Capability Interviews, for example in relation to extreme weather conditions, natural disasters and public transport strikes.

Alternative Service Delivery

When the conditions for face-to-face servicing are not met or when circumstances beyond the Participant’s or Provider’s control make it unreasonable to conduct face-to-face servicing, Providers must decide on an appropriate alternative option, which may include:

• rescheduling the appointment

• meeting with the Participant by other means, for example over the phone or online via video conferencing. Please note that Providers are not permitted to meet with Participants at the Participant’s home or residence

• placing the Participant in an alternative activity that is not required to be delivered in a face-to-face setting, or

• helping the Participant transfer to a Provider that is more suitable.

For clarity, where face-to-face servicing is a requirement in the respective Deed or Part B Guidelines and exceptional circumstances apply, Providers must make all efforts to reschedule the in-person appointment/meeting/interview/Contact before deciding on an alternative option not involving face-to-face servicing.

Where a Provider determines face-to-face servicing is not appropriate where normally required under the respective Deed or Part B Guidelines, they must record why it is not suitable for the Participant, including what other alternative solutions were explored prior to choosing non-face-to-face delivery.

Unless otherwise provided in the respective Part B Guidelines, Providers must record their reasons in the Comments section of the Department's IT Systems and update their reasons as circumstances change.

For the avoidance of doubt, this is applicable to all Services (including Activities, other courses or training).