Chapter 1. Referrals, Eligibility and Onboarding

Supporting Documents for this Chapter:

• Business Eligibility Criteria Supporting Document

• Self-Employment Assistance Registration Formsign-in required (sign-in required)

• Privacy Notification and Consent form

• Direct Registration Form

Self-Employment Assistance (the Services) helps Participants become financially independent by creating their own small business or by helping Eligible Business Owners to adjust their businesses. Self-Employment Assistance offers Services that include: Exploring Self-Employment Workshops, Small Business Training, Business Plan development, Small Business Coaching (formerly known as ‘Comprehensive Services’), Business Health Checks, and Business Advice Sessions.

Providers are responsible for determining a person’s eligibility for Self-Employment Assistance, referring people to the Services, and delivering high quality Services to Participants.

Providers are responsible for supporting people to register and engage with the services and must ensure that Participants can receive Services for which they are eligible. In determining the Services that are most appropriate for each Participant’s needs, Providers must consider the Participant’s personal circumstances as well as their individual business needs.

Before delivering the Services to a Participant, the Provider must be satisfied that the Participant is Eligible.

To be Eligible, a Participant must:

• be personally eligible for the Services as identified in these Guidelines, and

• have a business or business idea that meets the Business Eligibility Criteriasign-in required (sign-in required), where required for the relevant Service.

The Provider must also be satisfied that:

• the Participant has the capacity and capability to benefit from the relevant Service

• the Participant has made an informed decision that their chosen Service/s best fits their needs, and

• consideration has been given as to whether the Participant may need to access other services to support their personal or business development or whether the Participant would be better served by any other services instead of the Provider’s Services.

(Deed Reference(s): Clause 82)

To be Eligible to access the Services, a person must:

• be at least 15 years of age (noting that a person must be 18 years of age to access Small Business Coaching)

• not be enrolled in full-time secondary education

• be:

  • an Australian citizen, or

  • a visa holder with working rights and either allows the visa holder to:

    • remain in Australia for at least 24 months, or

    • access income support payments,

• not be an undischarged bankrupt, and

• meet any additional eligibility criteria specific to the Service(s) which they have chosen, including any criteria in the Chapter for the relevant Service.

A person may also be deemed Eligible where the Department advises the Provider in writing from time-to-time.

Providers are required to ensure a business is on-track to have a net income that is at least equal to the Basic Rate of JobSeeker Payment and operate on an average of 35 hours a week within 12 months of commencement in the program, unless part-time Mutual Obligation Requirements or Reduced Capacity to Work apply.

Remote Australia Employment Service (RAES) locations

RAES participants in regional and remote Australia can participate in Self-Employment Assistance Services with agreement from their RAES provider.

The Self-Employment Assistance Provider must contact the RAES provider to notify them of the participant’s request, and seek their agreement.

RAES participants may still need to meet with their RAES provider to agree a job plan, which can include creating a business.

• System step — For Self-Employment Assistance Services, except for Small Business Coaching, once eligibility has been assessed, Self-Employment Assistance Providers must conduct a search for the RAES participant through the Department’s IT Systems and create a SEA6 contract referral by directly registering the RAES participant or by implementing a Provider Self-Referral (as appropriate).

• System step — The Self-Employment Assistance Provider notifies the RAES provider whenever the RAES participant commences or completes a service element.

• System step — For Small Business Coaching, the Self-Employment Assistance Provider must email their Employment Region Lead seeking the removal of the Participant’s RAES indicator in the Department's IT Systems, with agreement from the RAES provider. The Self-Employment Assistance Provider must advise the Employment Region Lead once services have ceased, to restore the RAES indicator.

Special Cohorts

Regardless of eligibility, the following cohorts must be flagged in the Department’s IT Systems:

• retrenched workers,

• veterans, and

• family members of serving Australian Defence Force (ADF) personnel.

• System step — The Provider must identify a retrenched worker by applying the ‘early access retrenched worker’ special placement flag in the Department’s IT Systems.

• System step — The Provider must identify eligible veterans by applying the ‘veteran’ special placement flag in the Department’s IT Systems.

• System step — The Provider must identify eligible partners and adult children of serving members of the ADF by applying the ‘veteran’ special placement flag in the Department’s IT Systems.

To access any Service (apart from Exploring Self-Employment Workshops), a Participant must have a business idea or existing business that meets the Business Eligibility Criteria.

The Business Eligibility Criteria are that the existing business or business idea:

• has been assessed as viable by the Provider with a net income that is at least equal to the Basic Rate of JobSeeker Payment within 12 months

• allows the Participant to commit the required hours into the business to continue its viability

• does not create any real or perceived conflicts with other personal or paid work activities

• will be operating on average 35 hours per week within 12 months (unless part-time Mutual Obligation Requirements or Reduced Capacity to Work apply)

• is either:

  • a new business, or

  • a business which is operated by an Eligible Business Owner,

• has an independent business structure including a structure so the Participant has, and will maintain, a controlling interest over the business throughout the duration of the Participant’s time accessing the Services,

• is lawful and capable of withstanding public scrutiny, and

• will be, or is, established, located, and operated solely within Australia.

Refer to the Business Eligibility Criteria Supporting Documentsign-in required (sign-in required) and for further information.

• Documentary evidence — The Provider must retain Documentary Evidence confirming their decision that a business is not currently Operating Commercially. Relevant Documentary Evidence could include, but is not limited to:

• bank statements

• profit and loss statements

• balance sheets

• income statements

• Documentary evidence — The Provider must retain Documentary Evidence confirming their decision that a business is at risk of not Operating Commercially. The Documentary Evidence must note the specific threat(s) to the business’ Viability and may include, but is not limited to:

• documentation confirming a recent event (such as a natural disaster) or change in the business' circumstances that has impacted the operations of the business

• confirmation of changes in the business' operations, such as the withdrawal of a supplier or the entry of a new competitor

• financial information identifying a trend in the business' performance

Once the Provider has assessed that a Participant is Eligible for the program, they must explain the Services to the Participant and discuss how the Participant wishes to access them. This discussion should cover matters such as which Service the Participant wishes to access, the order in which they would like to access them (where applicable) and the delivery medium of the Services.

The Provider must ensure that:

• they understand what the Participant wishes to achieve by accessing the Services, and

• the Participant is aware of the Services they are eligible for.

The Provider must also ensure (as specified in the Part A Guidelines: Privacy Chaptersign-in required (sign-in required)) that Participants are provided the Privacy Notification and Consent Formsign-in required (sign-in required) during their onboarding.

• Documentary evidence — The Provider must retain the Participant’s signed Registration Formsign-in required (sign-in required) to confirm the Participant’s Eligibility and selection of the Services they wish to access.

(Deed Reference(s): Clause 79.2)

If a Participant is also accessing any Other Program while they access the Services, the Self-Employment Assistance Provider must ensure that the Other Program Provider is advised when a Participant commences and completes any Service.

(Deed Reference(s): Clause 82.4)

When a person approaches the Provider wishing to access Self-Employment Assistance Services, the Provider must determine their eligibility by conducting a Registration search using the Department’s IT Systems.

The outcome of the Registration search in the Department’s IT Systems will determine which option the Provider selects in accordance with Table 1‑A.

Table 1‑A: Referral Options into Self-Employment Assistance

(Deed Reference(s): Clauses 81, 82.2)

Other Program Providers (including the Digital Services Contact Centre) can refer their participants to the Self-Employment Assistance Provider through the Department’s IT Systems. Other Program Providers are not responsible for confirming the Participants’ Eligibility for Self-Employment Assistance prior to issuing the Referral. The Self-Employment Assistance Provider must confirm the Participant’s Eligibility and suitability at their initial point of contact.

• System step — The Self-Employment Assistance Provider must end the Referral of any Participant who is assessed as not Eligible.

The Self-Employment Assistance Provider may complete a Provider Self-Referral in the Department’s IT Systems when they are satisfied that a person is Eligible for the Services. Before the Provider can complete the Provider Self-Referral, the Provider must first confirm that the person has previously been Registered in the Department’s IT Systems.

• System step — The Provider may complete a Provider Self-Referral for an Eligible person through the Department’s IT Systems.

A person may directly contact a Provider wishing to access the Services without a current referral to any employment services program in the Department’s IT Systems. Where this occurs, the Self-Employment Assistance Provider must assess whether the person is Eligible for the Services and if so, Directly Register them.

Eligibility for Direct Registration

Before Directly Registering a person, the Provider must confirm whether the person has a legal right to work in Australia.

There are 2 resources which can assist the Provider in this regard:

• the Visa Entitlement Verification Online (VEVO) service can be used to check a non-citizen’s visa status after sighting their international passport, or

• Schedule 8 of the Migration Regulations 1994 sets out the visa conditions that prohibit or restrict the work that a visa holder can do in Australia.

The Provider must not proceed with the Direct Registration process if the person does not have a legal right to work in Australia or if the Provider has any reservations on their right to work. If the person’s legal right to work cannot be established, the person should be encouraged to contact the Department of Home Affairs (DHA) to check their legal right to work in Australia. If they need further assistance, the person should also be referred to Services Australia or an appropriate community service.

Directly Registering a Participant

The Provider should confirm whether a person wishing to Directly Register has an account on the Workforce Australia website that is linked to their myGov account. If the person does not have an account on the Workforce Australia website, the person should be encouraged to create one via their myGov account.

• Documentary evidence — If a person chooses to complete the Direct Registration Formsign-in required (sign-in required), the Provider must retain a copy of the completed, signed and dated form Direct Registration form.

• System step — The information collected on the Direct Registration Formsign-in required (sign-in required), must be entered into the Department’s IT Systems after the Provider determines the person’s eligibility for Self-Employment Assistance.

If a Participant is also a Services Australia customer, the Department’s IT Systems can obtain information from Services Australia, such as current Income Support Payment type and Mutual Obligation Requirements. For this to occur, where the records are not already linked, the Provider must link the Participant’s Job Seeker Identification number (JSID) to the Participant’s Customer Reference Number (CRN) through the Department’s IT Systems during the Direct Registration process or afterwards.

A Participant who relocates to a new Employment Region should be transferred to a Provider contracted to deliver the Services in that region. The gaining Provider must check that the Business is on track to be operating commercially in the new Employment Region. If the Participant’s current Provider delivers the Services in the Participant’s new location, the Participant should be transferred to their Provider’s Site in that Employment Region.

Documentary evidence — Where a Participant requests to remain or commence in Services with a Provider not delivering Services in their Region, an Out-of-Region Servicing request form must be submitted to the Department, detailing the justification for the request. The Department will review all ‘Out-of-Region Servicing’ requests on a case-by-case basis and notify the Provider in writing of the decision. The Department will only approve a request for a Participant to receive Out-of-Region Servicing where it meets certain criterion, such as:

• Documentary evidence — The Participant is physically located closer to a Provider outside their Employment Region than the Providers inside their Employment Region, or

• Documentary evidence — The Providers inside the Participant’s Employment Region do not offer services that are offered by Providers outside the Employment Region. Participants must attempt to contact all Providers within their Employment Region before seeking Out-of-Region servicing.

• Documentary evidence — It is in the best interests of the Participant to remain with their current Provider (e.g. the Participant has commenced Small Business Coaching and has developed a strong relationship with their current Provider).

  Documentary evidence — *Participants in a Remote Australia Employment Service (RAES) Region can be serviced Out-of-Region and an Out-of-Region Servicing form is not required. However, approval is required by the Participant’s RAES provider.

  Documentary evidence —

• Documentary evidence — The current Provider must retain documents identifying the change of location and discussions with the gaining Provider. An Out of Region Servicing formsign-in required (sign-in required) must be completed and submitted to the Department for approval.

• System step — The Participant’s current Provider must email their Provider Lead to request that the Department action the transfer in the Department’s IT Systems.

If a Participant is transferring between Providers located within the same Employment Region, the current Provider must ensure prior to transferring that:

• The gaining Provider has been notified of the request and proposed date

• The Participant’s business is on track to operate commercially, and

• Any Eligible Business Cost reimbursements have been finalised, as the Participant will no longer be able to claim once they have transferred.

Following this the current Provider should put through a transfer request to the Department for review and approval. The request must be sent to SBCAllowanceReviewTeam@DEWR.gov.au and include the following details:

• The name, Contract ID and Site Code of the gaining Provider,

• The date of transfer, and

• Confirmation the gaining Provider has accepted the transfer